ICJ Advisory Opinion on the Obligations of States in respect of Climate Change — Historical, But Is it Inclusive?

Abstract —

There’s No Climate Justice Without Disability Inclusion

From the Omission in the UNGA Resolution on ‘Request for an Advisory Opinion’ to Recognition in the Advisory Opinion of the International Court of Justice on the ‘Obligations of States in respect of Climate Change’ — affirming States’ legal obligations to protect persons with disabilities, among other vulnerable communities from climate harms through the application of the principles of equality and non-discrimination. It’s time to embed universal accessibility, equity, and intergenerational justice into every climate action and commitment.

Read the Note for the contextual background, the key “Highlights from the ‘Advisory Opinion on the Obligations of States in respect of Climate Change’” and the case for Disability-Inclusive Climate Action!

Image/Visual Description [Alt Text] — Digital advocacy graphic highlighting the 2025 Advisory Opinion of the International Court of Justice (ICJ) on the obligations of States in respect of climate change. The design features a central illustration of the Earth encircled by densely packed urban structures emitting smoke, with large flames surrounding the planet, symbolizing the intensifying climate crisis. The term “CLIMATE CHANGE” is boldly printed across the globe in capital letters, against a white strip cutting through the center. Above the illustration, the text reads: “Highlights from the ‘Advisory Opinion on the Obligations of States in Respect of Climate Change’,” in a playful, hand-drawn font. An arrow points to the right-hand side where a subheading states: “By the International Court of Justice (ICJ) [Dated 23 July 2025].” Below, a provocative question is posed: “Historical, But Is it Inclusive?” — referencing the critical lens through which the opinion is being reviewed, particularly regarding its inclusivity of vulnerable communities such as persons with disabilities. At the top, there are three logos: on the left is the logo of The Sangyan (featuring the thristy crow and the motto “।। कालाति क्रमात् काल एव फलम पिबति ।।”), in the center is the logo for the “Infinity Loop (Convergence of Inclusion and Sustainability” (with its motto: “For the Common Concerns of Humankind”), and on the right is the ‘Build Forward Better’ campaign, which includes the Sanskrit motto “सर्वे भवन्तु सुखिनः। प्रकृति रक्षति रक्षिता। ”. The image is set against a beige textured background resembling crumpled paper, and along the bottom border are three hashtags in white: #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan — anchoring the post within broader campaigns for remembrance, reconstruction, and accountability in climate justice.

Snippets from the ICJ Advisory Opinion on the Obligations of States in respect of Climate Change —

Operative Clause from the Advisory Opinion —

A. Unanimously, is of the opinion that the climate change treaties set forth binding obligations for States parties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gasemissions. These obligations include the following:

(a) States parties to the United Nations Framework Convention on Climate Change have an obligation to adopt measures with a view to contributing to the mitigation of greenhouse gas emissions and adapting to climate change;

(b) States parties listed in Annex I to the United Nations Framework Convention on Climate Change have additional obligations to take the lead in combating climate change by limiting their greenhouse gas emissions and enhancing their greenhouse gas sinks and reservoirs;

(c) States parties to the United Nations Framework Convention on Climate Change have a duty to co-operate with each other in order to achieve the underlying objective of the Convention;

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “Operative Clause from the Advisory Opinion — A. Unanimously, is of the opinion that the climate change treaties set forth binding obligations for States parties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations include the following: (a) States parties to the United Nations Framework Convention on Climate Change have an obligation to adopt measures with a view to contributing to the mitigation of greenhouse gas emissions and adapting to climate change; (b) States parties listed in Annex I to the United Nations Framework Convention on Climate Change have additional obligations to take the lead in combating climate change by limiting their greenhouse gas emissions and enhancing their greenhouse gas sinks and reservoirs; © States parties to the United Nations Framework Convention on Climate Change have a duty to co-operate with each other in order to achieve the underlying objective of the Convention;” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

(d) States parties to the Kyoto Protocol must comply with applicable provisions of the Protocol;

(e) States parties to the Paris Agreement have an obligation to act with due diligence in taking measures in accordance with theircommon but differentiated responsibilities and respectivecapabilities capable of making an adequate contribution to achieving the temperature goal set out in the Agreement;

(f) States parties to the Paris Agreement have an obligation to prepare, communicate and maintain successive and progressive nationally determined contributions which, inter alia, when taken together, are capable of achieving the temperature goal of limiting global warming to 1.5°C above pre-industrial levels;

(g) States parties to the Paris Agreement have an obligation to pursue measures which are capable of achieving the objectives set out in their successive nationally determined contributions; and

(h) States parties to the Paris Agreement have obligations of adaptation and co-operation, including through technology and financial transfers, which must be performed in good faith;

