Page 29 - IB December 2024

MSG Spearheads Fight in Landmark ICJ Climate Change Case

MSG’s Lead Legal Counsel & head of Political, Legal & Security Affairs Deputy Director General of the MSG Secretariat, Dr. Greg Nimbtik (R) seated next to Mr. Kiloe and the rest of the Vanuatu delegation. Representatives from MSG, Vanuatu, Blue Ocean Lawyers & AOSIS after their submission. Photos: ICJ
Programme, Mr. Ilan Kiloe.
By Ana Tudrau-Tamani In return, he stated, they ask only that we bring their voices to this “Yet today, we find ourselves on the frontlines of a crisis we did not Similarly, the Attorney General of Fiji, Graham Leung, explained to
great hall of justice, so that the Court can understand what they are create, a crisis that threatens our very existence, and that of so many the Court that the entire corpus of international law should be applied
In a historic occasion for the Melanesian Spearhead Group (MSG) going through and how much they have lost. other people who have come in unprecedented numbers to be heard to determine legal obligation of states. He stated, “International law
to amplify the Pacific’s call for climate justice, the sub-regional bloc’s Melanesia, he said, is a tapestry of diverse people, each with their by this Court,” he stated. requires states to ensure that activities within their borders do not
Secretariat had the rare privilege of joining Vanuatu, to open the own rich cultures, languages and traditions. “A handful of readily identifiable states have produced the vast cause harm to other states. States have a duty to prevent harm,
momentous International Court of Justice (ICJ) Advisory Opinion on “We are placepersons which means we are the places, we are majority of current and historic greenhouse gas emissions. Yet protect the right to self-determination and basic human rights, and
Climate Change proceedings on 2 December, 2024. the landscapes, we are the waters and we are the soils, we are other countries, including my own, are suffering the brunt of the ensure a livable future for all.” He asked the Court to declare that
Following months of preparation of legal submission, the ICJ oral the stones, we are the flora and the fauna, we are the weather, the consequences.” failing to act on these obligations violates international law.
hearing commenced just a week after developing nations denounced seasons and the spirits of our ancestral territories. Our people cannot Attorney General of Vanuatu, Arnold Kiel Loughman, said that as Solomon Islands Attorney General, John Muria Jnr, echoed similar
a deal at COP29 in Baku, Azerbaijan, saying that the provision of be separated from their environment. principal legal officer of his country, he stood before the Court since sentiments, highlighting the vulnerabilities of Solomon Islands as a
US$300 billion a year in climate finance by 2035 was insufficient and “Yet now across our sea of islands, climate change has imperiled domestic legal remedies are unable to address a crisis of this scope small island developing state suffering the severe impacts of climate
a far cry from the suggested US$1 trillion a year. our people’s physical survival and ripped apart the integral relationship and magnitude. change.
During their joint opening submission, MSG and Vanuatu argued between people and place that grounds our very existence. Simply Under international law he said, states have obligations “to act Mr. Kiloe appeared alongside Vanuatu’s Special Envoy for Climate
that countries with major greenhouse gas emissions should be put, climate change has unraveled the fabric of our very lives,” he with due diligence to prevent significant harm to the environment, to Change & Environment, Ralph Regenvanu, and Attorney General
held liable and recompense for the damages of climate change on stated. reduce the emissions and provide support to countries like mine to Arnold Kiel Loughman. They were joined by international legal experts
countries most affected, in particular the Pacific region, home of the The Court was asked to read the testimonies of Melanesian protect the human rights of present and future generations.” on climate change, including Professor Margaretta Weweinke-Singh
largest sub-region. people with great care to better understand what climate change The stakes he said, could not be higher adding that, “The survival from the University of Amsterdam, Professor Jorge E. Vinuales from
Melanesia boasts almost 50% of the EEZ, the largest population means for them, including the concrete impact on their right to self- of my people and so many others is on the line.” Cambridge University, Mr. Julian Aguon, Principal of Blue Ocean
(86%), land mass (98%), GDP (91%) and by some accounts, close to determination. In another historic gesture, and in recognition of the work of the Lawyers (an international law firm representing Vanuatu, MSG), and
90% of the natural resources per se within the Pacific Islands Forum Mr. Kiloe explained that self-determination is at the heart of MSG’s Pacific Islands Students Fighting Climate Change (PISFCC), an Cynthia, the President of the Pacific Islands Student Fighting Climate
