ICJ Opinion and UN Resolution Turbocharge Climate Litigation

Activists hoping the opinion from the ICJ’s judges will have far-reaching legal consequences in the fight against climate change Image: Peter Dejong/AP Photo/picture alliance

The biased Advisory Opinion came down from ICJ a year ago. At the time I posted of how narrow-minded was the decision process.  For example, this from perplexity.ai:

Question: How did the ICJ address scientists disputing IPCC reports like Clintel in its climate advice?

Answer: The International Court of Justice (ICJ), in its advisory proceedings on climate change, did not address or give consideration to scientists or groups—such as Clintel—who dispute the findings of the IPCC. Instead, the ICJ relied heavily and explicitly on the IPCC as the authoritative source on climate science throughout the process.

Key points from the available evidence:

  • The ICJ held a private meeting with IPCC scientists just before hearings began, reflecting the Court’s view of the IPCC as the “scientific pillar” of the climate change regime1.

  • This meeting was not part of the formal, public hearings and did not include scientists who dissent from the IPCC—states and organizations participating in the advisory proceedings had no opportunity to question or respond to IPCC scientists1.

  • The process was criticized for lacking transparency and procedural fairness precisely because it favored a single scientific perspective (the IPCC’s), with no indication that alternative scientific viewpoints were admitted or reviewed1.

  • The UN General Assembly’s request for the advisory opinion itself referenced the “utmost concern [for] the scientific consensus expressed” in the IPCC reports, reinforcing the Court’s mandate to treat the IPCC’s findings as the foundation for its analysis13.

  • Available commentaries and summaries of the ICJ process do not mention any engagement with scientists or organizations disputing IPCC conclusions, nor do they report that groups like Clintel were referenced or invited as experts13.

  • While the ICJ has, in rare past cases, consulted technical experts informally, in this climate case it only announced consultation with IPCC figures, reinforcing the exclusion of dissident scientific voices19.

In summary, the ICJ’s approach gave exclusive scientific authority to the IPCC and provided no forum, reference, or weight to scientists disputing its reports, such as those from Clintel13. The Court did not discuss or acknowledge the existence of such scientific disagreement in its process, instead treating the IPCC’s consensus as fact. This approach has been criticized for its lack of transparency and its failure to incorporate procedural safeguards for alternative scientific views19.

Neverthless, the ICJ AO prompted headlines like these:

Top UN court says countries can sue each other over climate change, BBC

Legal experts say International Court of Justice ruling provides ‘a clear blueprint to hold major emitters accountable’ The Indiependent

Opened the door for countries to sue each other over impacts of climate change, phys.org

Nations Can Sue Each Other Over Climate Inaction Under International Law, Daily Guardian

Etc., Etc. Etc.

Now on May 20, 2026 the UN General Assembly passed a resolution affirming the ICJ and suggesting implementation.

UN General Assembly ADOPTS resolution welcoming the advisory opinion of the International Court of Justice on the obligations of States in respect of climate change

RESULT
In favor: 141
Against: 8
Abstain: 28

Activists gloss over the fact that neither the ICJ Opinion nor the UN Resolution are binding, even though it’s expected for them to be referenced in all the climate warfare going on now, and soon to explode.  Thus it is important to look into the vote and the implications from those who opposed, abstained, or were absent

The table below lists the Authors, those Against, Abstained, Absent and Notables Voting for:

Authors (62) Against (8) Abstained (28) Absent (15) For (79 + 62)
Andorra Belarus Algeria Azerbaijan Notables
Angola Iran Argentina Benin Australia
Antigua and Barbuda Israel Bahrain Bolivia Austria
Armenia Liberia Brunei Central African rep Belgium
Bahamas (The) Russia Czechia Dem Rep Korea Brazil
Bhutan Saudi Arabia Quatorial NG Dominica Canada
Bosnia and Herzegovina United States Eritrea Eswatini China
Bulgaria Yemen Ethiopia Kiribati Denmark
Burkina Faso Gambie Madagascar Egypt
Cabo Verde India Nicaragua Hungary 
Chile Iraq Serbia Indonesia
Colombia Kazakhstan Trinidad Tobago Ireland
Congo Kuwait Turkmenistan Italy
Costa Rica Lesotho Uzbekistan Japan
Croatia Libya Venezuela Malaysia
Cyprus Namibia Mexico
Czechia Nigeria New Zealand
Djibouti Oman Norway
Dominican Republic Pakistan Poland
Ecuador Paraguay Singapore
Equatorial Guinea Qatar Sri Lanka
Fiji South Africa Somalia
Finland Sudan Sweden
France Syria Thailand
Georgia Tunisia Uganda
Germany Turkiye UAE
Greece Tanzania UK
Guatemala Zimbabwe Viet Nam
Honduras
Jordan
Kenya
Latvia
Lebanon
Luxembourg
Maldives
Mali
Malta
Marshall Islands
Micronesia Fed States
Monaco
Montenegro
Morocco
Netherlands
Nigeria
North Macedonia
Palau
Panama
Peru
Portugal
Qatar
Republic of Korea
Romania
Samoa
Senegal
Slovakia
Slovenia
Spain
Switzerland
Togo
Ukraine
Uruguay
Vanuatu

Those who voted against or abstained are likely to refuse recognizing the authority of ICJ and UN in this matter.  In addition some of those absent are also “makers” of hydrocarbon fuels and will oppose the many nations wanting to be “takers” benefiting from the legal circus coming to town.  Many of the Notables voting for are likely to be defendants in this lawfare, especially if they were stupid enough to legislate emissions reduction targets.

Background Post

ICJ Issues Biased Advice on Climate Change

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