Nations Can Be Sued For Climate Harm Now! World Court Says Global Warming A Human Rights Issue
Synopsis
In a major move, the International Court of Justice has said countries must protect the environment and may be legally responsible for climate change harms. It also declared that a healthy environment is a basic human right.
The International Court of Justice (ICJ) has made a big announcement that could change the way countries act on climate change. In a special opinion released in July 2025, the ICJ said that countries can be held legally responsible if they cause serious harm to the climate. It also said that a clean and healthy environment is a human right.
This opinion is not legally binding like a normal court order. But it is very important because it will affect future climate laws, global talks, and even court cases against polluting countries and companies.
Why did the ICJ issue this opinion?
In March 2023, the United Nations General Assembly (UNGA) asked the ICJ to give its opinion on two major questions:
- What must countries do under international law to protect the climate for both current and future generations?
- What happens if a country harms the environment through its actions or failures, especially for small island countries and vulnerable communities?
After over two years of written and oral statements from different countries and groups, the ICJ gave its final opinion on July 23, 2025.
What did the ICJ say?
The ICJ looked at several key international agreements, such as the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Paris Agreement.
Some big countries, including the United States, argued that these agreements only set general goals and are not legally binding. But the ICJ disagreed. It said countries must take real action to reduce greenhouse gases (GHG) and protect the environment.
The court also made it clear that countries can be held responsible if they cause major damage through pollution or by failing to act.
Climate change and human rights are linked
One of the biggest points in the opinion is the link between climate change and human rights. The ICJ said that a clean, healthy, and sustainable environment is a basic human right. This includes the right to life, the right to health, and access to food, water, and housing.
The ICJ wrote, "The protection of the environment is a precondition for the enjoyment of human rights."
It added that climate disasters like rising sea levels, droughts, and storms can harm human rights, especially for poor and vulnerable people.
This view is similar to a 2024 decision by the European Court of Human Rights, which also said that climate protection is part of the right to life and private life.
Who could be affected?
This opinion could have a big impact on high-polluting countries and big oil and gas companies. Even countries that are not part of the Paris Agreement could now face legal challenges, because the ICJ based its opinion on customary international law and the Universal Declaration of Human Rights, not just climate treaties.
Activists and lawyers may now use this opinion to sue governments or companies that pollute the environment or don’t take steps to fight climate change. There may also be calls to treat serious environmental harm as 'ecocide', a new kind of crime like genocide, but for nature.
Even though this opinion is not a law, it is a strong message to all countries. It will guide future laws, court cases, and global climate talks, including at the upcoming COP30 summit.
However, don't expect major polluting countries to follow it easily. Some may even try to weaken the opinion or change international law to avoid future punishment.
Nevertheless, the ICJ's opinion is a major victory for climate justice and for people fighting to protect the planet. It says clearly that countries must act, not just for the Earth, but for human lives and rights.