Philippines at the ICJ: Climate Change Is a Crisis of Human Rights and International Peace
THE HAGUE 03 December 2024 — The Philippines addressed the International Court of Justice (ICJ) today in one of the most consequential proceedings in the Court’s history, asserting that the climate crisis is not merely an environmental challenge, but a profound threat to human rights and international peace and security.
A record-number of Parties are participating in ICJ proceedings this week to address the legal obligations of nations in combating climate change and its impacts on vulnerable communities and nations.
The Philippines is one of the 91 countries that filed Written Statements, 67 countries that submitted written comments, and 97 States and 11 international organizations delivering oral statements that started on 2 December 2024 and will run until 13 December 2024.
Secretary Enrique Manalo hailed the ICJ advisory proceedings “as a critical step in advancing a rules-based international order, as it responds to the multidimensional impacts of climate change.”
“Climate change is not just an environmental crisis—it is a justice issue, a human rights issue, and a peace and security issue,” said SFA Enrique Manalo. He expressed confidence that the ICJ’s advisory opinion, expected sometime in 2025, will be “instrumental in catalyzing a global response that upholds equity & accountability, and reforges international solidarity in climate action.”
Citing that the Philippines was among over a hundred states that supported the UN General Assembly resolution that requested the ICJ advisory opinion, SFA Manalo stressed that the ICJ advisory proceedings complement diplomatic efforts, including negotiations in the context of the UN Framework Convention on Climate Change, with a robust legal framework for effective global climate action.
The Philippine statement called on the ICJ to provide clear legal guidance that affirms States’ obligations to mitigate climate change, protect human rights, and safeguard international peace and security.
“This is a moment for the international community to unite and act decisively. The ICJ’s opinion will provide the moral and legal clarity needed to confront the greatest challenge of our time,” added Secretary Manalo.
“The Philippines is committed to shaping a global framework that ensures justice for those most affected by the climate crisis and secures a sustainable future for all,” Secretary Manalo concluded.
The ICJ proceedings, initiated based on United Nations General Assembly Resolution 77/276 adopted in 2023, sought the Court’s authoritative guidance on the two questions: what the obligations of States under international law are to ensure the protection of the climate system and environment from anthropogenic greenhouse gas emissions for present and future generations; and what the legal consequences of state actions or omissions are that have caused significant harm to the climate system, particularly for Small Island Developing States and vulnerable populations.
A Crisis Beyond the Environment
The Philippines’ oral statement, delivered by Solicitor General Menardo Guevarra, Philippines’ Permanent Representative to the UN in Geneva Carlos Sorreta, and Philippine Ambassador to the Netherlands Jose Eduardo Malaya, underscored that climate change is a multidimensional crisis that jeopardizes lives, undermines fundamental human rights, and destabilizes international peace and security.
Ambassador Jose Eduardo Malaya opened the statement, emphasizing the existential nature of the climate crisis, particularly for vulnerable nations like the Philippines.
The Philippines ranks high in climate risk globally yet contributes only 0.3% of global emissions. This disparity highlights the unequal burden borne by nations like the Philippines, where intensifying typhoons, heatwaves, and rising sea levels threaten lives and livelihoods.
Solicitor General Menardo Guevarra emphasized that climate change is not an abstract challenge, but a daily reality for vulnerable and developing countries. He cited recent events, including seven consecutive typhoons in late 2024, that left thousands displaced and inflicted widespread damage, and highlighted the increasing frequency and intensity of typhoons, owing to climate change. He also emphasized that, as typhoons have intensified, dry months have also meant more severe drought: “When we are not being drenched, we are being scorched.”
Climate Change and Human Rights
The Philippines also argued that the human rights implications of climate change are undeniable. Ambassador Sorreta highlighted that the climate crisis disproportionately affects marginalized and resource-limited communities, undermining fundamental rights enshrined in the Universal Declaration of Human Rights and the International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights.
Citing jurisprudence such as Urgenda v. Netherlands and Future Generations v. Colombia, the Philippines called on the ICJ to affirm that States have a duty to prevent foreseeable human rights harms caused by climate change, ensure accountability, and provide remedies for affected populations.
A Threat to International Peace and Security
The Philippines also emphasized the grave implications of climate change for global peace and security. Rising sea levels threaten the territorial integrity of low-lying and island nations, potentially triggering disputes over sovereignty and boundaries. Resource scarcity, forced migration, and extreme weather events further destabilize regions and exacerbate conflicts.
Ambassador Sorreta argued that the United Nations Charter, as a living document, obligates States to address these threats. Climate change is a destabilizing force that undermines the very foundations of peace and security. The ICJ has a crucial role in affirming that States must act to mitigate these risks.
The Philippines urged the ICJ to interpret the UN Charter and related legal instruments as evolving frameworks that account for contemporary challenges like climate change.
State Responsibility and Legal Accountability
Solicitor General Guevarra emphasized the principle of State responsibility, asserting that States contributing to the climate crisis through acts or omissions must be held accountable under international law. The duty of due diligence and the obligation to prevent transboundary harm are well-established principles. States cannot evade accountability for actions that harm the climate system and disproportionately affect vulnerable nations. The Philippines also highlighted the need for reparative mechanisms to address the harm caused by climate change.
A Legacy of Advocacy
The Philippines’ participation in the ICJ proceedings builds on its longstanding commitment to climate justice. The country was among the first to recognize climate change as a threat to humanity and has actively engaged in multilateral forums, including the UN Human Rights Council and the UNFCCC Conference of Parties, as well as the International Tribunal for the Law of the Sea (ITLOS) advisory proceedings on climate obligations under UNCLOS. The Philippines also participated in the oral proceedings of the ITLOS in September 2023. In May 2024, ITLOS issued its Advisory Opinion affirming, among others, that anthropogenic GHG emissions constitute marine pollution under UNCLOS. It also cited the South China Sea Arbitration Award of 12 July 2016 as authoritative in key parts of the Advisory Opinion. END