The Hague, Netherlands:
As marathon hearings on climate change concluded Friday in the world's highest court, a representative of vulnerable countries expressed “huge disappointment” at the stance of the biggest polluters and urged judges to hold them legally liable for historic emissions.
The International Court of Justice (ICJ) hosted history over the past ten days, with a record number of countries and organizations addressing the court.
More than a hundred speakers gave presentations, ranging from diplomats from the world's largest economies to representatives of small island states appearing before the UN Supreme Court for the first time.
In what many experts have depicted as a 'David versus Goliath' scrap, a sharp division has emerged between the biggest polluters and those suffering most from climate change.
Major powers such as the United States, China and India have warned the judges not to go beyond the existing legal framework to combat climate change.
But smaller states argue that this blueprint, the United Nations Framework Convention on Climate Change (UNFCCC), is insufficient to mitigate the devastating effects of the changing climate.
Cristelle Pratt, representing a group of 79 states in Africa, the Caribbean and the Pacific, told AFP there was “huge disappointment” in developed countries but that it was “quite unsurprising”.
“We cannot rely solely on climate treaties to tackle this global crisis,” said Pratt of the Organization of African, Caribbean and Pacific States.
“We have to look at the full extent of international law. And we must do this for the sake of equality and justice. Every human being on this planet has the right to live a life of value,” she added.
'Resonate around the world'
The 15-judge ICJ panel has been tasked with drafting a so-called opinion to answer two questions.
First, what legal obligations do countries have to prevent climate change? Second, what are the legal consequences for countries whose emissions have damaged the environment, especially those in developing countries?
This second question is where many vulnerable countries hope the International Court of Justice will clarify a legal requirement for legacy issuers to sue for the harm caused.
“We need to look at the historical responsibilities and hold the emitters, especially the colonial powers, accountable,” said Pratt.
“That is certainly something we hope to hear from the Global South,” she added, noting that many of its member states were servicing “unsustainable debt.”
The International Court of Justice's opinion is non-binding and will take many months to reach its conclusion.
Nikki Reisch, director of the climate and energy program at the Center for International Environmental Law, said the ruling would “reverberate around the world.”
“This is the highest court in the world and their opinion will carry weight. There is an opportunity for this court to break the impunity we have known for decades and confirm the basis for accountability,” she told AFP.
“It's not just about paying compensation for the rising costs of climate change. It is about structural reforms, debt cancellation and ecosystem restoration,” she added.
'Life and Death'
The countries Pratt represents have a population of 1.3 billion but produce three percent of global emissions, she noted.
After the bitterly fought COP29 climate talks, wealthy polluters agreed to find at least $300 billion a year by 2035 to help poorer countries transition to clean energy and prepare for a rise in extreme weather.
“The commitments are actually quite insignificant,” Pratt said.
Several top polluters have argued that it is impossible to enshrine in international law responsibility for past emissions and the damage caused.
“We have seen here in these halls time and time again that the fossil fuel giants… have urged this court to ignore history, their historical behavior, the decades of behavior that has brought the world to the brink of abyss, to sweep it under the carpet. ,” said Reisch.
The hearings were also notable for representatives of small island states, often in colorful national costumes, telling harrowing stories of the devastation suffered by their people.
“These hearings have made it clear that this is a matter of life and death for so many people,” Reisch told AFP.
(This story has not been edited by DailyExpertNews staff and is auto-generated from a syndicated feed.)
