Susana Borràs Pentinat
Associate Professor of Public International Law and International Relations at Rovira i Virgili University, coordinator of the Master's Degree in Environmental Law and researcher at the Tarragona Centre for Environmental Law Studies (CEDAT)
Although it has barely received any media attention, today could mark a historic turning point, crucial for the future of humanity and the planet. The International Court of Justice (ICJ) in The Hague, one of the principal organs of the United Nations, will issue an advisory opinion on the obligations of States in the context of the climate emergency, in accordance with international law.
This opinion—expected to be published today at 3:00 PM (CEST)—was promoted by Vanuatu, a small island nation particularly affected by the effects of climate change. The initiative received the support of more than 100 countries and was formally submitted by the UN General Assembly, which asked the ICJ to rule on two key questions: What obligations do States have, under international law, to address the climate crisis? And what legal consequences will they face if they fail to act and cause irreversible damage?
Although the ICJ's advisory opinion is not legally binding, it does have significant, internationally recognized normative value. It represents a unique opportunity to strengthen global legal frameworks on climate change, reaffirm the principle of common but differentiated responsibilities, and protect human rights in the context of this crisis, which particularly impacts the most vulnerable populations, such as small island states, and future generations, who, despite having contributed minimally to global warming, will suffer the worst consequences.
The climate emergency is already generating serious violations of fundamental rights, such as access to water, food, and even the most basic right: the right to life.
This pronouncement comes at a particularly decisive moment. Scientifically, the Intergovernmental Panel on Climate Change (IPCC) has conclusively confirmed the seriousness of the situation. For the first time in history, the critical threshold of 2°C of global warming in one day above the pre-industrial era average has been reached. Furthermore, last year, the International Tribunal for the Law of the Sea issued its first ruling on States' climate change obligations, with explicit reference to human rights. A month earlier, the European Court of Human Rights had already ruled against a State's climate inaction (Switzerland), recognizing how this omission directly affects fundamental rights. At the same time, strategic climate litigation is multiplying worldwide, with more than 2,000 lawsuits demanding legal accountability from States for their inaction or lack of climate ambition. More recently, on July 3, the Inter-American Court of Human Rights issued Advisory Opinion OC-32/25, which, for the first time in the Americas, directly links the climate emergency with the protection of human rights. Furthermore, the African Court of Human Rights is working on formulating an advisory opinion in this regard.
We are undoubtedly at a historic moment, one that responds to the urgent need of the moment. The legal responses, as well as the scientific ones, are now unanimous worldwide: we need urgent measures to address climate change, but also measures to confront the political irresponsibility, especially from the Global North, that endangers life on the planet.