asymmetrical haircuts

It’s going to be the biggest-ever set of hearings at the International Court of Justice. Instigated by Vanuatu, the United Nations General Assembly has requested an Advisory Opinion on climate change. Now over one hundred states and organisations have weighed in with written opinions. 98 states and 12 international organisations will present their oral arguments from Monday 2 December onwards, for a couple of weeks.

What are they and the judges opining on? Here’s the text:

“(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?”

Some key bits of terminology when it comes to the climate crisis: UNFCC is the United Nations Framework Convention on Climate Change; the Paris Agreement is the UN treaty on climate from 2015; IPPC is the Intergovernmental Panel on Climate Change, the UN body assessing the science (and they briefed the judges the week before the hearings started); COP is the supreme decision-making body of the Convention (see above).

And of course, the hashtag we are enjoying: #AOLetsGO. Has our work ever been more cool? Have apostrophes ever mattered less?

We got Vanuatu’s Special Envoy on Climate Ralph Regenvanu to explain to us why this approach, why this court and to expand on what he has previously said: “The International Court of Justice gives us a platform where we, small island states, could finally overcome the power of wealthy countries, with the authority of international law to finally drive just climate action.”

Like us, Ralph is hopelessly stuck in the music of his youth. His Spotify list includes Bob Marley and Jamiroquai.

During the first week of December, The Hague regularly hosts the annual meeting of the International Criminal Court. This year there were a few main issues on the agenda, but biggest of all – as always – is the court’s budget for the year. 

This year the court asked for a more than 10% increase over last year. But ended up with a lot less. Despite the huge security challenges after a massive hack.

Meanwhile, the court’s President pointed out the existential threat the court faces from one of the permanent members of the UN Security Council. And the president of the Assembly of the States Parties outlined how they had decided to tackle allegations of sexual misconduct by the prosecutor. 

But all that was kind of swept away by the latest news out of Syria. We are keeping a close eye, because there are so many justice initiatives and cases connected to the repressive Assad regime, recently swept away. That’s definitely going to be a theme for 2025.