Steps towards international climate justice

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Good news: On 20 May 2026, a large majority of countries in the United Nations General Assembly voted to support the International Court of Justice’s Advisory Opinion concerning states’ obligations to combat climate change. This vote is the third and step in a extraordinary, years-long effort to establish climate justice as a matter of enforceable international law.


‘Pacific Islands Students Fighting Climate Change’ 1

Step 1: Law students from Vanuatu

The first step of this process was made by a group of law students from the Republic of Vanuatu, an island state in the Pacific Ocean. People on such islands are at acute risk from rising sea levels, rising ocean temperatures, and increasingly extreme weather conditions. The law students built and led a large coalition of countries, together with other island states in the Pacific. Together, they asked the United Nations General Assembly to request from the International Court of Justice to articulate an Advisory Opinion.

‘How Vanuatu’s Climate Campaign Could Save the World’ 2

On 29 March 2023, the United Nations General Assembly adopted a resolution (A/77/L.61), requesting an advisory opinion from the International Court of Justice on the obligations of States with respect to climate change. 3 The resolution was adopted by consensus; this was the first time that such a resolution, requesting the International Court of Justice to render an Advisory Opinion, was adopted by consensus.

The Court was requested to answer these questions: What are the obligations of states concerning climate change? And what are the legal consequences if states fail to fulfil these obligations?

Step 2: The International Court of Justice

Two years later, on 23 July 2025, the International Court of Justice delivered an ‘Advisory Opinion on the Obligations of States in Respect of Climate Change’. 4 The Court explained that states have binding obligations to prevent climate harm, protect the rights of present and future generations, and take urgent action to align their conduct with the 1.5°C temperature limit set out in the 2015 Paris Agreement. Critically, the Court also explained that states that fail short can be held responsible under international law.

Remarkably, an unprecedented number of states participated in the proceedings: 91 written statements were filed (the highest number ever filed with the Court) and 100 states and international organisations presented oral submissions. Moreover, the Court was unanimous—this very rarely happens; and the separate Judges’ statements went even further than the Advisory Opinion. 5

ICJ Advisory Opinion: The World’s Top Court Has Spoken Unequivocally on States’ Climate Change Obligations. 6

Step 3: The United Nations General Assembly

On 20 May 2026, the United Nations General Assembly adopted a resolution (A/80/L.65) to support the International Court of Justice’s Advisory Opinion, by a vote of 141 in favour to 8 against, with 28 abstentions. 7 A large majority of countries thereby support the International Court of Justice’s Advisory Opinion, which means that these countries agree that they need to take action to combat climate change. The resolution was brought forward once again by the Republic of Vanuatu, along with the Core Group of States and 90 co-sponsors.

General Assembly Strengthens Fight against Climate Change. 8

These have been critical steps in establishing international obligations for countries to combat climate change. What comes next depends on what individual countries do—and also on what countries together do, e.g., in the Conference on Transitioning away from Fossil Fuels 9 Countries will need to translate these obligations into policies and measures that drastically reduce greenhouse gas emissions (mitigation), that protect people from the worst effects of climate change (adaptation), and that repair damages caused by climate change.

Further reading: ‘UN backs historic climate crisis ruling, despite US attempts to stop resolution’, The Gardian, 21 May 2026. 10

  1. https://www.pisfcc.org/who-we-are[↩]
  2. https://www.thenation.com/article/environment/vanuatu-icj-climate-change-united-nations/ [↩]
  3. https://press.un.org/en/2023/ga12497.doc.htm[↩]
  4. https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/187/187-20250723-pre-01-00-en.pdf[↩]
  5. https://www.icj-cij.org/case/187/advisory-opinions[↩]
  6. https://earth.org/icj-advisory-opinion-the-worlds-top-court-has-spoken-unequivocally-on-states-climate-change-obligations/[↩]
  7. https://news.un.org/en/story/2026/05/1167561[↩]
  8. https://press.un.org/en/2026/ga12760.doc.htm[↩]
  9. https://www.scientistrebellion.nl/index.php/en/2026/05/03/transitioning-away-from-fossil-fuels/[↩]
  10. https://www.theguardian.com/environment/2026/may/21/un-vote-support-icj-world-court-climate-change-opinion[↩]