Vanuatu’s Minister of Climate Change Adaptation, Ralph Regenvanu, has welcomed the historic International Court of Justice (ICJ) climate ruling, calling it a “milestone in the fight for climate justice”.
The ICJ has delivered a landmark advisory opinion on states’ obligations under international law to act on climate change.
The ruling marks a major shift in the global push for climate justice.
Vanuatu — one of the nations behind the campaign — has pledged to take the decision back to the UN General Assembly (UNGA) to seek a resolution supporting its full implementation.
Climate Change Minister Regenvanu said in a statement: “We now have a common foundation based on the rule of law, releasing us from the limitations of individual nations’ political interests that have dominated climate action.
“This moment will drive stronger action and accountability to protect our planet and peoples.”
The ICJ confirmed that state responsibilities extend beyond voluntary commitments under the UNFCCC and Paris Agreement.
It ruled that customary international law also requires states to prevent environmental and transboundary harm, protect human rights, and cooperate to address climate change impacts.
Duties apply to all states These duties apply to all states, whether or not they have ratified specific climate treaties.
Violations of these obligations carry legal consequences. The ICJ clarified that climate damage can be scientifically traced to specific polluter states whose actions or inaction cause harm.
As a result, those states could be required to stop harmful activities, regulate private sector emissions, end fossil fuel subsidies, and provide reparations to affected states and individuals.
“The implementation of this decision will set a new status quo and the structural change required to give our current and future generations hope for a healthy planet and sustainable future,” Minister Regenvanu added.
He said high-emitting nations, especially those with a history of emissions, must be held accountable.
Despite continued fossil fuel expansion and weakening global ambition — compounded by the United States’ withdrawal from the Paris Agreement — Regenvanu said the ICJ ruling was a powerful tool for campaigners, lawyers, and governments.
“Vanuatu is proud and honoured to have spearheaded this initiative,” he said.
‘Powerful testament’ “The number of states and civil society actors that have joined this cause is a powerful testament to the leadership of Small Island Developing States (SIDS) and youth activists.”
The court’s decision follows a resolution adopted by consensus at the UNGA on 29 March 2023. That campaign was initiated by the Pacific Island Students Fighting Climate Change and backed by the Vanuatu government, calling for greater accountability from high-emitting countries.
The ruling will now be taken to the UNGA in September and is expected to be a central topic at COP30 in Brazil this November.
Vanuatu has committed to working with other nations to turn this legal outcome into coordinated action through diplomacy, policy, litigation, and international cooperation.
“This is just the beginning,” Regenvanu said. “Success will depend on what happens next. We look forward to working with global partners to ensure this becomes a true turning point for climate justice.”
Republished from the Vanuatu Daily Post with permission.
The International Court of Justice (ICJ) delivers its historic climate ruling in The Hague on Tuesday. Image: VDP
The United Nations’ highest court has found that countries can be held legally responsible for their greenhouse gas emissions, in a ruling highly anticipated by Pacific countries long frustrated with the pace of global action to address climate change.
In a landmark opinion delivered yesterday in The Hague, the president of the International Court of Justice, Yuji Iwasawa, said climate change was an “urgent and existential threat” that was “unequivocally” caused by human activity with consequences and effects that crossed borders.
They were frustrated at what they saw was a lack of action to address the climate crisis, and saw current mechanisms to address it as woefully inadequate.
Their idea was backed by the government of Vanuatu, which convinced the UN General Assembly to seek the court’s advisory opinion on what countries’ obligations are under international law.
The court’s 15 judges were asked to provide an opinion on two questions: What are countries obliged to do under existing international law to protect the climate and environment, and, second, what are the legal consequences for governments when their acts — or lack of action — have significantly harmed the climate and environment?
The International Court of Justice in The Hague yesterday . . . landmark non-binding rulings on the climate crisis. Image: X/@CIJ_ICJ
Overnight, reading a summary that took nearly two hours to deliver, Iwasawa said states had clear obligations under international law, and that countries — and, by extension, individuals and companies within those countries — were required to curb emissions.
Iwasawa said the environment and human rights obligations set out in international law did indeed apply to climate change.
‘Precondition for human rights’ “The protection of the environment is a precondition for the enjoyment of human rights,” he said, adding that sea-level rise, desertification, drought and natural disasters “may significantly impair certain human rights, including the right to life”.
To reach its conclusion, judges waded through tens of thousands of pages of written submissions and heard two weeks of oral arguments in what the court said was the ICJ’s largest-ever case, with more than 100 countries and international organisations providing testimony.
