United Nations members prepare for crucial vote on landmark International Court of Justice climate justice ruling

The United Nations faces a major test of its commitment to climate justice next week as member states prepare to vote on a landmark resolution backing a historic climate opinion issued by the International Court of Justice (ICJ).

The proposed resolution, set for a vote at the UN General Assembly in New York City on May 20, would formally recognise that countries have a legal responsibility to reduce greenhouse gas emissions, including addressing fossil fuel use.

The ICJ’s advisory opinion, published last year after hearings in The Hague, was requested in 2023 by 132 countries without opposition and was widely hailed as a breakthrough for climate-vulnerable nations, especially small island states.

Leading the push is the Pacific island nation of Vanuatu, which has coordinated efforts to draft a resolution aimed at translating the ICJ opinion into practical international action.

Speaking at a recent UN briefing, Vanuatu climate minister Ralph Regenvanu described the earlier UN request for the opinion as “a collective act of multilateral confidence that law can help steer us through the climate crisis”. He called the court’s unanimous findings “a common reference point” for all member states.

Vanuatu hopes to secure support at least equal to the 132 countries that backed the original ICJ request. However, negotiations over the final resolution text have been contentious.

Several provisions from an earlier draft were softened or removed entirely following objections from countries including the United States. References to a “rapid, just and quantified phase-out” of fossil fuels were replaced with broader language urging countries to “transition away” from fossil fuels. Proposals for an international register of climate-related loss and damage were also dropped.

Vanuatu’s climate justice envoy Lee-Ann Sackett, who led negotiations, said the final draft sought to balance ambition with broad political support.

The revised resolution now explicitly states that the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement remain the main forums for global climate negotiations. It also clarifies that the resolution does not assign blame to specific countries or create new legal obligations.

Still, Regenvanu stressed that the resolution is intended to ensure countries comply with existing legal responsibilities identified by the court.

The ICJ opinion is already being cited in climate lawsuits worldwide, with judges increasingly referencing it in climate-related rulings. Diplomatically, however, it has faced resistance. During last year’s UN climate talks in Belém, Saudi Arabia reportedly opposed references to the advisory opinion in negotiation texts.

The issue resurfaced at a fossil fuel conference in Santa Marta, where Regenvanu praised participating nations for advancing what he called the legally and scientifically necessary response to climate change.

For many vulnerable island nations, the stakes go far beyond diplomacy. Tania Romualdo, representing the Alliance of Small Island States (AOSIS), said the resolution is fundamentally about protecting territories, sovereignty and the rights of communities threatened by rising seas and worsening climate impacts.

The upcoming vote is increasingly being viewed as a broader test of the credibility of the international legal system — and of whether global climate commitments can move beyond promises into enforceable responsibility.