International Court of Justice (ICJ) ( UPSC Prelims)

News Context

 ● ICJ issued a significant ruling on global duties regarding climate action, with a focus on safeguarding vulnerable Small Island Developing States (SIDS), spearheaded by Vanuatu, a Pacific Island nation.  
  ● SIDS consist of a unique group of 39 States and 18 Associate Members of UN regional commissions, confronting distinct social, economic, and environmental challenges.  
        ○ They were acknowledged as a special case concerning both their environment and development at the 1992 UN Conference on Environment and Development in Rio de Janeiro, Brazil.

Key Highlights of ICJ Ruling

 ● Clean, Healthy, and Sustainable Environment as Human Rights:  
        ○ States are obligated by treaties such as the Universal Declaration of Human Rights to address climate change in order to safeguard these rights.
  ● States' Obligation to Limit Emissions:  
        ○ States are required to prevent damage from greenhouse gas (GHG) emissions and ensure compliance with the Paris Agreement goal of restricting global warming to 1.5°C above pre-industrial levels.
  ● Consequences for Non-Compliance:  
        ○ Failure to meet these obligations results in states incurring legal responsibility and potentially being mandated to halt the wrongful actions.

International Court of Justice (ICJ)

 ● Genesis: Established in 1945 as the primary judicial entity of the United Nations.  
  ● Key Function:  
        ○ Resolves disputes between nations.
        ○ Offers advisory opinions on legal issues referred by other authorized UN bodies.
  ● Limitation:  
        ○ Can only adjudicate cases when requested by states.
  ● Composition:  
        ○ Comprises 15 judges elected for nine-year terms by the UN General Assembly and Security Council.
        ○ Judges operate independently, not as representatives of their governments.
  ● Relevance:  
        ○ Referred to as the "World Court," the International Court of Justice (ICJ) is the sole international court for settling disputes among the 193 UN member states.
        ○ In 2023, the UN General Assembly passed a resolution asking the ICJ to provide an advisory opinion on:
          ○ States' obligations under international law to safeguard the environment.
          ○ Legal repercussions for not fulfilling these obligations.