The International Court of Justice (ICJ), the principal judicial organ of the United Nations, commenced hearings Dec. 2 on the obligations of states concerning climate change. The oral proceedings are scheduled to run for nine days at the Peace Palace in The Hague, Netherlands.

The request for an advisory opinion from the ICJ was submitted in March 2023, following the unanimous adoption of Resolution 77/276 by the UN General Assembly. The resolution sought the court's guidance on the obligations of sates to "ensure the protection of the climate system…for present and future generations," and the legal implications of "acts and omissions [that] have caused significant harm to the climate system." The second question especially addresses the international community's legal responsibilities to small island developing States, which are disproportionately threatened by the adverse effects of climate change.

Three Pacific island nations have proposed that ecocide become a crime under international law, which would see the International Criminal Court (ICC) prosecute cases of environmental destruction alongside war crimes and genocide. The Sept. 9 move by Vanuatu, Fiji, and Samoa is unlikely to see fast results but is expected to force ICC member states to at least consider the problem. The initiative could one day lead to company leaders, or even nations, facing prosecution. However, ICC member states notably those do not include China, Russia, India or the United States.

The president of the Fourth International Conference of Small Island Developing States (SIDS), Gaston Alphonso Browne, accused wealthy nations of empty climate pledges on May 27, referring to a lack of financial help to developing countries, along with the inadequacy of carbon emission reduction efforts. The summit, entited "Charting the Course Toward Resilient Prosperity," was hosted by Antigua & Barbuda, where Browne serves as prime minister. Browne blasted developed nations for failing to meet their "obligation to compensation" to the SIDS nations. This refers to the annual $100 billion that was agreed to under the 15th Conference of Parties (COP15) of the United Nations Framework Convention on Climate Change (UNFCCC) in 2009 and reiterated in the 2015 Paris Agreement.

Some 1,500 advocacy groups from over 130 countries have formed a global alliance to support a Vanuatu government proposal seeking an advisory opinion from the International Court of Justice on climate change. The government plans to put the proposal to the UN General Assembly for a vote later this year. Prime Minister Bob Loughman said the Pacific Island nations can't survive if rich corporations and governments continue to put profits ahead of people and the planet. Addressing members of the new International Court of Justice Advisory Opinion (ICJAO) coalition, including the Climate Action Network, Greenpeace Australia Pacific and 350 Pacific, he said: "The climate crisis is a human rights crisis. Civil society and friends, this is not a crisis that I or my people will continue to accept; not before we have done everything within our powers to stop it. We, the smallest nations of the world do have power." (Climate Action Network International, Radio New Zealand)

The South Pacific nation Vanuatu announced Sept. 25 its intention to seek an advisory opinion from the International Court of Justice on the rights of present and future generations to be protected from the adverse consequences of climate change. Speaking at the UN General Assembly, Vanuatu's Prime Minister Bob Loughman warned that the climate crisis is "increasingly eluding the control of individual national governments," and stressed the need for a global solution. The announcement set out his government's plan to coordinate the efforts of Pacific Island states and other vulnerable nations to seek clarification on the legal duties of large emitters of greenhouse gases. Its immediate goal is to establish a Pacific states coalition to drive the initiative.

A powerful storm that ripped across four Pacific Island nations this week raises an uncomfortable question for humanitarians on coronavirus lockdown: how do you respond to a disaster during a global pandemic? Cyclone Harold—the first Category-5 storm to make landfall in the Pacific since the World Health Organization declared the coronavirus a pandemic in March—tore through parts of the Solomon Islands, Vanuatu, Fiji, and Tonga. The storm swept 27 people on a ferry overboard in the Solomon Islands; parts of Vanuatu's northern islands saw extensive damage; some 6,000 people were evacuated in parts of Fiji; and Tonga's 'Eua Island was "devastated," the government said.

In an independence referendum that drew record numbers to the polls Nov. 4, voters in the South Pacific archipelago of New Caledonia voted 56 to 44 percent to remain a French territory. The referendum marked a major milestone in an independence movement that has spanned decades. Political leaders initially agreed in 1988 to hold a vote on independence after a 10-year period of economic and social development. Subsequent negotiations extended the deadline to the end of the 2014-2018 session of the New Caledonian Congress. The final details were settled this past spring when legislators adopted eight criteria to determine who would be eligible to participate in the referendum.

The 18 member states of the Pacific Islands Forum held their 49th summit in Nauru, issuing a statement (PDFi) Sept. 6 asserting that "climate change presents the single greatest threat to the livelihood, security and wellbeing of Pacific people." The leaders "reaffirmed the importance of immediate urgent action to combat climate change" and committed "to ensure effective progress on Pacific priorities with regards to the Paris Agreement" through the development of a guide. Leaders at the Forum also urged all countries to comply fully with their commitments to mitigate emissions, "including through the development and transfer of renewable energy," within their committed timeframes. The leaders also "called on the United States to return to the Paris Agreement on Climate Change."