The International Court of Justice (ICJ) on Wednesday ruled in favour of Malawi and 45 other least developed countries (LDCs), declaring that nations failing to act on climate change will have committed a ‘wrongful act’.
The ruling by the ICJ, established by a United Nations charter in 1945 and based in The Hague, The Netherlands, means that the LDCs and small island nations can now demand reparations for climate change shocks.
Faced with climatic shocks such as cyclones and droughts due to climate change in recent times, Malawi led the 45-member LDC Group on Climate Change in pushing for reparations and climate aid from high-emission countries for the damage suffered due to global warming.
The ruling is in tandem with Attorney General Thabo Chakaka Nyirenda’s arguments as he led the Malawi legal team in the court last December.
In his reaction to the judgement, UN Secretary-General António Guterres said the decision was landmark and clarifies States’ binding legal duties to protect the environment and uphold human rights for vulnerable populations.
“This is a victory for our planet, for climate justice and for the power of young people to make a difference,” he said.
Guterres underscored that for the world’s LDCs, many of which face existential threats from climate change, the ICJ opinion provides a legal foundation to demand reparations, ensure access to finance and technology for adaptation and enforce their rights to a clean, healthy and sustainable environment.
Civil Society Network on Climate Change in Malawi national coordinator Julius Ng’oma described the ruling as important in the fight against climate injustices across the developing world, including Malawi.
“It is an opportunity for Malawi to prepare itself to put forward its case for climate-related loss and damage to developed countries and seek redress. This means Malawi will stand a chance of putting up its case for reparation for losses and damages caused by climate-related events such as cyclones Freddy, Anna and Gombe,” he said.
Ng’oma said the ruling further strengthens the implementation of the Paris Agreement which accords vulnerable countries such as Malawi an opportunity to sue developed countries for compensation on climate change-related loss and damages.
The agreement commits all nations to limit global warming to below 2°C.
In a separate interview, Ministry of Justice spokesperson Frank Namangale welcomed the outcome, saying it reflects the very position Malawi championed during the proceedings.
He said: “Malawi argued that major polluting nations must be held accountable for the disproportionate harm their emissions have caused to vulnerable countries.”
Namangale said the ruling also affirmed the universal human right to a clean, healthy and sustainable environment.
In March 2023, Malawi alongside Mozambique and Madagascar suffered the wrath of Cyclone Freddy, recorded as one of the world’s longest-lived tropical cyclones, which killed over 1 400 people and displaced at least 500 000.
