Intervene in International Court of Justice climate change case, government urged

MANILA, Philippines — Supreme Court Senior Associate Justice Marvic Leonen is calling on the government to intervene in the climate change case lodged before the International Court of Justice (ICJ), stressing the need to take action for communities in the country continuously facing the brunt of the climate crisis.

Speaking during the recognition rites of the University of the Philippines (UP) National College of Public Administration and Governance (NCPAG) held recently, Leonen said the government needs to throw its hat into the case, which has gained the support of many countries.

“If we are to remain true to our advocacy for climate justice, being one of the states that stand to be most affected, and also because of the skills we have as lawyers and public rights advocates, we need to intervene in this pending ICJ case for an advisory opinion on climate change,” he said.

Leonen said the ICJ has been asked to give its opinion on the legal consequences of “acts and omissions” of states that have affected the climate system.

Earlier this year, the United Nations general assembly adopted a resolution requesting an opinion from the ICJ regarding the obligations of states on climate changes. Consultations with UN officials led to the current case and the support of other states.

The case was triggered by the adverse effects of climate change experienced by small island nations. The forthcoming opinion of the ICJ is intended to reaffirm the commitment of states under international law to protect the climate system.

The government needs to support the case, considering how the Philippines is one of the many states facing the adverse effect of climate change, according to Leonen.

“We are a nation whose geographical location has made us vulnerable to natural disasters… We are reliant on agriculture and fisheries, to which we must consider the impact of natural disasters both on the livelihoods of our farmers and fisherfolk, and on our own survival as a nation,” he added.

Leonen also challenged the UP community, the NCPAG and the College of Law to be active “public intellectuals” by helping the government with the necessary draft for an intervention.