IUCN contributes further to historic legal climate change proceedings in World Court

The International Court of Justice (ICJ), which is often referred to as the World Court and operates as the highest judicial organ of the United Nations, was asked by the UN General Assembly last year to deliver an Advisory Opinion on State obligations to protect the world's climate system.

On 22 March 2024, IUCN contributed to these historical proceedings by submitting its written statement. IUCN is the only international organisation with both state and non-state members being heard by the Court. All other participants to these proceedings are either States or intergovernmental organisations with only state members.

The second important milestone in these proceedings has now been reached, with participants having been granted the possibility to comment on statements presented by other participants. On 15 August, Prof Francesco Sindico, the Co-Chair of the IUCN World Commission on Environmental Law's (WCEL) Climate Change Law Specialist Group, presented IUCN’s responses to the written statements of other States and Organisations to the Registrar of the Court. IUCN will now have the possibility to present its views during the oral proceedings scheduled to start in December 2024.

The preparation of IUCN’s statement to the ICJ has been led by Lead Counsel Prof Christina Voigt, who worked with a wide range of experts collaborating as co-Counsel. IUCN also benefited from the input of members of the WCEL's Climate Change Law Specialist Group led by Prof Sindico and Dr Fabiano de Andrade Correa.

IUCN’s work in these historical ICJ proceedings strengthens the position of the Union as a leading actor when it comes to the development of international law in the field of climate change and environmental protection. It follows similar contributions by IUCN to advisory opinion proceedings before the International Tribunal for the Law of the Sea (ITLOS), whose own Advisory Opinion was issued on 21 May, and the ongoing advisory proceedings on the climate emergency before the Inter-American Court of Human Rights.

“I am delighted to see that the ICJ, the highest judicial body of the United Nations, has allowed IUCN the opportunity to contribute to these proceedings, which will have a critical impact on the future of our planet. It shows the high esteem that the Court has for IUCN and I commend the hard work of the World Commission on Environmental Law in putting together our submission. We are honoured to be able to play a part in such important work", said IUCN Director General Dr Grethel Aguilar.

“Ninety-one States and international organisations presented a statement to the Court in the context of this Advisory Proceeding. This is the highest number ever received by the Court, and it shows the importance that States attach to climate change and to the need to clarify what are the state obligations to protect the climate system", said Prof Sindico. "I am delighted to represent IUCN today and would like to thank Prof Christina Voigt and all other Counsel who have been working tirelessly over the past months to prepare these written comments."

“IUCN's written comments, prepared by WCEL and submitted to the Court on 15 August, are a crucial part of our participation in these advisory proceedings. Not only did the comments provide an opportunity to emphasize IUCN's main legal arguments, but also to strengthen them by reference to other parties' statements in support of IUCN´s arguments", added Prof Voigt. "Moreover, the written comments also allowed us to build on the significant findings by ITLOS and the European Court of Human Rights. IUCN WCEL is grateful for the opportunity to participate in these historic proceedings.”