Australia, Climate Justice & The ICJ Landmark Climate Ruling

The International Court of Justice (ICJ) in The Hague issued a landmark advisory opinion on 23 July 2025, clarifying States’ legal obligations under international law to address climate change. This historic case was initiated by the Pacific Island State of Vanuatu in September 2021, inspired by youth activists demanding urgent climate action. After lobbying other UN Member States, the UN General Assembly adopted a resolution in March 2023 requesting the ICJ’s advisory opinion on two key questions: what are States’ obligations under international law to protect the environment, and what are the legal consequences when States cause environmental harm? This became the largest case ever before the ICJ, with 91 written statements and 97 States participating in oral proceedings. The Court ruled that States must act with due diligence and cooperation to limit global warming to 1.5°C, as per the Paris Agreement, and that failure to meet these obligations could lead to legal responsibility, including reparations. While advisory and non-binding, the opinion carries significant legal and moral authority, setting a powerful precedent for climate justice worldwide, including in Australia. Read more on Anglican Focus »

ICJ’s Legal Findings: States’ Obligations and Responsibilities

The ICJ’s advisory opinion comprehensively outlines the legal framework governing States’ duties to combat climate change:

• States party to treaties like the UN Framework Convention on Climate Change (UNFCCC), Kyoto Protocol, and Paris Agreement have binding obligations to mitigate greenhouse gas emissions and adapt to climate impacts.
• Developed countries (Annex I States) bear additional responsibility to lead emissions reductions.
• States must cooperate in good faith and regulate private actors within their jurisdiction to prevent harm.
• Obligations extend to other environmental treaties and the United Nations Convention on the Law of the Sea.
• International human rights law requires States to protect the right to a clean, healthy, and sustainable environment, essential for the enjoyment of other human rights.

The Court emphasized that failure to meet these obligations constitutes an internationally wrongful act, triggering State responsibility. This includes ceasing wrongful conduct, providing assurances against repetition, and making full reparations where harm and causation are established.

“Failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions — including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies — may constitute an internationally wrongful act which is attributable to that State.” — ICJ Advisory Opinion, 2025

Contrasting Australia’s Federal Court Decision on Torres Strait Islanders

While the ICJ sets a global legal standard, Australia’s Federal Court recently delivered a contrasting judgment in Pabai v Commonwealth of Australia (No 2) [2025] FCA 796. The Court acknowledged the severe climate threats facing the Torres Strait Islander peoples but found no legal duty of care on the Commonwealth to act. It emphasized that climate policy is a core government responsibility involving complex political and social considerations, which courts are ill-equipped to adjudicate.

This highlights the gap between international legal expectations and domestic legal frameworks, especially regarding Indigenous communities on the climate frontline. The Torres Strait Islanders’ spiritual connection to their land — Ailan Kastom — underscores the cultural and existential stakes of climate inaction.

For a detailed reflection on this case visit our recent story, The Good News Blog.

Faith, Justice, and Moving Forward

Both rulings call on us — as people of faith and conscience — to advocate for justice, stewardship, and solidarity with vulnerable communities. The ICJ opinion affirms the moral and legal imperative to protect creation and future generations. The Australian case challenges us to push for stronger political will and legal reforms that align with science and Indigenous rights.

Prayer for Climate Justice

God of all creation,
You call us to care for the Earth and all its peoples.
Grant wisdom to our leaders and courage to your people.
May justice flow like a river, and mercy like an ever-flowing stream.
Help us to protect the vulnerable and honor the sacredness of all life.
Amen.

This advisory opinion is the largest ever before the ICJ, with unprecedented global participation. It provides a comprehensive legal framework to hold States accountable for climate action and supports reparations claims by vulnerable States. Though non-binding, it carries immense moral and political weight, guiding global efforts to address the climate crisis.

Further Reading & Resources

Anglican Focus: ICJ Climate Ruling The Good News Blog: Torres Strait Islands Climate Case Full ICJ Advisory Opinion PDF Reuters: UN Court Says Treaties Compel Wealthy Nations United Nations: ICJ Climate Opinion Summary