
Amicus curiae to the ICJ: Protecting Environmental Defenders Under Human Rights Law
Last year, in March 2023, the UN General Assembly adopted a consensus resolution requesting an advisory opinion from the International Court of Justice (ICJ) on states' obligations regarding climate change.
The resolution of the General Assembly requests the ICJ to provide guidance on: a) the scope of international obligations for the protection of the climate and the environment from anthropogenic emissions of greenhouse gases for States and present and future generations and b) the legal consequences under these obligations for States that have caused significant harm to the climate and the environment. The latter concerns states that are significantly affected or particularly vulnerable and peoples and individuals of the present and future generations affected by climate change.
Given the importance of this process before the Court, we presented an amicus brief together with six partner organisations, the Robert F. Kennedy Human Rights (RFKHR), the Centre for Human Rights of the University of Pretoria, Amazon Watch, Red Latinoamericana y del Caribe para la Democracia (REDLAD), ARTICLE 19: Global Campaign for Free Expression, and the International Service for Human Rights (ISHR).
The brief analyses the issue of protecting environmental defenders under human rights law. In particular, it provides the Court with jurisprudence from various regional and international legal authorities, seeking to contribute to the analysis and progressive protection of environmental defenders.
Additionally, given the critical role defenders play in addressing the climate emergency, the brief requests the Court to further clarify the relationship between States' duties to protect environmental defenders and their obligations concerning climate change. Thus, this brief seeks to cover important gaps in legal protection at the international level, providing guidance on crucial matters that the ICJ should consider in its Advisory Opinion.
This historic process before the ICJ will help clarify states' human rights duties while simultaneously advancing international standards regarding the climate emergency. The Court has an important opportunity to confirm the vital role of human rights treaties in the fight against climate change.
You may read the Amicus Curiae Brief here: