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Climate Justice: UN Urged to Codify ICJ Obligations in New Global Resolution

Governments must not squander the opportunity to turn the International Court of Justice’s 2025 Advisory Opinion on states’ obligations regarding climate change into robust climate action, Amnesty International said ahead of discussions to finalize a new UN climate change resolution.

Amnesty International reveals that informal consultations on the draft resolution circulated by Vanuatu began Friday . UN member states are expected to vote on the resolution at the end of March, marking three years since the UN General Assembly first requested the ICJ’s opinion.

“The resolution attempts to turn the ICJ’s interpretation of key legal standards into a practical roadmap for state accountability which is likely to trigger political pushback from higher income high emitting countries wary of their historical responsibility and financial liability,” said Candy Ofime, Climate Justice Researcher and Legal Advisor at Amnesty International.

Amnesty International is calling on governments to sponsor the resolution and secure its adoption in its current form.

The draft resolution gives unqualified support to the Advisory Opinion and urges states to meet the legal obligations that it clarified. These include:

  •  adopting national climate actions plans, known as nationally determined contributions, to limit global temperature rise to below 1.5°C above pre-industrial levels.
  • taking effective steps to cut emissions, such as ending subsidies for fossil fuel exploration, production and exploitation;
  • fully upholding their obligations to refrain from returning displaced individuals to a country where climate change impacts pose a risk to life, and to consider creating safe, regular and non‑discriminatory pathways and protection frameworks for persons displaced across borders by climate‑related factors;
  • for states that have violated their obligations, to provide full and prompt reparation for damage.

The ICJ in its landmark Advisory Opinion made clear that the full enjoyment of human rights cannot be ensured without protection of our climate system and other parts of the environment from the harms of human-induced climate change. We know that extracting and burning fossil fuels are the root cause, yet recent actions by major world leaders, including U.S. President Trump’s latest revocation of the “endangerment finding” on greenhouse gases, have weakened global climate action. This has included defunding key international climate bodies and rolling back multi-lateral climate cooperation,” Candy Ofime said.

“Global cooperation, with those most responsible for climate change leading the way, is essential to equitably phase out fossil fuels, support a just transition for workers and others impacted by the phase out, protect groups and communities on the frontline of the climate crisis, and finance recovery from climate change-related loss and damage. Without it, climate impacts such as sea-level rise, salinization and coastal erosion, extreme heat, food insecurity, wildfires, violent storms, floods, and safe water shortages will intensify.

“This is a vital moment for states to show they stand on the side of climate justice – not delay, weaken, or turn away from their legal obligations and moral duty. The world cannot afford anything less. Humanity must win.”

Background

The zero draft has now been shared with all UN Member States and will be taken up during informal consultations on 13 and 17 February at the General Assembly in New York, giving every government the opportunity to shape this crucial resolution. A revised draft is expected in early March, followed by a window for states to add their sponsorship and move it toward adoption later in the month.

Amnesty International’s Climate Justice team will be available for media comments and interviews throughout this process, providing analysis as the draft evolves and urging governments to strengthen—not dilute—this landmark effort for global climate justice.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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