The International Court of Justice (ICJ) has confirmed that states have binding legal obligations under international law to prevent climate harm and protect present and future generations.

The Australia Institute notes this historic ruling as a major step forward in global climate accountability.

Australia supported the United Nations resolution to seek this advisory opinion but argued before the court that states have no legal obligations on climate change beyond those contained in existing agreements like the Paris Agreement.

In its submission, the Australian government claimed it holds no historical responsibility for climate change and rejected the application of broader customary international law — such as the no-harm principle — to greenhouse gas emissions.

“Australia cannot have it both ways — claiming leadership in international forums while undermining it in others,” said Polly Hemming, Director of the Climate & Energy Program at the Australia Institute.

“This ruling puts countries like Australia on notice. We have legal obligations — not just moral ones — to stop fueling the climate crisis.

“The ICJ’s opinion reinforces the principle that climate inaction is not just a political failure, but a breach of international law — with consequences. As global courts, legislatures and communities move to hold governments accountable, Australian governments and senior public servants are advised to prepare for the rising tide of legal, diplomatic and economic repercussions.

“In many ways, it’s clear our governments are already aware of this.

“Whether it’s fossil fuel expansion, greenwashing, or targeting whistleblowers and protestors — these actions aren’t about national security. They’re about fear. If the government weren’t scared of scrutiny, it wouldn’t be trying to suppress it,” Polly Hemming said.

“The ICJ has spoken. The question is whether Australia will act.”