On 23 July 2025 the International Court of Justice (ICJ) issued an advisory opinion in response to a UN General Assembly request.
- It confirms that international law provides a sufficiently robust framework to assess climate-related state responsibility.
- It reaffirms the Paris goals as legally binding: 1.5°C is the “primary agreed-upon legally binding target” under the Paris Agreement.
- Failure of a state to take “appropriate measures to prevent foreseeable harm” (e.g. by subsidizing fossil fuels or licensing new fossil fuel projects) can itself constitute an internationally wrongful act.
- In other words, states must act proactively, by enhancing and enforcing climate regulations or risk attribution of fault.
- Countries have a due diligence obligation to reduce emissions. Any fossil fuel extraction or subsidy may breach international law.
- Countries are responsible for the conduct of actors within their jurisdiction.
- Wealthier states bear extra responsibility to help finance adaptation in poorer countries.
- Legal remedies include cessation and full restoration compensation to the harmed party.
The ICJ’s opinion is non-binding but it speaks with the authority of the UN’s highest court. More importantly, this opinion, in combination with existing laws and treaties already in place, will influence litigation and policy in courts that have binding authority.
This will be the foundation for activists and even states to file suit in traditional courts against other states.
Climate inaction has become a crime.
Think about how this will filter down to your company and its actions.