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “(d) States parties to the Kyoto Protocol must comply with applicable provisions of the Protocol; (e) States parties to the Paris Agreement have an obligation to act with due diligence in taking measures in accordance with theircommon but differentiated responsibilities and respectivecapabilities capable of making an adequate contribution to achieving the temperature goal set out in the Agreement; (f) States parties to the Paris Agreement have an obligation to prepare, communicate and maintain successive and progressive nationally determined contributions which, inter alia, when taken together, are capable of achieving the temperature goal of limiting global warming to 1.5°C above pre-industrial levels; (g) States parties to the Paris Agreement have an obligation to pursue measures which are capable of achieving the objectives set out in their successive nationally determined contributions; and (h) States parties to the Paris Agreement have obligations of adaptation and co-operation, including through technology and financial transfers, which must be performed in good faith;” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

B. Unanimously, held that it —

Is of the opinion that customary international law sets forthobligations for States to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations include the following:

(a) States have a duty to prevent significant harm to the environment by acting with due diligence and to use all means at their disposal to prevent activities carried out within theirjurisdiction or control from causing significant harm to theclimate system and other parts of the environment, in accordancewith their common but differentiated responsibilities and respective capabilities;

(b) States have a duty to co-operate with each other in good faithto prevent significant harm to the climate system and other parts of the environment, which requires sustained and continuous forms of co-operation by States when taking measures to prevent such harm;

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “B. Unanimously, held that it — Is of the opinion that customary international law sets forth obligations for States to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations include the following: (a) States have a duty to prevent significant harm to the environment by acting with due diligence and to use all means at their disposal to prevent activities carried out within theirjurisdiction or control from causing significant harm to theclimate system and other parts of the environment, in accordancewith their common but differentiated responsibilities and respective capabilities; (b) States have a duty to co-operate with each other in good faithto prevent significant harm to the climate system and other parts of the environment, which requires sustained and continuous forms of co-operation by States when taking measures to prevent such harm;” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

C. Unanimously, Is of the opinion that States parties to the Vienna Convention for the Protection of the Ozone Layer and to the Montreal Protocol on Substances that Deplete the Ozone Layer and its Kigali Amendment, the Convention on Biological Diversity and the United Nations Convention to CombatDesertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, have obligations under these treaties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions;

D. Unanimously, Is of the opinion that States parties to the United Nations Convention on the Law of the Sea have anobligation to adopt measures to protect and preserve the marine environment, including from the adverse effects of climatechange and to co-operate in good faith;

E. Unanimously, Is of the opinion that States have obligationsunder international human rights law to respect and ensure theeffective enjoyment of human rights by taking necessary measures to protect the climate system and other parts of the environment;

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “C. Unanimously, Is of the opinion that States parties to the Vienna Convention for the Protection of the Ozone Layer and to the Montreal Protocol on Substances that Deplete the Ozone Layer and its Kigali Amendment, the Convention on Biological Diversity and the United Nations Convention to CombatDesertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa, have obligations under these treaties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions; D. Unanimously, Is of the opinion that States parties to the United Nations Convention on the Law of the Sea have anobligation to adopt measures to protect and preserve the marine environment, including from the adverse effects of climatechange and to co-operate in good faith; E. Unanimously, Is of the opinion that States have obligationsunder international human rights law to respect and ensure theeffective enjoyment of human rights by taking necessary measures to protect the climate system and other parts of the environment;” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

Unanimously, Is of the opinion that a breach by a State of any obligations identified in response to question (a) constitutes aninternationally wrongful act entailing the responsibility of that State. The responsible State is under a continuing duty toperform the obligation breached. The legal consequences resulting from the commission of an internationally wrongful act may include the obligations of:

(a) cessation of the wrongful actions or omissions, if they are continuing;

(b) providing assurances and guarantees of non-repetition of wrongful actions or omissions, if circumstances so require; and

(c) full reparation to injured States in the form of restitution, compensation and satisfaction, provided that the general conditions of the law of State responsibility are met, including that a sufficiently direct and certain causal nexus can beshown between the wrongful act and injury.

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “Unanimously, Is of the opinion that a breach by a State of any obligations identified in response to question (a) constitutes an internationally wrongful act entailing the responsibility of that State. The responsible State is under a continuing duty to perform the obligation breached. The legal consequences resulting from the commission of an internationally wrongful act may include the obligations of: (a) cessation of the wrongful actions or omissions, if they are continuing; (b) providing assurances and guarantees of non-repetition of wrongful actions or omissions, if circumstances so require; and © full reparation to injured States in the form of restitution, compensation and satisfaction, provided that the general conditions of the law of State responsibility are met, including that a sufficiently direct and certain causal nexus can beshown between the wrongful act and injury.” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

