CLIMATE CHANGE: ‘We’re not asking major emitters to be generous; we’re demanding they meet their legal obligations’
CIVICUS discusses Vanuatu’s push for climate accountability with Vishal Prasad, Director of Pacific Islands Students Fighting Climate Change, a civil society organisation that mobilises Pacific young people to advance climate justice.
Vanuatu and a core group of states are pressing ahead with a United Nations General Assembly resolution calling on states to implement a landmark International Court of Justice (ICJ) advisory opinion on states’ climate obligations. The ICJ ruling was the result of years of campaigning spearheaded by Pacific Islands Students Fighting Climate Change. The vote on the resolution is scheduled to take place on 20 May, with powerful states including the USA expressing strong objections.
Why are small island states pushing this resolution forward?
For small island developing states like Vanuatu, the advisory opinion the ICJ issued in July 2025 reinforces what they have long demanded and provides a clear blueprint for climate action in line with states’ legal obligations. The United Nations General Assembly resolution, which Vanuatu introduced in February and is now pushing for states to co-sponsor, brings the advisory opinion back to the body that requested it and seeks to implement its findings.
This resolution is a chance for the world to recognise the legal consensus the ICJ provided and unite against the greatest threat to humanity by taking tangible steps towards meeting countries’ legal obligations. For SIDS, climate change is an existential threat. Pushing forward is not our choice; it’s a necessity. We are on the frontlines of climate catastrophe and demand accountability from those most responsible for that catastrophe. It’s with this urgency that we push for bold actions.
What does this resolution add to the ICJ advisory opinion?
When the Court handed down its opinion, it took the question of climate obligations out of the realm of political discretion and placed it firmly within the law. The ruling was unanimous. All 15 judges confirmed that states have an obligation to protect the shared climate system.
The advisory opinion creates an authoritative legal foundation that others can build on, in domestic courts, international negotiations and accountability mechanisms. Climate litigants around the world are already citing it. State delegations are already invoking it in multilateral spaces.
This resolution is a part of a broader push to implement the advisory opinion. It’s about transforming the advisory opinion from a legal document into a political mandate. It says that the international community has seen it, deliberated on it and committed to implementing it. And it gives small island states a platform to hold major emitters accountable in every forum where decisions are made.
What were the ICJ ruling’s key legal breakthroughs?
The ICJ’s ruling confirmed that states have legal obligations to protect the climate system. It specifically said that the Paris Agreement’s goal of keeping the global temperature rise below 1.5°C is non-negotiable, and state obligations extend beyond emissions targets to include fossil fuel production and subsidies. This is a major expansion of accountability.
The opinion also confirmed that state obligations derive from multiple sources of law, including climate law, environmental law, human rights law and customary international law. This creates a robust legal framework with no escape routes. Crucially, the Court stated that state obligations carry legal consequences, meaning breaches are not merely political failures but potential grounds for reparations.
By placing climate obligations within the law, the ICJ reframed climate action from voluntary charity to legal obligation. This matters for accountability because it establishes that states cannot simply opt out and violations have legal consequences.
How is civil society pushing states to vote in favour of the resolution?
Civil society is working for the legal consensus the ICJ provided to be understood and recognised by as many states as possible, in order to align politics with the law.
We urge states to stand for ambition, for the law and for climate justice by co-sponsoring the resolution and voting in favour. This crucial moment requires countries to do what’s right. Civil society is working across national capitals, multilateral forums and media to maintain pressure and visibility.
For civil society allies everywhere, this is a moment to double down and be more assertive. This resolution offers the perfect opportunity to demonstrate commitment and hold governments accountable to their legal obligations.
What other accountability mechanisms are needed?
One example of an accountability mechanism would be a reformed Loss and Damage Fund that is capable of meeting the scale of need by operating on assessed contributions based on historical emissions and capacity to pay, rather than on voluntary pledges. Voluntary contributions mean the states most responsible can pay as little as they choose, making accountability voluntary too. The ICJ’s opinion provides the legal argument to demand that countries fill the fund based on their legal obligations.
Domestic litigation is already one of the sharpest tools for accountability. Courts in Australia, Germany and the Netherlands have held governments accountable, using international legal standards. Each new judgment strengthens the pathway to accountability. As more domestic cases cite the ICJ advisory opinion, the legal pressure on states intensifies.
The bottom line is this: we are not asking major emitters to be generous; we are demanding they meet the legal obligations the ICJ confirmed they have. The framing has shifted from charity to accountability, and civil society’s job now is to ensure every negotiation, every court case and every political conversation reflects that shift.
CIVICUS interviews a wide range of civil society activists, experts and leaders to gather diverse perspectives on civil society action and current issues for publication on its CIVICUS Lens platform. The views expressed in interviews are the interviewees’ and do not necessarily reflect those of CIVICUS. Publication does not imply endorsement of interviewees or the organisations they represent.