Rising Tides, Rising Voices: Why the ICJ Must Address and Uphold Climate Mobility Justice

This short piece by Vanuatu’s Head of Delegation for COP 29 explains why the forthcoming International Court of Justice’s Advisory Opinion on State responsibility and climate change must address States’ obligations regarding climate mobility. Delivered originally as a speech on November 14th in Baku at the COP 29 Pacific Youth “Rising Tides, Rising Voices” event, the piece highlights the potential of the International Court of Justice’s Advisory Opinion to open a needed pathway for clarifying and advancing international law on climate mobility – including both internal and cross-border displacement. The petition, brought by Vanuatu, was approved by the UN General Assembly in 2023. Oral hearings begin on December 2, 2024.
Published on November 2, 2024
Abraham Nasak | all, IDPs, Refugees, Climate, Law/Policy, International, Human Rights Law
Baofatu, Shefa Province, Vanuatu. Photo: In Memorandum: Phillip Capper CC BY 2.0

Vanuatu. Baofatu, Shefa Province. 2006 In Memorandum: Phillip Capper CC BY 2.0

Good afternoon, Honourable Ministers and Esteemed Guests.

I am deeply honoured to join you today for this pivotal session on Climate Mobility Youth Day as part of COP29. The theme of this event, “Rising Tides, Rising Voices”, captures the essence and urgency of our mission: to uplift the voices of Pacific youth, who stand at the very frontlines of the climate crisis, with futures closely bound to the rising tides endangering our homelands.

The timing of this event is particularly significant. On December 2, 2024, the International Court of Justice will begin oral hearings on the advisory opinion regarding States’ obligations concerning climate change. This historic moment presents an unprecedented chance to influence international law in a way that, we hope, reflects the unique and urgent needs of the world’s most vulnerable, especially the youth and communities of the Pacific. We already know that a significant number of States participating in the advisory proceedings are concerned with climate mobility and seek clarity from the Court on obligations relating to climate mobility resulting from climate change, underscoring mobility’s essential role in the broader discourse on climate justice.

A strong advisory opinion from the Court has the potential to go beyond simply legal interpretation of States’ obligations under the various international laws relevant to climate change. Through clarification of the applicable obligations and relevant legal consequences, the ICJ’s advisory opinion can help open a path for further advances in how we address and respond to climate mobility – an area where so much remains unaddressed. Over one hundred States and organizations are expected to deliver oral submissions, and we hope that many will highlight to the Court the relationship between climate change and climate displacement and the forced movement of persons – climate migration and voluntary movement of persons, planned relocations, and how legal obligations and consequences require States to address these aspects of climate change.

The Pacific youth bring an authentic narrative of resilience and urgency to the impacts of climate change generally and, more specifically, related to climate mobility. They can speak to the loss of cultural identities and livelihoods that are inseparable from their lands and seas. But their ability to have their voices heard by the Court is limited. It is up to States to ensure that their voices can be heard in the proceedings, either by giving them space in their delegations and time to address the Court or ensuring that their advocacy is reflected in national statements.

Why is it crucial to integrate climate mobility into these proceedings? Let me briefly highlight several reasons.

First, climate mobility is partially preventable. While some climate-induced displacements are inevitable, many of the drivers can still be mitigated. By addressing these drivers now, we can lessen the pressures pushing communities from their homes, helping preserve stability for future generations.

Second, climate mobility is a direct impact of climate change that we need to articulate to the Court in relation to the obligations under consideration. Though this connection may seem apparent, it is often overlooked. For instance, as sea levels rise, arable land diminishes, jeopardizing food security and consequently driving migration. Recognizing these interconnected and compounding impacts is essential.

Third, climate mobility touches on many areas of international law. It’s not just one issue; it involves a network of obligations across different sources of international law. How breaches of these obligations contribute to the drivers of climate migration is also essential for us to articulate to the Court to connect these impacts to States’ responsibilities.

Fourth, climate mobility resonates deeply with climate justice, calling on States to empower communities to build resilience and adapt where they are. A strong opinion from the ICJ clarifying States’ obligations concerning climate change generally, and hopefully also with specific reference to aspects of climate mobility, could drive more ambitious climate action, unlocking critical climate finance and compensation for loss and damage, whether through the new Fund for Responding to Loss and Damage or other mechanisms, thereby providing meaningful support to communities striving to remain in their homelands.

Lastly, there is an intergenerational duty – a responsibility to both present and future generations. While this may seem ambitious, we need innovative, progressive, and bold responses to climate-induced inhabitability. As climate change forces people to move within and across borders, States must ensure that future generations are not left without choices or support.

Let us remember that our journey is about more than adaptation and survival. It is about ensuring the right of Pacific youth – and all young people – to grow, thrive, and build futures rooted in justice, equity, and, most importantly, dignity. Together, let us keep raising our voices, advocating for our rights, and pursuing meaningful change on the Road to The Hague.

Thank you all for your work, for the insights you share, and for your commitment to climate justice.

Thank you— tankiu tumas.

 

Mr. Abraham Nasak serves as Vanuatu’s Acting Director General of the Ministry of Climate Change Adaptation, Meteorology, Geo-Hazards, Environment, Energy and Disaster Management. He was the Head of Delegation for Vanuatu at COP29.

 

KEYWORDS: ICJ, Advisory Opinion, Climate Change, Displacement, Mobility, Vanuatu

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