They also examined the entire corpus of international law — including human rights conventions, the law of the sea, the Paris climate agreement and many others — to determine whether countries have a human rights obligation to address climate change.
The president of the International Court of Justice (ICJ), Yuji Iwasawa, delivering the landmark rulings on climate change. Image: X/@CIJ_ICJ
Major powers and emitters, like the United States and China, had argued in their testimonies that existing UN agreements, such as the Paris climate accord, were sufficient to address climate change.
But the court found that states’ obligations extended beyond climate treaties, instead to many other areas of international law, such as human rights law, environmental law, and laws around restricting cross-border harm.
Significantly for many Pacific countries, the court also provided an opinion on what would happen if sea levels rose to such a level that some states were lost altogether.
“Once a state is established, the disappearance of one of its constituent elements would not necessarily entail the loss of its statehood.”
Significant legal weight The ICJ’s opinion is legally non-binding. But even so, advocates say it carries significant legal and political weight that cannot be ignored, potentially opening the floodgates for climate litigation and claims for compensation or reparations for climate-related loss and damage.
Individuals and groups could bring lawsuits against their own countries for failing to comply with the court’s opinion, and states could also return to the International Court of Justice to hold each other to account.
The opinion would also be a powerful precedent for legislators and judges to call on as they tackle questions related to the climate crisis, and give small countries greater weight in negotiations over future COP agreements and other climate mechanisms.
Outside the court, several dozen climate activists, from both the Netherlands and abroad, had gathered on a square as cyclists and trams rumbled by on the summer afternoon. Among them was Siaosi Vaikune, a Tongan who was among those original students to hatch the idea for the challenge.
“Everyone has been waiting for this moment,” he said. “It’s been six years of campaigning.
“Frontline communities have demanded justice again and again,” Vaikune said. “And this is another step towards that justice.”
Vanuatu’s Climate Change Minister Ralph Regenvanu (cenbtre) speaks to the media after the International Court of Justice (ICJ) rulings on climate change in The Hague yesterday. Image: X/CIJ_ICJ
‘It gives hope’ Vanuatu’s Climate Minister Ralph Regenvanu said the ruling was better than he expected and he was emotional about the result.
“The most pleasing aspect is [the ruling] was so strong in the current context where climate action and policy seems to be going backwards,” Regenvanu told RNZ Pacific.
“It gives such hope to the youth, because they were the ones who pushed this.
“I think it will regenerate an entire new generation of youth activists to push their governments for a better future for themselves.”
Regenvanu said the result showed the power of multilateralism.
“There was a point in time where everyone could compromise to agree to have this case heard here, and then here again, we see the court with the judges from all different countries of the world all unanimously agreeing on such a strong opinion, it gives you hope for multilateralism.”
He said the Pacific now has more leverage in climate negotiations.
“Communities on the ground, who are suffering from sea level rise, losing territory and so on, they know what they want, and we have to provide that,” Regenvanu said.
“Now we know that we can rely on international cooperation because of the obligations that have been declared here to assist them.”
The director of climate change at the Pacific Community (SPC), Coral Pasisi, also said the decision was a strong outcome for Pacific Island nations.
“The acknowledgement that the science is very clear, there is a direct clause between greenhouse gas emissions, global warming and the harm that is causing, particularly the most vulnerable countries.”
She said the health of the environment is closely linked to the health of people, which was acknowledged by the court.
This article is republished under a community partnership agreement with RNZ.
Immediately after killing Fernando Pereira and blowing up Greenpeace’s flagship the Rainbow Warrior in Auckland harbour, several of the French agents went on a ski holiday in New Zealand’s South Island to celebrate.
Such was the contempt the French had for the Kiwis and the abilities of our police to pursue them. How wrong they were.
A new prologue by former prime minister Helen Clark and a preface by Greenpeace’s Bunny McDiarmid, along with an extensive postscript which bring us up to the present day, underline why the past is not dead; it’s with us right now.
Written by David Robie, editor of Asia Pacific Report, who spent 11 weeks on the final voyage of the Warrior, the book is the most remarkable piece of history I have read this year and one of those rare books that has the power to expand your mind and make your blood boil at the same time. I thought I knew a fair bit about the momentous events surrounding the attack — until I read Eyes of Fire.
Heroes of our age The book covers the history of Greenpeace action — from fighting the dumping of nuclear and other toxic waste in European waters, the Arctic and the Pacific, voyages to link besieged communities across the oceans, through to their epic struggles to halt whaling and save endangered marine colonies from predators.
