Climate Envoy Kathy Jetnil-Kijiner delivered a statement at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, Germany late last month on behalf of the Pacific Community (SPC).
The testimony was delivered in front of the 21 judges of ITLOS and included testimony from the Director of SPC’s Geoscience, Energy and Maritime Division Rhonda Robinson.
SPC was the only organization from the Pacific requested by ITLOS to present an oral statement as part of the Tribunal’s proceedings, which will end in the handing down of an advisory opinion on state obligations to protect and preserve the marine environment from climate change. This work was done at the request of Pacific member states to present objective science to show the existing and future impacts of climate change. Pacific engagement in this work was also supported by the Commission of Small Island States on Climate Change and International Law and other Pacific members.
The legal opinion is expected in the coming months and will be instrumental for Pacific countries in their work towards presenting a case at the International Court of Justice in 2024.
On March 29, the UN General Assembly adopted by consensus a resolution requesting an advisory opinion from the International Court of Justice on the obligations of States in respect of climate change, with most speakers hailing the move as a milestone in their decades-long struggle for climate justice.
The International Court of Justice is the principal judicial organ of the United Nations, entrusted with settling legal disputes between states. Recognizing the urgent global issue of climate change and its devastating impacts on vulnerable nations, the General Assembly sought an advisory opinion from the International Court of Justice in March this year. The aim is to clarify the legal obligations of states in addressing climate change and its consequences, particularly regarding the rights and interests of vulnerable nations.
The representation at ITLOS supports this initiative and is a critical step towards ensuring the best available science and information is informing decision-making based on the realities Pacific communities are facing, as emphasized by Kathy in her statement. She also spoke on the need to listen to the science and realities of communities on the ground, noting that Marshallese communities are already facing the impacts of climate change on their homes and families.
“This causes violence to our innate connection to the marine environment on which our culture and livelihoods rely, that is why we need the global community to act not just for us but for our entire planet as we may be one of the first countries witnessing these impacts, but we won’t be the last,” she said.
SPC’s Director Robinson spoke to the science on ocean warming, acidification and what the predicted sea level rise impacts are as a result of greenhouse gas emissions.
“Displacement of these communities poses significant human rights challenges,” she said. “We consider that an appropriate response to this threat can only be achieved if the experience of those who are the most impacted are given voice and prominence to inform of the realities on the ground thus soliciting the necessary urgent action. The prioritization of these populations is critical.”