ICJ -AO is not just a legal document: Rikimani

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BY JOHN HOUANIHAU

The advisory opinion of the International Court of Justice (ICJ-AO) serves not merely as a legal document but also as a resource that various communities, governments, and advocates can utilise to advocate for more robust climate action.

This statement was made by Belyndar Rikimani, a founding member and current executive of Pacific Islands Student Fighting Climate Change, during a panel discussion focused on understanding the ICJ Advisory Opinion on Climate Change.

While addressing attendees at the Aquatic Center on Wednesday this week, Ms Rikimani emphasised that the ICJ-AO holds a crucial position at the crossroads of climate diplomacy, human rights, and sustainable development.

“For the first time in history, the highest court in the world has been requested to explain the responsibilities of states in safeguarding the climate system and the rights of individuals impacted by the climate crisis, a request initiated by the government of Vanuatu and the Pacific Island Students Fighting Climate Change,” said Rikimani.

She said that this particular concept originated at the University of the South Pacific (USP) in Port Vila in 2019, spearheaded by an exceptional group of law students.

“We can observe how the contributions from Pacific Islands have significantly influenced the development of international law. The judges made it clear through their common decision. States are legally obligated to take more decisive measures to mitigate greenhouse gas emissions, safeguard individuals and ecosystems from climate-related damage, and assist vulnerable communities through financial support and collaboration,” she said.

She also noted that the ICJ-AO confirmed that inaction constitutes a violation of international law, including human rights law.

“In essence, failing to address climate change is not merely a policy option. It is unlawful,” Rikimani said.

She added that the ICJ-AO offers all Pacific Island states a chance to transition from theoretical principles to practical implementation.

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