The Rainbow Warrior’s very last voyage before the bombing was to evacuate the entire population of Rongelap atoll (about 320 people) in the Marshall Islands who had been exposed to US nuclear radiation for decades.
This article is the first of two in which I will explore themes that the book triggered for me.
Neither secret nor intelligent – the French secret intelligence service
Jean-Luc Kister was the DGSE (Direction-générale de la Sécurité extérieure) agent who placed the two bombs that ripped a massive hole in the hull of the Warrior on 10 July 1985. The ship quickly sank, trapping Greenpeace photographer Fernando Pereira inside.
Former colonel Kister was a member of a large team of elite agents sent to New Zealand. One had also infiltrated Greenpeace months before, some travelled through the country prior to the attack, drinking, rooting New Zealand women and leaving a trail of breadcrumbs that led all the way to the Palais de l’Élysée where François Mitterrand, Socialist President of France, had personally given the order to bomb the famous peace vessel.
Robie aptly calls the French mission “Blundergate”. The stupidity, howling incompetence and moronic lack of a sound strategic rationale behind the attack were only matched by the mendacity, the imperial hauteur and the racist contempt that lies at the heart of French policy in the Pacific to this very day.
Thinking the Kiwi police would be no match for their élan, their savoir-faire and their panache, some of the killers hit the ski slopes to celebrate “Mission Accompli”. Others fled to Norfolk Island aboard a yacht, the Ouvéa.
Tracked there by the New Zealand police it was only with the assistance of our friends and allies, the Australians, that the agents were able to escape. Within days they sank their yacht at sea during a rendezvous with a French nuclear submarine and were evenually able to return to France for medals and promotions.
Two of the agents, however, were not so lucky. As everyone my age will recall, Dominique Prieur and Alain Mafart, were nabbed after a lightning fast operation by New Zealand police.
With friends and allies like these, who needs enemies? We should recall that the French were our allies at the time. They decided, however, to stop the Rainbow Warrior from leading a flotilla of ships up to Moruroa Atoll in French Polynesia where yet another round of nuclear tests were scheduled. In other words: they bombed a peace ship to keep testing bombs.
By 1995, France had detonated 193 nuclear bombs in the South Pacific.
David Robie sees the bombing as “a desperate attempt by one of the last colonial powers in the Pacific to hang on to the vestiges of empire by blowing up a peace ship so it could continue despoiling Pacific islands for the sake of an independent nuclear force”.
The US, UK and Australia cold-shouldered New Zealand through this period and uttered not a word of condemnation against the French. Within two years we were frog-marched out of the ANZUS alliance with Australia and the US because of our ground-breaking nuclear-free legislation.
It was a blessing and the dawn of a period in which New Zealanders had an intense sense of national pride — a far cry from today when New Zealand politicians are being referred to the International Criminal Court (ICC) in The Hague for war crimes associated with the Gaza genocide.
The French State invented the term ‘terrorism’ I studied French History at university in France and did a paper called “La France à la veille de révolution” (France on the eve of revolution). One of the chilling cultural memories is of the period from September 1793 to July 1794, which was known as La Terreur.
At the time the French state literally coined the term “terrorisme” — with the blade of the guillotine dropping on neck after neck as the state tried to consolidate power through terror. But, as Robie points out, quoting law professor Roger S. Clark, we tend to use the term today to refer almost exclusively to non-state actors.
With the US and Israel gunning down starving civilians in Gaza every day, with wave after wave of terror attacks being committed inside Iran and across the Middle East by Mossad, the CIA and MI6, we should amend this erroneous habit.
The DGSE team who attached limpet mines to the Rainbow Warrior did so as psychopathic servants of the French State. Eyes of Fire: “At the time, Prime Minister David Lange described the Rainbow Warrior attack as ‘nothing more than a sordid act of international state-backed terrorism’.”
Don’t get me wrong. I am not “anti-French”. I lived for years in France, had a French girlfriend, studied French history, language and literature. I even had friends in Wellington who worked at the French Embassy.
Curiously when I lived next to Premier House, the official residence of the prime minister, my other next door neighbour was a French agent who specialised in surveillance. Our houses backed onto Premier House. Quelle coïncidence. To his mild consternation I’d greet him with “Salut, mon espion favori.” (Hello, my favourite spy).
What I despise is French colonialism, French racism, and what the French call magouillage. I don’t know a good English word for it . . . it is a mix of shenanigans, duplicity, artful deception to achieve unscrupulous outcomes that can’t be publicly avowed. In brief: what the French attempted in Auckland in 1985.
