After years of Vanuatu's campaign on the front line in the face of the devastation of global warming, the UN General Assembly on Wednesday March 29 adopted to applause a "historic" resolution aimed at having international justice clarify the
"
obligations
"
of States in the fight against climate change.
With the adoption by consensus of this resolution co-sponsored by more than 130 States, the International Court of Justice (ICJ) will have to answer the question of the "obligations
incumbent on States
" in the protection of the climate system, "
for generations present and future
”.
"
An unprecedented challenge of civilizational scope
", insists the text.
Together you write history.
Antonio Guterres, UN Secretary General
"
Together, you are writing history
," UN Secretary General Antonio Guterres said from the podium, believing that even non-binding, the future opinion of the United Nations judicial body could help world leaders to “
take the braver and stronger climate action the world so desperately needs
”.
It is "
a clear and strong message not only around the world but also far into the future, that on this day, the peoples of the United Nations (...) have decided to put aside their differences and work together to tackling the main challenge of our time, climate change
”, declared the Prime Minister of Vanuatu, Ishmael Kalsakau, whose archipelago has just been devastated by two powerful cyclones in a few days.
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The most significant global breakthrough since the Paris Agreement.
Shaina Sadai, member of the Union for Concerned Scientists think tank
The Vanuatu government launched this "
historic initiative
" in 2021, after a campaign initiated by students at a university in Fiji two years earlier.
A week ago, UN climate experts (IPCC) again warned that global warming should reach the threshold of +1.5°C compared to the pre-industrial era by 2030-2035, the most ambition of the Paris Agreement.
A stark reminder of the urgency to act radically during this decade to ensure a “
liveable future
” for humanity.
While States' national commitments to reduce greenhouse gas emissions under the Paris Agreement are non-binding, the resolution highlights the importance of other international texts,
“
This resolution puts human rights and intergenerational equity in climate change at the center, two key elements generally absent from the dominant discourse
”, commented to AFP Shaina Sadai, of the think tank Union for Concerned Scientists. , as the European Court of Human Rights holds a hearing on a first climate action against States, France and Switzerland.
Read alsoAgricultural France on the front line in the face of climate change
“
Describing (the resolution) as the most significant global breakthrough since the Paris agreement seems accurate
,” she added, describing it as an “
incredibly important step
” including as a “
guide
” for the courts. nationals around the world increasingly seized of appeals against States.
Even if the opinions of the ICJ, the judicial body of the UN, are not binding, they carry an important legal and moral weight, often taken into account by national courts.
It was an opportunity to do something bigger than us, bigger than our fears.
Cynthia Houniuhi, president of the NGO “Pacific Islands Students Fighting Climate Change”
Vanuatu and its supporters therefore hope that the future opinion, expected within about two years, will encourage governments to accelerate their action, either by themselves or through legal action against States.
However, this enthusiasm is not unanimous.
“
I don't see what the Court could say that would be useful.
On the other hand, I see scenarios where this request would be counterproductive
,” Benoît Mayer, a specialist in international law at the Chinese University of Hong Kong, told AFP.
He even mentions a risk of a “
catastrophic scenario
”, with an opinion from the ICJ “
clear and precise but contrary to what the supporters of the request wanted
”.
The resolution also refers to the “
actions
” of States responsible for global warming and their “
obligations
” towards small island States as well as the peoples of today and tomorrow.
The arrival of this resolution at the General Assembly is also a moment of great emotion for the young people of the Pacific behind the initiative.
"
It was an opportunity to do something bigger than us, bigger than our fears, something important for future generations,
" said Cynthia Houniuhi, now president of the NGO Pacific Islands Students Fighting Climate Change. .
"
I want to be able to show a picture of my island to my child one day
",
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