area. mission, stemming from the fact that each of the MSG states emerged NGO comprising a young generation of climate warriors, the MSG Change (PISFCC), who initially started this campaign for climate
MSG’s submission to the ICJ focused on climate change and from colonial rule less than 50 years ago. However, climate change is Secretariat included in its delegation its President, Ms. Cynthia justice.
its nefarious impact on customs and traditions, biodiversity, and now robbing them of their hard-won self-determination. Houniuhi, and accorded the PISFCC the privilege to address the The MSG Secretariat acknowledges Blue Ocean Law, a progressive
youth and children, threatening the very livelihood of our people. “More generally, the injustice of the climate crisis is inseparable Court through the MSG platform. firm that operates across Oceania in the areas of indigenous rights
Additionally, it was aligned to add value to the national submissions from our shared colonial histories. The majority of the greenhouse Ms. Houniuhi captivated the Court with her powerful testimony of and environmental justice. This acknowledgment includes Mr. Aguon,
by MSG members, representing the collective interests of the gas emissions can be attributed to the conduct of a few readily how the initiative started, and what the ICJ proceedings mean for Professor Weweinke-Singh, Ms. Fleur Ramsay, Ms. Autumn Bordner,
Melanesian sub-region. identifiable states, some of which colonized and exploited the land, the future generations, further reinforcing MSG’s submission on the Mr. Rohan Nanthakumar, and Ms. Watna Mori.
The event also marked the culmination of months of collecting the resources and the people of Melanesia. The conduct responsible impact of climate change on youth and children. Under the overall leadership of the Director General, Leonard
harrowing testimonies from across communities in Melanesia— for this existential harm cannot, and I repeat, cannot be lawful under “Those who stand to lose are the future generations; their future Louma, OBE, the Secretariat was directed by MSG Leaders during
stories of struggle and sacrifice—in a desperate bid to survive against international law,” he concluded. is uncertain, reliant upon the decision-making of a handful of large- their meeting in August 2023 in Port Vila, Vanuatu, to participate in the
the harsh realities of climate change. From extreme weather events, The argument on self-determination was central to the submission emitting states which are responsible for climate change. These states ICJ AO proceedings and to support submissions by MSG members.
disruption of the food system, and coastal inundation due to storm of Small Island Developing States (SIDS). It was advanced to ground have not only enabled but proactively encouraged the production and The MSG Secretariat delegation to the ICJ comprised the Deputy
surges, abnormally high tides, and sea level rise, to the relocation of obligation on historical emission and to counter submissions from consumption of fossil fuels and continue to do so today,” Ms. Houniuhi Director General, Dr. Gregoire Nimbtik as Head of Delegation; Mr. Ilan
entire villages, among others, it is clear that for Melanesia and the biggest emitters who contended that other sources of international said. Kiloe; and Legal Officer, Mr. Brittien Yosef.
Pacific, it is entirely a matter of survival. law does not apply and that obligation of states should be strictly MSG member states reinforced this contention in their submission The Court’s opinion, expected to be delivered in 2025, will clarify
Mr. Ilan Kiloe, MSG’s Lead Legal Counsel and head of Political, assessed based on the UNFCCC and the Paris Agreement that only to the Court. the legal responsibilities of states in relation to climate change and
Legal & Security Affairs programme, eloquently conveyed an came into force in 2016. Dr. Eric Kwa, Secretary of the Department of Justice and Attorney potentially strengthen legal foundations to urgent action resulting in a
important message to the Court, on behalf of the Melanesian people, Vanuatu’s Special Envoy for Climate Change & Environment, Mr. General of Papua New Guinea, explained to the Court that climate major reform of global climate governance.
when he stated, “We have collected 35 testimonies from across Ralph Regenvanu stated, “Our peoples have built vibrant cultures change undermines the right to self-determination, cultural rights,
Melanesia; through these testimonies, our people share the sacred and traditions over millennia that are intimately intertwined with our and the sovereignty of Small Island States. These rights are protected Mrs. Tamani is in charge of Media & Communications at the MSG
knowledge, their sacrifice, their sufferings and their grief.” ancestral lands and seas. under the UN Charter and Customary International Law, and must be Secretariat.
applied accordingly.

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