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Lanka joins more than 100 petitioners in ICJ case, seeking climate justice
View(s):Sri Lanka joined more than 100 countries and international organisations at what was described as a ‘historic hearing’ by the International Court of Justice (ICJ) in The Hague on who should be largely held responsible for the deteriorating climate crisis.
Attorney General Parindra Ranasinghe, representing Sri Lanka, following up on the country’s written statement and comments submitted under the Ranil Wickremesinghe government, gave details of how “significant harm” had been caused to Sri Lanka due to the emission of greenhouse gases by states. Citing the UNFCCC (United Nations Framework Convention on Climate Change), he argued that the responsibility of states went beyond it and the Paris Agreement, the international treaty signed on climate change in 2016.
The hearing was mooted by Vanuatu initially through the UN General Assembly in March 2023, pointing out the dangers faced particularly by island nations.
The United States, the United Kingdom, Canada, Australia, Norway, China, Russia, Germany, Saudi Arabia, and Kuwait have been identified as the main polluters of the world’s environment due to emissions of greenhouse gases. The ICJ’s 15 judges will assess the obligations of those countries under international law to protect the climate and the environment.
The State of Palestine mentioned at the ICJ that Israel was responsible for climate change through human-made destruction by its war in the region.
The Sri Lankan Attorney General referred to the international conventions on health and the obligation of states to guarantee the right to health. He said that connected to this right to health was the right to a safe, clean, healthy, and sustainable environment, and thereby the right to life.
Mr. Ranasinghe referred to the obligations by states not to allow, knowingly, their territories to be used for acts contrary to the rights of other states. He said this due diligence was a transboundary obligation, which is an independent general principle of international law.
He pointed to international treaty law that forbids states from depriving people of means of subsistence and to avoid “catastrophic repercussions” for the livelihood and economic well-being of the population of countries.
Referring to the Buddha’s teaching quoted by Sri Lankan ex-ICJ judge Dr. Chris Weeramantry, the AG said that the sermon was the first principle of modern environmental law—the principle of trusteeship of the earth’s resources.
“All that we ask is that, in fairness to every state, big or small, a major polluter or not, this court be pleased to clearly define the legal obligations that states have to protect the climate system and other parts of the environment, as well as the legal consequences when these obligations are breached,” Mr. Ranasinghe said.
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