'Huge Disappointment' at Climate Hearings: Global South Representative

As the climate change hearings at the International Court of Justice (ICJ) concluded on Friday, a representative from the Global South expressed "huge disappointment" at the attitudes of major polluting nations. She urged the court to make these countries legally accountable for their historic emissions, which have disproportionately impacted vulnerable nations.

The marathon hearings, which took place over the past 10 days, saw over 100 speakers—ranging from representatives of top economies like the United States, China, and India, to diplomats from small island nations severely affected by climate change.

In what many have described as a "David vs. Goliath" struggle, a stark division emerged between the world's biggest polluters and those suffering the brunt of climate change.

The Disappointment of Vulnerable Nations

Countries like the US, China, and India have urged the ICJ judges to refrain from going beyond the existing legal framework for combating climate change, particularly the United Nations Framework Convention on Climate Change (UNFCCC). However, smaller nations argue that this framework is insufficient to address the devastating effects of climate change.

Cristelle Pratt, a representative of 79 African, Caribbean, and Pacific nations, expressed her frustration at the lack of accountability from developed countries. "We cannot just rely on the climate treaties to address this global crisis," she stated. Pratt, who represents the Organisation of African, Caribbean, and Pacific States, emphasized the need to apply the full body of international law to this issue, focusing on equity and justice.

"Every human being on this planet has a right to live a worthwhile life," Pratt added, pointing out that many of the nations she represents are burdened with unsustainable debt.

Historic Responsibility for Climate Damage

The ICJ's 15-judge panel has been tasked with providing an advisory opinion on two key questions:

1. What legal obligations do nations have to prevent climate change?
2. What are the legal consequences for countries whose emissions have harmed the environment, especially that of developing states?

It is on the second question that many vulnerable countries are hoping for clarity. They seek to hold historic emitters—especially colonial powers—accountable for the damage caused by centuries of pollution.

“We do need to look at historical responsibilities,” said Pratt, “and hold those emitters to account.”

While the ICJ’s advisory opinion is non-binding, it carries significant weight in international law and could have far-reaching implications for future climate policy. Nikki Reisch, Director of the climate and energy program at the Center for International Environmental Law, stated that the opinion could break through the impunity that has allowed major polluters to avoid responsibility for decades.

"This is not just about paying compensation for the mounting costs of climate change. It’s about structural reforms, debt cancellation, and ecosystem restoration," Reisch added.

The Economic Disparity and Insufficient Pledges

Pratt pointed out the stark economic disparity between the nations she represents and the top polluters. Countries with a population of 1.3 billion produce just 3% of global emissions, yet they are the ones who are most vulnerable to climate change.

Despite COP29 pledges from wealthy nations to raise $300 billion per year by 2035 to support poorer countries in transitioning to clean energy, Pratt described these commitments as "insignificant."

“The pledges are really quite insignificant,” she remarked, noting that they fall far short of what is required to help nations adapt to the growing threats posed by climate change.

A Life-and-Death Issue for Vulnerable Nations

Representatives from small island states, often dressed in their traditional attire, shared heartbreaking stories of the devastation their communities face due to climate change. Reisch stressed that the hearings have highlighted the life-or-death consequences for many nations, particularly those facing rising sea levels, extreme weather events, and other climate-induced challenges.

"This is a matter of life and death for so many people," Reisch said, underscoring the urgent need for global accountability and meaningful action in the fight against climate change.

As the ICJ prepares to issue its advisory opinion in the coming months, the world will be watching closely to see whether it will hold major polluting nations accountable and push for a more equitable and sustainable approach to addressing the climate crisis.