Vanuatu Statement On The Remarks Of US And Australia At Landmark ICJ Climate Case

Statement from Ralph Regenvanu, Special Envoy for Climate Change and Environment for The Republic of Vanuatu
The Hague (4 December, 2024)

“Today, as sea levels rise and the impacts of climate change intensify, we cannot afford to bury our heads in the sand. Climate change is an existential threat that transcends borders, affecting all nations regardless of political ideology or geographic location.

“We are obviously disappointed by the statements made by the governments of Australia, the United States, Saudi Arabia, and China during the ICJ proceedings. These nations, some of the world’s largest greenhouse gas emitters, have pointed to existing treaties and commitments that have regrettably failed to motivate substantial reductions in emissions.

“Let me be clear: these treaties are essential, but they cannot be a veil for inaction or a substitute for legal accountability. There needs to be an accounting for the failure to curb emissions and the climate change impacts and human rights violation that failure has generated.

“It is particularly concerning that some of these nations, upon whom we depend for aid and support, have not acknowledged the severity of the crisis or their responsibilities under international law. Our dependency on their assistance makes it all the more critical for them to act responsibly and in solidarity with vulnerable nations like ours.

“As we have argued before the Court, the conduct responsible for climate change is not just irresponsible—it is unlawful under a range of international obligations, including those under the law of the sea, human rights law, and environmental law. The destruction of Earth’s climate system constitutes an ongoing breach of international law, and it demands immediate legal recognition and cooperative measures to turn the tides, repair the harm, and protect our futures from further destruction.

“We hold hope that our former colonial powers, including France and the United Kingdom, will recognize the gravity of this moment and support our continued self-determination. Their support in the coming days could significantly affirm their commitment to solidarity, justice, and the rule of law.

“Our appeal is to all nations, especially those with the greatest capacity and historical responsibility, to align their actions with the principles of international law and the urgent needs of our shared planet. No country can afford to keep its head in the sand any longer. The time for decisive, legally grounded action is now."

BACKGROUND

On December 2, 2024, the International Court of Justice (ICJ) began hearing testimony from more than 100 nations and international nongovernmental organizations in its largest case ever. The first day of testimony featured a delegation from Vanuatu, the Pacific Island State that initiated the request for the advisory opinion from the ICJ, along with the Melanesian Spearhead Group.

A total of 93 oral statements will be given by States, including a joint statement by five Nordic States, and 9 will be given from intergovernmental organizations including the European Union and the World Health Organization. The Organization of the Petroleum Exporting Countries (OPEC) had requested an opportunity to present an oral statement but then cancelled its appearance this week.

The ICJ case, led at the State-level by Vanuatu, seeks to clarify the legal obligations of States to combat climate change and protect vulnerable communities.

For decades, Pacific Island States have experienced devastating impacts of climate change, including increasingly severe cyclones, rising sea levels and land degradation. These disasters have displaced communities, threatened livelihoods and eroded local economies.

Vanuatu is bringing attention to the link between environmental degradation and fundamental human rights, including the right to self-determination. The nation has negligible global greenhouse gas emissions yet suffers disproportionately from climate impacts. Global emissions continue to rise, threatening the existence of peoples around the world.

The UN climate change talks (COP29) in Azerbaijan concluded without meaningful progress on cutting emissions, and historical emitters continue to refuse to accept responsibility for compensating climate-vulnerable nations for the losses and damages they have caused. Vanuatu looks to the ICJ and its advisory opinion to establish and clarify the very critical obligations and consequences for climate harm, providing a foundation for accountability and redress for communities and peoples already suffering losses and damages.

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