“Climate change may also impair the enjoyment of the rightsof women, children and indigenous peoples (see JointStatement on “Human Rights and Climate Change”, Committee on the Elimination of All Forms of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Committee on the Protection of the Rights of AllMigrant Workers and Members of their Families, Committeeon the Rights of the Child and Committee on the Rights of Persons with Disabilities, 16 September 2019, para. 3; see also Human rights and climate change, Human Rights Council resolution 53/6 of 12 July 2023; Human Rights Council, Report of the Office of the United Nations HighCommissioner for Human Rights on the relationship betweenclimate change and human rights, 15 January 2009, UN doc. A/HRC/10/61, paras. 42 et seq.). As recalled above, thepreamble to the Paris Agreement provides that parties should, when taking action to address climate change, respect, promote and consider the rights of indigenous peoples, local communities, migrants, children, persons withdisabilities and people in vulnerable situations as well as gender equality.” [Para 382]

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “Climate change may also impair the enjoyment of the rightsof women, children and indigenous peoples (see JointStatement on “Human Rights and Climate Change”, Committee on the Elimination of All Forms of Discrimination against Women, Committee on Economic, Social and Cultural Rights, Committee on the Protection of the Rights of AllMigrant Workers and Members of their Families, Committeeon the Rights of the Child and Committee on the Rights of Persons with Disabilities, 16 September 2019, para. 3; see also Human rights and climate change, Human Rights Council resolution 53/6 of 12 July 2023; Human Rights Council, Report of the Office of the United Nations HighCommissioner for Human Rights on the relationship betweenclimate change and human rights, 15 January 2009, UN doc. A/HRC/10/61, paras. 42 et seq.). As recalled above, thepreamble to the Paris Agreement provides that parties should, when taking action to address climate change, respect, promote and consider the rights of indigenous peoples, local communities, migrants, children, persons withdisabilities and people in vulnerable situations as well as gender equality.” [Para 382]” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

Judge Charlesworth drew attention to the position of climate vulnerable groups, such as Indigenous peoples, women, children and people with disability. She illustrates the harmful effects of climate change on these vulnerable groups by reference to the written and oral submissions of participants in the advisory proceedings. She concludes that States have particular human rights obligations towards vulnerable groups, notably through the application of the principles of equality and non-discrimination. [Obligations of States in respect of Climate Change | International Court of Justice (ICJ) | Summary of the Advisory Opinion of 23 July 2025]

Image/Visual Description [Alt Text] — The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change. [Heading] Following textual content: “Judge Charlesworth drew attention to the position of climate vulnerable groups, such as Indigenous peoples, women, children and people with disability. She illustrates the harmful effects of climate change on these vulnerable groups by reference to the written and oral submissions of participants in the advisory proceedings. She concludes that States have particular human rights obligations towards vulnerable groups, notably through the application of the principles of equality and non-discrimination. [Obligations of States in respect of Climate Change | International Court of Justice (ICJ) | Summary of the Advisory Opinion of 23 July 2025]” At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

Case for Disability-Inclusive Climate Action

The ICJ’s 2025 Advisory Opinion on climate obligations marks a major step for climate justice by affirming that States have binding duties underinternational law to mitigate and adapt to climate change while protecting human rights. Notably, Judge Hilary Charlesworth explicitly recognized persons with disabilities as among the most climate-vulnerable groups, affirming States’ obligations of equality and non-discrimination. This partially addresses the earlier omission of the UNCRPD in the UNGA resolution and reinforces the case for disability-inclusive climate action. Asclimate change continues to disproportionately impact persons with disabilities, States must now embed universal accessibility, intergenerational equity, and inclusive resilience at the core of theirclimate commitments.

Image/Visual Description [Alt Text] — Case for Disability-Inclusive Climate Action (Heading) and the following textual content: “The ICJ’s 2025 Advisory Opinion on climate obligations marks a major step for climate justice by affirming that States have binding duties underinternational law to mitigate and adapt to climate change while protecting human rights. Notably, Judge Hilary Charlesworth explicitly recognized persons with disabilities as among the most climate-vulnerable groups, affirming States’ obligations of equality and non-discrimination. This partially addresses the earlier omission of the UNCRPD in the UNGA resolution and reinforces the case for disability-inclusive climate action. Asclimate change continues to disproportionately impact persons with disabilities, States must now embed universal accessibility, intergenerational equity, and inclusive resilience at the core of theirclimate commitments.” Below the texts are two infographics — (1) Climate Change and Disaster Vulnerability Flowchart and (2) Four-Order Impacts of Climate Change. At the bottom are hashtags — #BhuleTohNahi, #BuildForwardBetter, and #WhatsYourPlan.

