The hearings have become a rallying point for countries disproportionately affected by global warming, including Bangladesh, Vanuatu, and Nepal
In the ongoing climate hearings at the International Court of Justice (ICJ) in The Hague, Bangladesh has joined the international outcry against major polluters and criticized the “grave” injustice faced by vulnerable countries including it due to climate change impacts.
It comes as the hearings have become a rallying point for countries disproportionately affected by global warming, including Bangladesh, Vanuatu, and Nepal.
Bangladesh has urged the world’s highest court to recognise climate change as a violation of laws between nations, as the landmark hearings enter their final week.
Renowned human rights lawyer Payam Akhavan served as legal counsel to both Bangladesh and the Commission of Small Island States at the climate hearings on December 2, delivering a compelling argument at the ICJ.
The hearings that started on December 2 are schedule to end on Friday in The Hague, Netherlands. They come just a week after the conclusion of the COP29 climate summit in Azerbaijan, where the decision by wealthier nations to provide $300 billion a year in climate finance by 2035 provoked anger among developing nations. Many argued that this amount was grossly insufficient to meet their pressing needs.
At The Hague, the court will also hear from a range of countries, including the US and China, as well as representatives from the oil-producing group OPEC. The hearings will last until December 13, with the ICJ’s advisory opinion expected in 2025.
Akhavan emphasized that climate change is not only an environmental crisis but also a human rights issue. “It is deeply unfair that countries like Bangladesh, which have contributed the least to global emissions, are paying the highest price, forced to make enormous investments to adapt to catastrophes caused by high-emitting states,” he told the court.
Sohanur Rahman, a climate justice campaigner and executive coordinator of YouthNet Global, described the hearings as a turning point for climate-vulnerable nations.
“For decades, countries like Bangladesh have suffered from the reckless actions of the biggest polluters. This is a moment of hope and accountability—a chance for the world’s most vulnerable to demand justice for the losses we endure daily,” Rahman said.
The ICJ proceedings, initiated by Vanuatu and supported by numerous developing countries, seek to clarify the legal obligations of high-emitting nations under international law. The court is examining whether richer states must compensate poorer, climate-affected nations for the damage caused by their historic emissions.
In its statements, Nepal underscored the “duty of assistance” under the Paris Agreement, arguing that developed countries are obligated to provide financial resources for mitigation and adaptation in the most vulnerable nations. Suvanga Parajuli, under-secretary at Nepal’s Ministry of Foreign Affairs, called for “compensatory climate justice” rather than charity, holding developed nations collectively responsible for their historic emissions.
The ICJ’s advisory opinion, though non-binding, is expected to have significant moral and legal implications. It could strengthen the case for holding high-emitting countries accountable and pave the way for a more equitable global climate framework.
Bangladesh, with its low emissions yet high climate vulnerability, stands as a stark example of the inequities of the climate crisis. As the country battles rising sea levels, frequent flooding, and severe erosion, its participation in these hearings represents a crucial step toward achieving climate justice.
The ICJ’s opinion will offer guidance on the legal responsibilities of nations, potentially reshaping global efforts to address climate change and the rights of the world’s most affected populations.
