Taking climate activism to the ICJ

Jason Gagame at the Peace Palace. Photo: Ben Wheeler

The International Court of Justice (ICJ) has heard the largest case in its history: to clarify what countries are legally required to do to combat climate change.

The case saw 96 countries and 11 international organisations speaking in the Peace Palace in December. Led at the State-level by Vanuatu, it was initiated through efforts of a group of then- law students, Pacific Islands Students Fighting Climate Change (PISFCC).

The ICJ has been asked to answer two questions: What are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And what are the legal consequences for governments where their acts, or lack of action, have significantly harmed the climate and environment?

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While any decision by the Court would be non-binding advice and unable to directly force wealthy nations into action to help struggling countries, it would be more than just a powerful symbol, since it could serve as the basis for other legal actions, including domestic lawsuits.

The opinion is expected next year.

PISFCC in their own words
Cynthia Houniuhi, PISFCC President (Solomon Islands)

“The oral submissions took a lot of teamwork, but I also wanted to make sure it was personal. There was a lot of pressure to do the movement justice and do it in a way that the International Court could understand. After how many years we had this dream, and now that dream is a reality. ‘Will they actually listen?’
I looked one of the judges in the eyes and I said to myself, ‘This is it; you have their attention.’
And then I went for it.

I remember I made sure to look at all the judges… and I remember at one point, I actually felt that I was intimidating them. I was challenging them. The dynamic shifted from when I felt so small to feeling like I was not scared.

After I finished, I looked back, and I could see tears in Special Envoy Ralph Regenvanu’s eyes. Even an ICJ staff member came to me and whispered that they were so moved by the presentation.

Later, I realised that there was a whole lot of shouting outside, and it made me very emotional walking out and seeing crowds standing in solidarity with the people that are arguing on their behalf, and man, I got emotional as well.”

Belyndar Rikimani, PISFCC Awareness Chair (Solomon Islands)

“We’ve managed to gather support from grassroots, national and international levels in so many ways that we couldn’t have imagined. And here we are in The Hague.

There’s so much emotion! Coming here is very overwhelming with all the media attention for the movement, feeling the love from so many people for the work we’ve been doing for the past five years, and appreciating all small things and the big things that have been happening.

At COP25, it was just me and Solomon [Yeo] with very little knowledge of what we were getting ourselves into. People had such little faith in us back then, asking, ‘Why do these students from the Pacific have such an ambitious campaign?’

“I’m very happy that we’ve managed to overcome all the criticisms and obstacles, reaching out to states, gathering support from civil societies, and having the support for the movement from the public in general.
I am truly grateful to be a part of making history, and for the next generation to learn about climate change and to see what, as young people coming from the Pacific, we can bring to the world.”

Sonia Jit, PISFCC Digital Media Lead (Fiji Islands)

“I have been teaming up and strategising ways to help the global public better understand what’s happening both inside and outside the Court during these historic oral hearings. It’s equally vital that people in the Pacific remain informed and connected.

These hearings are important because, for the first time, the public gained insight into what nations are saying about climate change and their legal obligations. We’ve seen which countries are stepping up and which are trying to shirk their responsibilities.

One standout initiative was the creation of the People’s Petition, an outcome document born from our People’s Assembly. It includes testimonies from 18 witnesses worldwide, highlighting the lived realities of climate change in their communities. This document must reach the judges, and we are working tirelessly to ensure their voices are heard.

It’s been a true team effort. Partners, collaborators, and everyone involved have worked tirelessly to make this campaign impactful.

Despite the stark weather, we’ve brought the Pacific spirit here. Our Witness Stand initiative has been projected onto city streets and displayed on posters across the city centre and subways, amplifying the stories of our people to a wider audience.”

Jason Gagame, PISFCC Photographer and Videographer (Solomon Islands)

“It has been an incredible journey documenting the events and relating the stories and on our media every day. I’ve learned a lot from the other media organisations and the work they do as well.

For me, photography plays an important role in communicating the key messages of the campaign itself, and it has been a very important aspect of the work that the organisation has been doing over the years. It tells a huge story.

It’s been incredible for me to be at these hearings and be part of this historic event that has unfolded over these past two weeks.

Over the last five years, we have all been supportive of this cause: the Pacific Island students, the citizens of the Pacific Island nations, and my fellow youths in the Solomon Islands. I just want to make it clear that they have all been part of this journey.

It wasn’t an easy job, but all these people have played a part in all of the processes that have unfolded so far.”

Vishal Prasad, PISFCC Director (Fiji Islands)

“The Pacific is at the ICJ!
Seeing the whole Pacific family show up has been the strength that has carried us through the hearings. For all the youth from the Pacific, it has been an emotional moment to be in the Great Hall of justice, finally after so many years of campaigning.
AO let’s Go!”