Readings and References —

1. Request for an Advisory Opinion of the International Court of Justice on the obligations of States in respect of climate change (**Historical, But Is It Inclusive?**)

2. PRESS RELEASE: The ICJ today delivered its **Advisory Opinion on the Obligations of States in respect of Climate Change [[Press Release](https://go.icj-cij.org/46VA1mk)**]

3. The Summary of the **ICJ Advisory Opinion on the Obligations of States in respect of Climate Change [[Read Here](https://go.icj-cij.org/4kYgfKy)**]

4. The full text of the **ICJ Advisory Opinion on the Obligations of States in respect of Climate Change [[Read Here](https://go.icj-cij.org/4lIAvRx)**]

Contextual background —

On the 29th of March 2023, the 77th session of the United Nations General Assembly (UNGA) adopted a historic resolution by consensus (A/77/L.58) requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change.

The request for an advisory opinion acknowledges that “climate change is an unprecedented challenge of civilisational proportions and that the well-being of present and future generations of humankind depends on our immediate and urgent response to it”. The advisory opinion represents an opportunity to clarify the legal obligations of States with respect to climate change under the international legal regime.

Image/Visual Description [Alt Text] — This is an informational poster dated 30th March 2023, published under The Sangyan banner by Abhishek Kumar. The title reads: “HISTORICAL, BUT IS IT INCLUSIVE?” in bold, uppercase letters, centered below the organization’s name and date. The main header block, highlighted in black with white text, announces the subject: “REQUEST FOR AN ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE ON THE OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE.” The left section of the poster provides a summary of the United Nations General Assembly’s 29th March 2023 adoption of a historic resolution (A/77/L.58), which requests an advisory opinion from the International Court of Justice (ICJ) on States’ obligations concerning climate change. It acknowledges climate change as an unprecedented civilizational threat and an opportunity to clarify international legal responsibilities. The lower left portion emphasizes how climate change disproportionately impacts persons with disabilities due to their heightened vulnerability and reduced adaptive capacity. It criticizes the resolution for failing to include the UN Convention on the Rights of Persons with Disabilities (UNCRPD) and notes the compounding injustices faced by the disability community in relation to climate-related challenges such as displacement, health, sanitation, food security, accessibility, and eco-anxiety. It concludes by citing the IPCC’s call for tackling inequities across lines of disability, gender, ethnicity, age, and income. The right section of the image, in smaller type, elaborates on the scope of the ICJ request. It states that the ICJ request adds to two similar climate-related advisory opinion requests already pending with the International Tribunal for the Law of the Sea (ITLOS) and the Inter-American Court of Human Rights (IACtHR). It outlines two core legal questions posed by the UNGA: (a) the legal obligations of States under international law to protect the climate system from anthropogenic greenhouse gas emissions, and (b) the consequences for States that have caused harm through action or inaction, especially in relation to vulnerable States (like small island developing States) and individuals of present and future generations. The final paragraph critiques the resolution’s omission of key human rights treaties — particularly the UNCRPD — despite the clear intersection of climate justice with disability justice. It underscores that climate change acts as a threat multiplier across several domains including cost of living, migration, health, livelihood, accessibility, mental health, eco-ableism, and climate-induced disability.

The ICJ request adds to the two existing requests for advisory opinions on climate change pending with the International Tribunal for the Law of the Sea (ITLOS) and the Inter-American Court of Human Rights (IACtHR).

The General Assembly requested the ICJ render an opinion on the following questions:

(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 (GHG) 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?

Though the resolution promises much hope for climate justice, it’s disappointing that though it takes note of most international human rights conventions, it misses out on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD, an international human rights convention which sets out the fundamental human rights of people with disability), given that climate change acts as a ‘threat multiplier’ having disproportionate impact on vulnerable communities including children, women, old adults, and people with disabilities with respect to the Cost of Living; Environmental Migration and Displacement; Health, Water, and Sanitation; Livelihood and Decent Work; (Disability)-inclusive Disaster Risk Reduction(DiDRR); Capability Approach; Accessibility; Hunger, Poverty, Energy, and Food Security; Mental Health (like Climate/Eco Anxiety); Habitat and Adequate Housing (Climate Resilient Architecture); Eco-ableism; Loss and Damage (assistive, adaptive, and rehabilitative devices); Climate change-induced Disability-adjusted life years (DALYs) and beyond.

[embed]Drishtikon: Historical, But Is It Inclusive? Request for an Advisory Opinion of the International Court of Justice on the obligations of States in respect of…sangyan.medium.com

Given the vulnerable communities’ greater exposure, higher sensitivity, and lower ability to adapt (capability deprivation owing to climate change), climate change has cascading and compounding impact on persons with disabilities.

IPCC Report also states that the best way to protect people from climate change is by tackling *“inequities such as those based on gender, ethnicity, disability, age, location and income”*, and thus, the disability community must be considered as the critical stakeholder of the climate justice conversation.

Authored by —

Adv. Abhishek Kumar, Founder and Curator of **The Sangyan | द संज्ञान **and the ‘Build Forward Better’ Campaign. The author can be reached at abhishek.thesangyan@gmail.com