The Hague, Dec 10 (IPS) – There is no time to waste if we want to protect lives and livelihoods and avoid complete disaster. As the saying goes, we are the first generation to feel the effects of climate change, and undoubtedly the last generation to do something about it. – Mansoor Usman Awan, Attorney General of Pakistan (International Court of Justice (ICJ)), regardless of whether the country is high in the Himalayas, a small island nation or experiencing armed conflict, must prevent the damage caused by climate change, especially high greenhouse gases. We all agreed on the principles of due diligence and the obligations of the state. The emitter was non-negotiable.
On Monday, December 9, 2024, countries including Nepal, Pakistan, Nauru, New Zealand and the State of Palestine submitted their case to the United Nations’ highest court.
Countries within the Hindu Kush Himalayan region, Nepal and Pakistan have included examples of disasters in recent years, including flash floods and their impact on livelihoods, while the small island nation of Nauru listed the devastation faced by its people due to rising sea levels. The State of Palestine linked its appeal to climate-environmental destruction with the ongoing armed conflict.
At Vanuatu’s request, the United Nations General Assembly asked the ICJ to issue an advisory opinion on the obligations of United Nations member states to prevent climate change and ensure environmental protection for present and future generations. The advisory opinion cannot be enforced, but the court will advise on the legal consequences for member states, particularly those causing serious harm to small island developing states. So far, more than 70 countries have filed suit in the court.
Human Rights and Technology Transfer – Nepal
Nepal’s Foreign Minister Arzu Rana Deuba emphasized that disasters caused by climate change are violating the human rights of people on the front lines and said countries responsible for emissions must meet their obligations.
“Climate change impedes the realization and enjoyment of human rights, including the right to life, food, health and the rights to adequate housing, sanitation and water,” Deuba said. “Furthermore, it impacts the rights of women, children and persons with disabilities, as well as the cultural rights of minority and indigenous communities.”
Nepal said many fragile states had failed to meet their obligations under international human rights law. This is because actions and emissions that occur outside of a country’s territory also have a negative impact on the human rights of its citizens. He emphasized that the country of mountains, including Mount Everest, needs material, technical and financial support from countries whose historical emissions have caused the anthropogenic climate change crisis.
“This includes unhindered access to technology and sharing of meteorological and glacier data,” Deuba said. “Nepal believes that the Court’s advisory opinion will contribute to clarifying the law, particularly the rules governing the State’s obligations regarding climate change and the consequences of breaching these obligations.”
Suvanga Parajuli, Deputy Foreign Minister of Nepal, added that Nepal is facing serious injustice. “What countries like Nepal are demanding is not just philanthropic support, but real climate justice in return,” Parajuli said.
Court Opinion Could Help Prevent Disaster—Pakistan
Pakistan, another HKH region country that experienced devastating floods due to climate change in 2022, highlighted the need for support and knowledge sharing. Pakistan’s Attorney General Mansoor Usman Awan urged the court to issue an opinion clarifying the state’s legal obligations to prevent, prevent, reduce or mitigate greenhouse gas emissions.
“If we want to protect lives and livelihoods, if we want to avoid complete disaster, there is no time to waste. As we often say, we are the first generation to feel the effects of climate change, and undoubtedly the last generation to do something about it.”
“Ignoring the climate emergency is no longer an option for humanity,” Awan continued.
We Face an Existential Threat—Nauru
The island nation of Nauru says climate change poses an existential threat to its security and well-being, highlighting the effects of rising sea levels, coastal erosion and drought in a UN court.
The island is only 21 km long.2 (8.1 square miles), an oval-shaped island in the southwestern Pacific Ocean.
Minister of Foreign Affairs and Trade Lionel Rouwen Aingimea, representing Nauru, emphasized that States’ obligations on climate change are obligations under the principles of general international law.
“We urge this court to clarify the scope of the state’s existing obligations with regard to climate change,” Aingimea said. “We seek your assurance that the law protects vulnerable people and that our fundamental rights under general international law – to exist, to prosper, to protect our lands – are upheld and respected.”
He urged the court to issue an advisory opinion that reflects “the urgency, dignity, and security rights of all citizens.”
The vulnerability of island nations was central to New Zealand’s argument. Victoria Hallum, Deputy Minister of the Multilateral Legal Group at the Department of Foreign Affairs and Trade of New Zealand, representing Pacific island nations, emphasized the urgent need to address anthropogenic climate change. Climate change is the biggest threat to Pacific islands, he said.
Link Between Armed Conflict and Climate Change—Palestine
The State of Palestine highlighted the intersection of climate change and international law, particularly the impact of armed conflict and military activity.
Palestine has positioned itself as a key contributor to these proceedings and has referred to the ICJ’s Advisory Opinion on Nuclear Weapons to support its arguments on the relationship between environmental protection and international law in armed conflict.
At the ICJ hearing, Ammar Hijazi, Palestine’s ambassador to international organizations in The Hague, linked the link between climate change and emissions during armed conflict.
“The State of Palestine is responsible for less than 0.001% of global greenhouse gas emissions. However, Palestine now struggles with unprecedented and severe climate challenges, largely due to Israel’s occupation, policies and practices,” Hijazi said. “Israel’s occupation diminishes our ability to support climate policy. “As a party to the UNFCCC and the Paris Agreement, Palestine is taking steps to reduce greenhouse gases by 17.5% by 2040, and our target could be 26.6% once the Israeli occupation ends.”
Palestine argued that the Court should not miss the opportunity to address the relationships, obligations and rights of peoples in the context of armed conflict and climate change in the historical opinion it will issue at the end of this consultative process. “This will deliver on our promise to leave no one behind and ensure that the law applies to everyone,” Hijazi said.
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© Interpress Service (2024) — All Rights ReservedOriginal source: Interpress Service
