Antigua and Barbuda Once Again Takes Center Stage in ICJ Quest for Climate Justice

Antigua and Barbuda, a resilient small island nation in the Caribbean, took center stage today as the International Court of Justice (ICJ) opened a two-week hearing on the Obligations of States in respect of Climate Change.

Hon. Gaston Browne, Prime Minister of Antigua and Barbuda, called on the Court to use its voice to “inspire the urgent action that has eluded the political arena”.

The hearing at the Peace Palace in the Hague is the latest milestone in a judicial process initiated when the UN General Assembly unanimously referred legal questions to the ICJ for an advisory opinion in March 2023.

More than 100 States and international organizations are scheduled to speak – an unprecedented level of participation in an ICJ case.

Antigua and Barbuda sees the advisory opinion as an opportunity for the ICJ to delineate the imperative for States to elevate their climate ambitions and intensify efforts in critical areas of mitigation, adaptation, finance, and technical support.

The hearing comes against the backdrop of an accelerating climate crisis and lackluster outcomes from the recent COP 29 meeting in Azerbaijan.

“Antigua and Barbuda has worked tirelessly to address this crisis. At every Conference of the Parties, from Paris to Baku, we have joined with other vulnerable nations to demand action—demand financing, demand justice”, Prime Minister Browne told the judges.  He said that Antigua and Barbuda now turns to the Court “to clarify the obligations of States under international law before the clock on our survival runs out”.  “We believe in the power of international law to bring about change”.

The proceedings before the ICJ followed a campaign led by Vanuatu and championed by other small island States, including Antigua and Barbuda. 

Over the course of 2024, participating States have submitted two rounds of detailed written submissions, addressing the specific legal questions referred to the Court by the UN General Assembly. 

Following the hearing, the 15 Judges will prepare an opinion that will become a crucial reference point for States in understanding what they must do in response to the climate crisis and the legal consequences of failing to take necessary action.  The Court’s opinion is expected in 2025. 

The ICJ proceedings build on similar judicial processes in other international courts.  As a founding member of the Commission on Small Islands States (COSIS), Antigua and Barbuda was particularly active in advisory proceedings before the International Tribunal for the Law of the Sea. 

Earlier this year, that Tribunal described stringent obligations to prevent, reduce and control marine pollution resulting from greenhouse gas emissions, among other obligations to protect and preserve the marine environment in the face of climate risks.   

Antigua and Barbuda gratefully acknowledges the legal expertise and assistance provided by a committed team of lawyers working pro bono and coordinated by Sidley Austin LLP.