International Court of Justice (ICJ) – Role, Functions & Latest Advisory on Climate Change

Learn about the International Court of Justice (ICJ) – its establishment, composition, functions, jurisdiction, and recent advisory opinion on nations’ climate change obligations under global treaties.

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Context

  • Recently, the International Court of Justice (ICJ) delivered a much-anticipated advisory opinion outlining nations' duties to reduce greenhouse gas emissions and the legal implications of failing to act.

Key Highlights

  • Reaffirmed the significance of the UNFCCC, Kyoto Protocol, and Paris Agreement as a unified climate regime.  
  • Rejected the idea of sidelining older treaties in favor of only the Paris Agreement.
  • Recognized Annex I and II obligations, reinforcing additional responsibilities of developed countries.
  • Endorsed the CBDR-RC principle (Common But Differentiated Responsibilities and Respective Capabilities) as the core guiding principle across treaties and international environmental law. 
  • Interpreted 1.5°C as the de facto global temperature goal, overriding the original "well below 2°C" target of the Paris Agreement. 

About ICJ

  • The ICJ is the main judicial organ of the United Nations and is also known as the World Court.

Establishment

  •  Created in June 1945 under the UN Charter and became operational in April 1946. 

Headquarters

  • The Hague, Netherlands(only UN principal organ not headquartered in New York, USA) 

Official Language

  • French and English. 

Composition

  • Judges: 15 judges from different countries. Elected to 9-year terms by the UN General Assembly and Security Council. 
  • Judges act independently and do not represent their countries.

Ad Hoc Judges

  • If a party to a case has no judge of its nationality on the bench, it may appoint a judge ad hoc for that specific case.

Registry

  • The Court is supported by the Registry, its independent and permanent administrative secretariat (distinct from the UN Secretariat).

Legal Basis for Judgments

  • International conventions and treaties, International customs, General principles of law recognized by civilized nations, Judicial decisions and scholarly writings.


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