THE HAGUE, Netherlands – In a landmark advisory opinion issued on July 23, 2025, the International Court of Justice (ICJ) declared that nations failing to adequately address climate change, particularly by curbing fossil fuel activities, could be deemed to have committed an "internationally wrongful act" and be ordered to pay reparations. This decision, hailed as a significant step for climate justice, stems from a request by the UN General Assembly initiated by vulnerable island nations.
The ICJ, the principal judicial body of the United Nations, stated that countries have a legal obligation to protect the climate system from greenhouse gas emissions. Failure to take appropriate action, including through fossil fuel production, consumption, the granting of exploration licenses, or the provision of subsidies, may constitute a breach of international law. This unanimous finding on key aspects underscores a global consensus on states' climate obligations.
The court clarified that the legal consequences of such wrongful acts could include "full reparations to injured states." These reparations may take various forms: restitution, aiming to restore damaged infrastructure or ecosystems; compensation for financially assessable damages; and satisfaction for non-material harm. While acknowledging the complexity of attributing specific climate damages, the ICJ affirmed that it is scientifically possible to determine a state's contribution to global emissions, considering both historical and current outputs.
Though the ICJ's advisory opinions are not legally binding in the same way as contentious judgments, they carry significant moral and legal weight, serving as an authoritative interpretation of international law. Legal experts and climate activists view this opinion as a "watershed moment" and a catalyst for future climate litigation and policy. It provides a powerful tool for nations most vulnerable to climate change impacts, such as low-lying Pacific island states, to seek accountability and redress.
The ruling reinforces that states' climate actions are not isolated but are subject to international legal scrutiny, drawing upon the Paris Agreement, customary international law, and human rights law. It signals a new era where inaction on climate change could lead to tangible legal and financial consequences for polluter nations.