Kenya’s government has welcomed an advisory opinion of the International Court of Justice (ICJ) on the obligations of states in respect of climate change, which the court issued on Wednesday, July 23.
The ICJ said that climate change treaties set forth binding obligations for parties
to ensure the protection of the climate system and other parts of the environment from anthropogenic
greenhouse gas emissions.
It added that customary international law sets forth obligations for states to ensure the
protection of the climate system and other parts of the environment from anthropogenic greenhouse
gas emissions.
It also said countries that are party to the Vienna Convention for the Protection of the Ozone
Layer and similar treaties have obligations to ensure the protection of the climate system and
other parts of the environment from anthropogenic greenhouse gas emissions.
The ICJ’s advisory opinion had been sought by the UN General Assembly in 2023 on the obligations of countries to protect the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for states and for present and future generations.
Kenyan principal secretary for foreign affairs Korir Sing’Oei said the “opinion clarifies the status of climate change-related obligations, the meaning of due diligence in adaptation/mitigation, impact of sea-level rise on statehood and ways in which fossil fuel-related activities might constitute an internationally wrongful act”.
“While its pronouncement on attribution, responsibility and reparation may be faulted, it is clear this opinion is a shot in the arm of the search for coherent and sustainable climate action in the face of the existential threat the world faces consequent upon climate change.”
“Kenya was enjoined to these proceedings as amici and are proud that our submissions ably prosecuted by a team led by Prof Phoebe Okowa edified the court’s views. Kenya will continue working with all countries in the furtherance of set targets to mitigate global warming.”
What is an ICJ advisory opinion?
An advisory opinion is legal advice the court provides to the United Nations and its specialized agencies in accordance with Article 96 of the UN Charter.
The ICJ says advisory proceedings before the court are only open to five UN organs and 16 specialized agencies or affiliated organisations.
The UN General Assembly and the UN Security Council may request advisory opinions on “any legal matter” , but other organs and specialized agencies can only request them on legal questions arising within the scope of their activities.
On its website, the ICJ has listed the UN organs that are authorised to seek advisory opinions.
In 2023, the court published a note for countries and international organisations on the procedure it follows in advisory proceedings.
The ICJ’s advisory opinions are not binding, but may “carry great legal weight and moral authority”, according to the court.
Advisory opinions can also contribute to the development of international law.
