The Highest Court Speaks Out

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LISTENING: to a press briefing following the ICJ's ruling
FEELING: ...hopeful?
SEEING: my iced dunkin melt

Volcanoes and coral reefs helped form the archipelago of Vanuatu, which sits east of Australia in the Pacific Ocean. The islands' isolation led to an explosion in biodiversity, including many striking species unlike any found elsewhere. Take the Vanuatu megapode, an endemic bird that looks a bit like a turkey.

The islands are also home to over 335,000 people. I know, that might not sound like a lot, especially as I write from New York City, but every person is a universe. And they all just got a lot more power thanks to a first-ever historic climate ruling from the International Court of Justice (ICJ) out Wednesday.

I listened to the livestream of the court hearing with shivers rushing up and down my arms. I've become a bit of a cynic these days, expecting very little from the powers that be. But today, climate justice was victorious.

Nation-states, especially those that are members of the United Nations, cannot sit idly by and continue to destroy the planet and future generations with their reckless fossil fuel pollution. They have a legal duty to abide by international law. Legal consequences can follow if not.

In short: Countries have a legal obligation to address the climate crisis, and vulnerable island nations like Vanuatu can be owed reparations for the irreparable harm they face at the hands of fossil fuel polluters. This is a huge fucking deal and exactly what the people need to push climate litigation further in the courts.

Welcome to Possibilities, a creative climate newsletter on the possibilities that lie where crisis meets community. I’m Yessenia Funes, and I'm looking beyond the U.S. to remind us of all the good happening elsewhere in the globe.

This advisory opinion from the ICJ came after a years-long effort from the Republic of Vanuatu asking the U.N.'s ICJ to clarify the obligation of states to reduce greenhouse gas emissions. For too long, vulnerable nations that contributed very little (if at all) to the planet's worsening health have borne some of the worst impacts.

“The Global South is bearing the brunt of a crisis it did not create," said Ralph Regenvanu, Vanuatu's Minister of Climate Change Adaptation, in a statement. "Families are losing their homes, entire cultures are at risk of disappearing, and lives are being shattered by man-made climate disasters. The nations most responsible for emissions should be held accountable for any violations of legal obligations, and they must also step up and lead in providing resources and support to aid those most affected. 

In Vanuatu, villages have already begun forced relocation due to the impacts of rising seas, such as salty seawater disrupting drinking water sources. Cyclone Pam struck the region in 2015, devastating coral reefs. Eight years later, the country was hit again by back-to-back cyclones.

With the ICJ's unanimous ruling, countries like Vanuatu have a bit more teeth to sue polluting nations and demand financial assistance to deal with these growing impacts.

In the minutes following the ruling, I texted with youth climate activist Ayisha Siddiqa, who's presently in Guam interning with a law firm on the case. This was her response:

"Three hours ago, the world had no real system for holding states to account for climate harm. Now, at last, we have legal language for the wrongs so many communities have lived and fought to name. The ICJ has swept aside decades of delay, affirming that states can be held responsible not just for damage already done, but for the risks they knowingly unleash on our future. Crucially, the Court recognized that fossil fuel expansion itself constitutes an internationally wrongful act; no state can plead ignorance as they drive the crisis further. This is huge: For the first time, climate justice is a matter of international law, and states that violate their obligations now face real legal consequences. The era of impunity may be coming to its end—there is now a legal pathway to end the age of fossil fuels and protect our collective future."

The world's highest court has spoken. I hope our leaders listen. High-stakes negotiations at COP30 are around the corner. I know that the people won't accept the status quo any longer. We can't afford to. 🌀

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