Robie recounts in detail the lying, smokescreens and roadblocks that everyone from President Mitterrand through to junior officials put in the way of the New Zealand investigators. Mitterrand gave Prime Minister David Lange assurances that the culprits would be brought to justice. The French Embassy in Wellington claimed at the time: “In no way is France involved. The French government doesn’t deal with its opponents in such ways.”
It took years for the bombshell to explode that none other than Mitterrand himself had ordered the terrorist attack on New Zealand and Greenpeace!
We the people of the Pacific We, the people of the Pacific, owe a debt to Greenpeace and all those who were part of the Rainbow Warrior, including author David Robie. We must remember the crime and call it by its name: state terrorism.
The French attempted to escape justice, deny involvement and then welched on the terms of the agreement negotiated with the help of the United Nations secretary-general.
A great way to honour the sacrifice of those who stood up for justice, who stood for peace and a nuclear-free Pacific, and who honoured our own national identity would be to buy David Robie’s excellent book.
I’ll give the last word to former Prime Minister Helen Clark:
“This is the time for New Zealand to link with the many small and middle powers across regions who have a vision for a world characterised by solidarity and peace and which can rise to the occasion to combat the existential challenges it faces — including of nuclear weapons, climate change, and artificial intelligence. If our independent foreign policy is to mean anything in the mid-2020s, it must be based on concerted diplomacy for peace and sustainable development.”
You cannot sink a rainbow.
Eugene Doyle is a writer based in Wellington. He has written extensively on the Middle East, as well as peace and security issues in the Asia Pacific region. He contributes to Asia Pacific Report and Café Pacific, and hosts the public policy platform solidarity.co.nz
Immediately after killing Fernando Pereira and blowing up Greenpeace’s flagship the Rainbow Warrior in Auckland harbour, several of the French agents went on a ski holiday in New Zealand’s South Island to celebrate.
Such was the contempt the French had for the Kiwis and the abilities of our police to pursue them. How wrong they were.
A new prologue by former prime minister Helen Clark and a preface by Greenpeace’s Bunny McDiarmid, along with an extensive postscript which bring us up to the present day, underline why the past is not dead; it’s with us right now.
Written by David Robie, editor of Asia Pacific Report, who spent 11 weeks on the final voyage of the Warrior, the book is the most remarkable piece of history I have read this year and one of those rare books that has the power to expand your mind and make your blood boil at the same time. I thought I knew a fair bit about the momentous events surrounding the attack — until I read Eyes of Fire.
Heroes of our age The book covers the history of Greenpeace action — from fighting the dumping of nuclear and other toxic waste in European waters, the Arctic and the Pacific, voyages to link besieged communities across the oceans, through to their epic struggles to halt whaling and save endangered marine colonies from predators.
The Rainbow Warrior’s very last voyage before the bombing was to evacuate the entire population of Rongelap atoll (about 320 people) in the Marshall Islands who had been exposed to US nuclear radiation for decades.
This article is the first of two in which I will explore themes that the book triggered for me.
Neither secret nor intelligent – the French secret intelligence service
Jean-Luc Kister was the DGSE (Direction-générale de la Sécurité extérieure) agent who placed the two bombs that ripped a massive hole in the hull of the Warrior on 10 July 1985. The ship quickly sank, trapping Greenpeace photographer Fernando Pereira inside.
Former colonel Kister was a member of a large team of elite agents sent to New Zealand. One had also infiltrated Greenpeace months before, some travelled through the country prior to the attack, drinking, rooting New Zealand women and leaving a trail of breadcrumbs that led all the way to the Palais de l’Élysée where François Mitterrand, Socialist President of France, had personally given the order to bomb the famous peace vessel.
Robie aptly calls the French mission “Blundergate”. The stupidity, howling incompetence and moronic lack of a sound strategic rationale behind the attack were only matched by the mendacity, the imperial hauteur and the racist contempt that lies at the heart of French policy in the Pacific to this very day.
Thinking the Kiwi police would be no match for their élan, their savoir-faire and their panache, some of the killers hit the ski slopes to celebrate “Mission Accompli”. Others fled to Norfolk Island aboard a yacht, the Ouvéa.
Tracked there by the New Zealand police it was only with the assistance of our friends and allies, the Australians, that the agents were able to escape. Within days they sank their yacht at sea during a rendezvous with a French nuclear submarine and were evenually able to return to France for medals and promotions.
