In Short

• The ICJ ruling offers some respite to the Pacific Islands, on which climate change has taken a heavy toll.
• The two biggest emitters, the US and China, are not under the ICJ's jurisdiction.
• Vulnerable countries can seek compensation for climate change damage.

Climate activists have a new reason to cheer after the International Court of Justice (ICJ), in its latest ruling, gave countries the right to sue one another over climate change.

Although the ruling includes claims related to historic emissions of greenhouse gases, it is non-binding and will have a strong influence on future national and international legal cases.

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The credit goes to a group of young law students from Pacific island nations, such as Tonga and Vanuatu, where people have been suffering for many years from rising sea levels and extreme weather. Increasingly frustrated by the lack of global climate action, the youngsters took to the highest UN court to hold countries accountable for the climate crisis.

Siosiua Veikune from Tonga, a student, said, "I'm lost for words. This is so exciting. There's a ton of emotions rushing through us. This is a win we take proudly back home to our communities."

The ICJ, in its judgment, said that it is incredibly difficult to pinpoint who did what and to what extent, but held that climate change can lead to legal responsibility. It also stated that nations have a duty under international law to safeguard the environment, even if they are not part of the 2015 Paris Agreement.

The court further added that countries must adopt the most ambitious climate plans possible; failing to do so would go against the commitments made under the Paris climate deal. Governments are responsible for businesses within their jurisdiction, meaning that support for new fossil fuel projects would breach global climate obligations.

Climate-vulnerable nations are celebrating this victory, particularly small island nations like Vanuatu that have been clamouring for decades and going from pillar to post to protect their islands. Now, with the new ruling in place, they could seek compensation for destroyed infrastructure, flooded homes, or even for the relocation of entire communities.

However, to receive compensation, they have their task cut out to prove that the damage was caused by climate change, which would be decided on a case-by-case basis.

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Though countries like China and the US, which have been the largest emitters in the world, are not under the ICJ's jurisdiction, the opinion could still be cited in other countries, especially in domestic courts of well-off nations, which could help the Global South or developing countries seek financial justice for the impacts of climate change.

But the ICJ does not have enforcement power, meaning that progress in this regard is contingent on nations voluntarily following the ruling. As one climate lawyer commented, "The ICJ relies on states to respect its decisions."

Ends/

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Source: BBC