FIJI TO PRESENT AT PUBLIC HEARINGS FOR THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINION ON CLIMATE CHANGE

06/12/2024

Fiji presented its oral submission to the International Court of Justice (ICJ) on Wednesday December 4th regarding the Advisory Opinion (AO) with respect to climate change. The delegation was led by Attorney General, Graham Leung. He was joined by Ambassador Luke Daunivalu, Permanent Representative of Fiji to the United Nations Office and other International Organizations in Geneva, as well as officials from the Office of the Solicitor General and the Ministry of Environment and Climate Change.
 
The ICJ is the world’s highest court, based at the Peace Palace in The Hague, Netherlands. The ICJ comprises of 15 senior judges from different countries around the world. The Court is headed by President, Judge Nawaf Salam of Lebanon.
 
The proceedings are of critical importance as climate change is regarded as the single greatest security threat for Fiji and the Pacific.
 
On Monday December 2nd, the ICJ began public hearings for the Advisory Opinion with respect to climate change. Hearings were requested by the United Nations General Assembly (UNGA) in March, 2023.
 
98 States and 12 international organizations are participating in the ICJ public hearings over the next two weeks. The Court will consider 2 questions:
 
  1. What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations?
 
  1. What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
  2.  
  1. States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
  2.  
  3. Peoples and individuals of the present and future generations affected by the adverse effects of climate change?
 
Every country appearing before the Court has thirty minutes to argue its case. Fiji presented its submission on Wednesday December 4th (4.45am FJT on Thursday December 5th), following presentations by the United States and Russian Federation. Fiji’s submission emphasized the urgent and undeniable link between climate change and human rights, calling on states to honour their legal obligations to protect the most vulnerable.
 
The current case before the ICJ is likely to be a defining moment for the Court as it is likely to clarify the legal obligations of countries in relation to protecting the earth’s climate system.
 
These proceedings may well be the most important in our history. In recognition of this, high level dignitaries presenting at the hearings include Heads of State, Ministers, Attorney Generals and Ambassadors. Over the past three days, we have seen presentations from the Prime Minister of Antigua and Barbuda, Hon Gaston Browne; Attorney General of the Bahamas, Hon Leo Ryan Pinder; and Minister of Foreign Affairs of Colombia, HE Mr Luis Urrutia.
 
A number of Pacific Island States are also presenting their oral submissions at the public hearings, including Cook Islands, Marshall Islands, Solomon Islands, Papua New Guinea, Federated States of Micronesia, Nauru, Palau, Samoa, Tonga, and Tuvalu.
 
The hearings can be viewed live via the following link: https://icj-cij.org/multimedia-live-original