Two of the agents, however, were not so lucky. As everyone my age will recall, Dominique Prieur and Alain Mafart, were nabbed after a lightning fast operation by New Zealand police.
With friends and allies like these, who needs enemies? We should recall that the French were our allies at the time. They decided, however, to stop the Rainbow Warrior from leading a flotilla of ships up to Moruroa Atoll in French Polynesia where yet another round of nuclear tests were scheduled. In other words: they bombed a peace ship to keep testing bombs.
By 1995, France had detonated 193 nuclear bombs in the South Pacific.
David Robie sees the bombing as “a desperate attempt by one of the last colonial powers in the Pacific to hang on to the vestiges of empire by blowing up a peace ship so it could continue despoiling Pacific islands for the sake of an independent nuclear force”.
The US, UK and Australia cold-shouldered New Zealand through this period and uttered not a word of condemnation against the French. Within two years we were frog-marched out of the ANZUS alliance with Australia and the US because of our ground-breaking nuclear-free legislation.
It was a blessing and the dawn of a period in which New Zealanders had an intense sense of national pride — a far cry from today when New Zealand politicians are being referred to the International Criminal Court (ICC) in The Hague for war crimes associated with the Gaza genocide.
The French State invented the term ‘terrorism’ I studied French History at university in France and did a paper called “La France à la veille de révolution” (France on the eve of revolution). One of the chilling cultural memories is of the period from September 1793 to July 1794, which was known as La Terreur.
At the time the French state literally coined the term “terrorisme” — with the blade of the guillotine dropping on neck after neck as the state tried to consolidate power through terror. But, as Robie points out, quoting law professor Roger S. Clark, we tend to use the term today to refer almost exclusively to non-state actors.
With the US and Israel gunning down starving civilians in Gaza every day, with wave after wave of terror attacks being committed inside Iran and across the Middle East by Mossad, the CIA and MI6, we should amend this erroneous habit.
The DGSE team who attached limpet mines to the Rainbow Warrior did so as psychopathic servants of the French State. Eyes of Fire: “At the time, Prime Minister David Lange described the Rainbow Warrior attack as ‘nothing more than a sordid act of international state-backed terrorism’.”
Don’t get me wrong. I am not “anti-French”. I lived for years in France, had a French girlfriend, studied French history, language and literature. I even had friends in Wellington who worked at the French Embassy.
Curiously when I lived next to Premier House, the official residence of the prime minister, my other next door neighbour was a French agent who specialised in surveillance. Our houses backed onto Premier House. Quelle coïncidence. To his mild consternation I’d greet him with “Salut, mon espion favori.” (Hello, my favourite spy).
What I despise is French colonialism, French racism, and what the French call magouillage. I don’t know a good English word for it . . . it is a mix of shenanigans, duplicity, artful deception to achieve unscrupulous outcomes that can’t be publicly avowed. In brief: what the French attempted in Auckland in 1985.
Robie recounts in detail the lying, smokescreens and roadblocks that everyone from President Mitterrand through to junior officials put in the way of the New Zealand investigators. Mitterrand gave Prime Minister David Lange assurances that the culprits would be brought to justice. The French Embassy in Wellington claimed at the time: “In no way is France involved. The French government doesn’t deal with its opponents in such ways.”
It took years for the bombshell to explode that none other than Mitterrand himself had ordered the terrorist attack on New Zealand and Greenpeace!
We the people of the Pacific We, the people of the Pacific, owe a debt to Greenpeace and all those who were part of the Rainbow Warrior, including author David Robie. We must remember the crime and call it by its name: state terrorism.
The French attempted to escape justice, deny involvement and then welched on the terms of the agreement negotiated with the help of the United Nations secretary-general.
A great way to honour the sacrifice of those who stood up for justice, who stood for peace and a nuclear-free Pacific, and who honoured our own national identity would be to buy David Robie’s excellent book.
I’ll give the last word to former Prime Minister Helen Clark:
“This is the time for New Zealand to link with the many small and middle powers across regions who have a vision for a world characterised by solidarity and peace and which can rise to the occasion to combat the existential challenges it faces — including of nuclear weapons, climate change, and artificial intelligence. If our independent foreign policy is to mean anything in the mid-2020s, it must be based on concerted diplomacy for peace and sustainable development.”
You cannot sink a rainbow.
Eugene Doyle is a writer based in Wellington. He has written extensively on the Middle East, as well as peace and security issues in the Asia Pacific region. He contributes to Asia Pacific Report and Café Pacific, and hosts the public policy platform solidarity.co.nz