The United Nations‘s top court issued a nonbinding declaration Wednesday that countries are obligated to take action against climate change. If states fail to take measures to mitigate climate change, the International Court of Justice says they could be in violation of international law.
The opinion was issued after the General Assembly sought the ICJ’s advice on two questions: First, what are the obligations of states under international law to fight climate change? Second, what are the legal consequences for states that cause significant harm to the environment?
The court unanimously agreed that states have obligations under both specific climate agreements and general international human rights law to mitigate their negative effect on the environment. A state found in violation would be required to cease the actions determined to be harming the climate and pay reparations to the states most affected.
The Trump administration has rejected the authority of international courts. In February, the United States issued sanctions against the International Criminal Court, the ICJ’s sister court, for anti-U.S. bias and antisemitic behavior.
The White House stated, “The United States unequivocally opposes and expects our allies to oppose any ICC actions against the United States, Israel, or any other ally of the United States that has not consented to ICC jurisdiction.”
President Donald Trump also issued an executive order at the beginning of his second term that withdrew the U.S. from the Paris Climate Agreement. The White House said the agreement did “not reflect our country’s values or our contributions to the pursuit of economic and environmental objectives.”
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U.N. Secretary-General Antonio Guterres criticized the Trump administration in a recent interview with the Associated Press. Regarding the U.N.’s efforts against climate change, Guterres said, “Obviously, the [Trump] administration in itself is an obstacle.”
The Trump administration has worked to encourage coal, oil, and nuclear energy development while slowing the construction of wind and solar energy infrastructure. The president has said, “We don’t want wind and we don’t want solar because they’re a blight on our country.”