Greenpeace submits brief to the International Court of Justice on the Obligations of States Regarding Climate Change

Greenpeace’s submission is grounded in international law, scientific evidence, and testimonies from affected communities worldwide. These include testimonies from people in the Pacific, typhoon survivors in the Philippines, women in Mexico who had to relocate due to climate change, Saami Indigenous Youth, Senior Women in Switzerland and community activists in South Africa.

These testimonies underscore the urgent need for global action to mitigate climate change and protect the rights and well-being of impacted communities worldwide.

The Court has been asked to give an opinion on two questions and here are Greenpeace’s key answers:

On the question regarding the Obligations of States, we submit that:

  1. States are obligated to refrain from actions leading to the extinction of other States.
  2. They must respect, protect, and fulfill the human rights of present and future generations.
  3. States must not allow their territories to be used in a way that infringes upon the rights of other States.
  4. States regulate business enterprises to prevent harm to other individuals, States and future generations.

On the question regarding the Consequences of States, we submit that:

  1. States committing internationally wrongful acts against the climate system must provide full reparations to affected States.
  2. States must cease actions contributing to the extinction of Small Island States (SIDS) and other low-lying States and offer guarantees against repetition.
  3. States causing significant climate harm must provide full reparations to affected parties.