THE Philippines, one of the world’s most vulnerable countries from climate change risks, has asked the United Nations’ principal judicial organ to make polluting countries accountable for climate change.
In its written statement, the Philippine government also asked the International Court of Justice based in The Hague, The Netherlands to heed the call of the UN General Assembly to issue an advisory opinion on climate change.
Can ICJ rule on climate change?
In March 2023, the UN General Assembly requested that the ICJ issue an advisory opinion on the obligations of states with respect to climate change.
The ICJ has two major mandates: settle legal issues including territorial disputes submitted by states, and issue advisory opinions on legal questions referred by UN agencies.
Vanuatu lobbied before the UN member states to support its initiatives to bring the question of climate justice before the ICJ.
The UNGA asked the ICJ to answer the questions:
■ What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gasses (GHG) for States and for present and future generations?
■ What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to: (i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change? (ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?
Philippine submission to ICJ
The Philippines urged the ICJ to exercise its jurisdiction on rendering an advisory opinion on the liability of states leading to climate change.
“The enormity of the effects of climate change and its calamitous impact on all States and peoples are doubtless confirmed by scientific consensus…This paramount concern, therefore, impels and warrants the exercise of this Court’s advisory jurisdiction,” it said.
The Philippines also urged the Court to “view [the issue] within the context of all people’s fundamental Right to Life” as well as the “Right to a Clean, Healthy and Sustainable Environment.”
Manila wants countries which emit the most human-caused greenhouse emissions (GHG) to be held accountable for the loss of lives and properties brought forth by climate change-induced disasters.
“Any act or omission that harms or tends to harm the environment …that may be attributable to a State which results in anthropogenic GHG emissions over time causing climate change is a breach of a State obligation under international law,” the Written Statement signed by Solicitor General Menardo Guevarra and other solicitors and counsels.
Philippine Ambassador to the Netherlands J. Eduardo Malaya submitted the Written Statement last Thursday. State Solicitor Rowena F. Mutia and Associate Solicitor Mary Rose Beley-Arnesto of the Office of the Solicitor General accompanied him at the Peace Palace.
Various agencies of the Philippine Government contributed to the Written Statement, led by the Office of the Solicitor General and the Department of Foreign Affairs, in consultations with the Department of Justice, the Department of Environment and Natural Resources, the Climate Change Commission, the National Economic and Development Authority, and the University of the Philippines Law Center, among others.
‘Game changer’ in climate law and diplomacy
An ICJ advisory opinion on climate justice is a “game changer in the field of climate law and diplomacy,” Ambassador Malaya said.
Earlier, the Philippines also supported the small island states in asking the International Tribunal on the Law of the Sea (Itlos) to issue an advisory opinion on climate change, with focus on the obligation of states to protect the marine resources.
In the case of the ICJ, the questions include the specific obligations of states, and whether states can be held responsible for increase in GHG emissions.
“The participation of the Philippines in the advisory opinion proceedings is significant as it addresses the issue of climate change, which is perhaps the greatest existential threat facing the world today,” Ambassador Malaya said.
“It also marks the welcomed return of the country in the proceedings of the ICJ, the last one having been decades ago.”
Image credits: AP/Peter Dejong