World court ruling fuels PHL climate accountability push

By Francis Allan L. Angelo

The International Court of Justice (ICJ) delivered a historic advisory opinion on July 24, declaring that states have legal obligations under international law to address climate change—an unprecedented move hailed across Asia as a breakthrough for vulnerable nations like the Philippines.

In a unanimous opinion requested by the United Nations General Assembly in 2023 and spearheaded by Vanuatu, the world’s highest court ruled that failure to act on greenhouse gas emissions may constitute an internationally wrongful act.

The opinion affirms that both countries and companies must rapidly reduce emissions and compensate vulnerable communities harmed by climate impacts—shifting international climate law from voluntary action to enforceable obligations.

Climate advocates in the Philippines and across Asia celebrated the ruling as a turning point.

“The ICJ has now unequivocally declared that climate inaction is not just immoral—it is unlawful,” said Gerry Arances, executive director of the Center for Energy, Ecology, and Development (CEED), in a statement.

“This Advisory Opinion is a profound affirmation of what climate-vulnerable communities have long been demanding: the end of fossil fuel production, stronger emissions reduction, and serious climate finance.”

CEED urged the Philippine government to reflect these legal obligations by phasing out coal, withdrawing support for the gas industry, and strengthening the country’s Nationally Determined Contributions (NDCs).

The opinion also highlighted that climate obligations must be pursued with “due diligence” and “highest possible ambition” under the Paris Agreement, limiting states’ discretion in setting emissions targets.

“Continued fossil fuel expansion—while our communities drown and swelter—is not only dangerous. It is increasingly illegal under international law,” Arances added.

The Institute for Climate and Sustainable Cities (ICSC) stressed that the opinion reaffirms that all states must protect ecosystems, prevent foreseeable harm, and contribute to global climate efforts based on their capacities.

“The opinion provides fresh grounds for countries like the Philippines to demand climate finance at the scale of the challenge,” said ICSCExecutive Director is Angelo Kairos dela Cruz

“Developed countries must be held accountable for the disproportionate impacts of their emissions, while climate finance should extend beyond adaptation toward protection from risks.”

Dela Cruz noted that while historical polluters must bear the brunt of responsibility, developing countries like the Philippines must also account for mobilized resources and show climate action leadership.

Greenpeace Philippines said the ruling should embolden governments to hold polluters accountable.

“The Marcos administration now has the legal and moral power to make fossil fuel giants pay for the damage they’ve done,” said Greenpeace campaigner Marian Ledesma.

“This is the beginning of a new era of climate accountability.”

Greenpeace called on President Ferdinand Marcos Jr. to lead global litigation efforts against big oil and gas firms, implement a Climate Damages Tax, fast-track the Climate Accountability (CLIMA) Bill, and commit to a full fossil fuel phaseout.

The group also staged a protest in flood-hit communities in Metro Manila to underscore the urgency of climate reparations.

The ICJ emphasized that environmental harm caused by emissions, regardless of where it occurs, must be regulated by states—and that the right to a clean, healthy, and sustainable environment is fundamental to all other human rights.

Judge Iwasawa Yuji of Japan stated, “Climate change is a concern of planetary proportions that imperils all forms of life.”

Asian lawmakers and legal experts welcomed the ruling as a powerful tool to advance climate justice and domestic policy.

“This decision should empower parliaments to pass strong laws to hold polluters liable and push governments to act,” said YB Charles Santiago, a former Malaysian lawmaker and member of the Asia Parliamentarians for Climate Action.

Filipino environmental lawyer Grizelda “Gerthie” Mayo-Anda said the ruling “gives teeth to legal efforts in the Philippines” to challenge fossil fuel permits and push for stronger enforcement of environmental laws.

Nicole Ponce, a Filipino youth advocate and climate campaigner, said the ruling validates years of grassroots efforts.

“This is proof that people power—from students in the Pacific to communities across Asia—can reshape global law and justice,” Ponce said.

While nonbinding, the opinion is grounded in binding international law and is expected to influence national courts, catalyze lawsuits against corporations, and reinforce calls for emissions cuts and reparations.

The case itself began as a student-led initiative from the University of the South Pacific, later endorsed by more than 130 countries and 1,500 civil society groups.

With climate impacts intensifying across the Philippines—costing billions in damages and displacing thousands—advocates see the ruling as a long-awaited legal backbone for demanding accountability and reparations.

According to the Climate Change Commission, the Philippines loses an average of PHP 200 billion annually due to climate-related disasters, disproportionately affecting the poorest communities.

“The ICJ’s ruling is not just a legal milestone—it is a moral mandate,” said Ledesma. “Now is the time for bold action and justice.”