Filing of written comments

 

INTERNATIONAL COURT OF JUSTICE 
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Press Release 
Unofficial

No. 2024/61 

16 August 2024

Obligations of States in respect of Climate Change

(Request for Advisory Opinion)

Filing of written comments

THE HAGUE, 16 August 2024. In the advisory proceedings on the Obligations of States in
respect of Climate Change, 62 written comments have been filed in the Registry of the International
Court of Justice. 

It is recalled that, by an Order dated 30 May 2024, the President of the Court, pursuant to  
Article 66, paragraph 4, of the Statute of the Court, extended to 15 August 2024 the time-limit within
which States and organizations having presented written statements to the Court in these proceedings
might submit written comments on the other written statements. Within this time-limit, 62 written
comments were filed in the Registry by (in order of receipt):  Palau; Dominican Republic; Timor
Leste; European Union; Democratic Republic of the Congo; Seychelles; France; Melanesian
Spearhead Group; Kenya; Antigua and Barbuda; El Salvador; Latvia; Solomon Islands; the Bahamas;
Namibia; New Zealand; Colombia; Kiribati; Cook Islands; Federated States of Micronesia; Saudi
Arabia; Sri Lanka; the Philippines; Switzerland; Costa Rica; Commission of Small Islands States on
Climate Change and International Law; Tuvalu; Marshall Islands; Parties to the Nauru Agreement
Office; Japan; The Gambia; Vanuatu; Sierra Leone; Albania; International Union for Conservation
of Nature; United States; Barbados; Mauritius; Samoa; Iran; Organisation of African, Caribbean and
Pacific States; Burkina Faso; Chile; Brazil; Nauru; Belize; Cameroon; United Kingdom; Pakistan; 
Uruguay; Mexico; the Netherlands; Australia; Ecuador; Grenada; Saint Lucia; Saint Vincent and the
Grenadines; Viet Nam; Bangladesh; African Union; Egypt; and Pacific Islands Forum. 
The public hearings on the request for an advisory opinion are scheduled to open on Monday
2 December 2024.  

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Procedure of the Court and history of the proceedings 
The Registry has published an explanatory note on the Court’s website concerning the 
procedure followed by the ICJ with regard to requests for advisory opinions.  
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On 29 March 2023, the General Assembly of the United Nations adopted resolution
A/RES/77/276, in which, referring to Article 96 of the Charter of the United Nations and Article 65
of the Statute of the Court, it requested the Court to give an advisory opinion on the following
questions: 

“Having particular regard to the Charter of the United Nations, the International 
Covenant on Civil and Political Rights, the International Covenant on Economic, Social
and Cultural Rights, the United Nations Framework Convention on Climate Change,
the Paris Agreement, the United Nations Convention on the Law of the Sea, the duty of
due diligence, the rights recognized in the Universal Declaration of Human Rights, the
principle of prevention of significant harm to the environment and the duty to protect
and preserve the marine environment, 
(a) What are the obligations of States under international law to ensure the protection
of the climate system and other parts of the environment from anthropogenic
emissions of greenhouse gases for States and for present and future generations; 
(b) What are the legal consequences under these obligations for States where they, by
their acts and omissions, have caused significant harm to the climate system and
other parts of the environment, with respect to:  
(i) States, including, in particular, small island developing States, which due to
their geographical circumstances and level of development, are injured or
specially affected by or are particularly vulnerable to the adverse effects of
climate change?  
(ii) Peoples and individuals of the present and future generations affected by the
adverse effects of climate change?” 
The request for an advisory opinion was transmitted to the Court by the Secretary-General of
the United Nations by a letter dated 12 April 2023. 
By an Order dated 20 April 2023, the President of the Court decided that the United Nations
and its Member States were likely to be able to furnish information on the questions submitted to the
Court for an advisory opinion; fixed 20 October 2023 as the time-limit within which written
statements on the questions might be presented to the Court, in accordance with Article 66,
paragraph 2, of the Statute; and fixed 22 January 2024 as the time-limit within which States and
organizations having presented written statements might submit written comments on the written
statements made by other States or organizations, in accordance with Article 66, paragraph 4, of the
Statute. 
The Court subsequently authorized the participation in the proceedings of the International 
Union for Conservation of Nature; the Commission of Small Island States on Climate Change and
International Law; the European Union; the African Union; the Organization of the Petroleum
Exporting Countries; the Organisation of African, Caribbean and Pacific States; the Melanesian
Spearhead Group; the Forum Fisheries Agency; the Pacific Community; the Pacific Islands Forum;
the Alliance of Small Island States; the Parties to the Nauru Agreement Office; and the World Health
Organization. 
By Orders of the President of the Court dated 4 August 2023 and 15 December 2023, the
time-limit for the submission of written statements was extended to 22 January 2024 and 22 March 
2024, respectively. By the same Orders, the time-limit for the submission of written comments on 
those written statements was extended to 22 April 2024 and 24 June 2024, respectively. 
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In total, 91 written statements were filed in the Registry (see press release 2024/31). Pursuant 
to Article 106 of the Rules of Court, the Court may decide to make the written statements accessible
to the public on or after the opening of the oral proceedings in the case. 
By an Order dated 30 May 2024, the President further extended the time-limit for the filing of
written comments to 15 August 2024. 
Earlier press releases relating to these proceedings are available on the website. 

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Note: The Court’s press releases are prepared by its Registry for information purposes only
and do not constitute official documents.

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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in April 1946. 
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the
Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague
(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law,
legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions
referred to it by duly authorized United Nations organs and agencies of the system.

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Information Department: 
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337 
Email: [email protected]