ICJ advisory opinion could be Pakistan’s legal lifeline

Pakistan has a special interest because it is so vulnerable to climate change

Pakistan, like many nations, finds itself caught in the relentless grip of climate change. Despite contributing less than 1% of global greenhouse gas emissions, the country is experiencing some of the worst climate disasters in recent memory— from catastrophic floods that displaced 33 million people in 2022 to extreme heatwaves and rising sea levels. While Pakistan’s emissions are negligible, its vulnerability to climate change is severe.

At the heart of this crisis lies a fundamental question: Who is responsible for protecting the planet, and what legal obligations do states have when they fail to do so? As the climate crisis escalates, an unexpected, yet pivotal, opportunity has emerged. The International Court of Justice (ICJ) is set to issue an advisory opinion on States’ obligations to address climate change, a request made by the United Nations General Assembly in March 2023.

For Pakistan, this opinion could serve as a legal lifeline; a clarifying moment in international law that might shift the balance of power in climate diplomacy, offering new avenues for justice, accountability, and reparations.

Pakistan, one of the most climate-vulnerable countries in the world, is no stranger to the devastation wrought by extreme weather. The 2022 floods were just the latest disaster in a string of climate-related events. A series of extreme weather phenomena; cyclones, droughts, heatwaves have become all too familiar.

Despite Pakistan’s small contribution to global emissions, it finds itself paying an outsized price for the actions (or inactions) of major polluters, such as the USA, China, and India. The United Nations’ climate science body, the Intergovernmental Panel on Climate Change (IPCC), continues to warn that the impacts of climate change will disproportionately affect the Global South, leaving countries like Pakistan with few resources to adapt, while the wealthier nations enjoy the benefits of industrialization.

The ICJ advisory opinion seeks to clarify states’ legal obligations under international law to protect the global climate system. The core question is simple: Should countries be held accountable for their role in the climate crisis? Specifically, the UN General Assembly wants the Court to assess the obligations of states under the UN Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and international human rights law.

As the ICJ’s advisory opinion draws nearer, the global community must recognize the significance of this moment. The court’s decision could become one of the most influential legal rulings of our time not just for the future of climate diplomacy, but for the future of the planet itself. For Pakistan, it represents a critical opportunity to demand justice for the communities bearing the brunt of climate change’s devastating effects.

At first glance, the ICJ’s opinion might seem like a legal technicality. However, its potential impact could be transformative. By providing a legal framework for accountability, the ICJ could open the door to climate justice for vulnerable countries like Pakistan. It could hold major emitters accountable for the harm they’ve caused— not only to the environment but to the livelihoods of millions.

For Pakistan, the ICJ advisory opinion isn’t just an academic exercise; it’s a matter of life and death. As floods, droughts, and heatwaves become more frequent and severe, Pakistan’s human and economic costs continue to mount. The 2022 floods alone caused $30 billion in damage; an amount that far exceeds the country’s annual GDP.

Pakistan has long been an advocate for climate justice, pushing for loss and damage compensation and greater financial assistance from wealthier nations. The ICJ’s opinion could serve as a legal foundation for these demands, giving Pakistan stronger grounds to demand financial reparations and technical support from high-emitting countries. It could also provide a pathway for the country to seek compensation for the damages it’s already suffering from the climate crisis.

The ICJ’s advisory opinion could lay the groundwork for a new era of climate accountability in international law. If the Court rules that states have legal obligations to prevent climate harm, countries like the USA, China, and India could be legally compelled to reduce emissions more aggressively or face potential legal challenges in international courts.

Pakistan has been vocal in its support for the advisory opinion, and rightly so. As one of the world’s most vulnerable nations, Pakistan is uniquely positioned to push for a broader interpretation of international law that links climate action to human rights. Climate inaction, Pakistan can argue, directly violates the rights to life, water, food, and health rights enshrined in international treaties and conventions.

The ICJ’s advisory opinion could become a cornerstone of international climate governance, reshaping how nations view their legal obligations in the face of climate change. For Pakistan, the opportunity is clear: the opinion could help drive a much-needed paradigm shift from reactive disaster management to proactive climate justice.

Rather than simply addressing the symptoms of climate change, the world would need to grapple with its root causes, including the historical emissions of industrialized nations and their role in creating the conditions for today’s climate crisis. By holding states accountable for the impacts of their carbon emissions, the ICJ could establish a new framework for global climate reparations, one that acknowledges both the ecological debt owed to countries like Pakistan and the need for solidarity in addressing a crisis that affects us all.

As the ICJ’s advisory opinion draws nearer, the global community must recognize the significance of this moment. The court’s decision could become one of the most influential legal rulings of our time not just for the future of climate diplomacy, but for the future of the planet itself. For Pakistan, it represents a critical opportunity to demand justice for the communities bearing the brunt of climate change’s devastating effects.

Pakistan has long been a champion of climate action, but now it needs more than words, it needs legal action. The ICJ’s opinion may be just the beginning of a new, more accountable era in global climate governance. The question is: will the world’s polluters heed the call?

Sarmad Iqbal
Sarmad Iqbal
The writer is an environmental lawyer and climate change campaigner

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