CLIMATE DISPLACEMENT IN THE ICJ’S ADVISORY OPINION

The article analyzes the International Court of Justice’s (ICJ) 2025 Advisory Opinion on climate change and its limited treatment of climate-induced displacement. While the ICJ acknowledges that sea level rise and climate impacts can lead to displacement especially for Small Island Developing States (SIDS) it does not fully address the legal consequences or provide a clear framework for protection.

The piece criticizes the Court’s failure to integrate displacement with issues like statelessness, international cooperation, and especially Loss and Damage, despite existing mechanisms under the Paris Agreement, the Warsaw International Mechanism, and the Loss and Damage Fund.

It compares the ICJ’s narrow approach with the Inter-American Court of Human Rights, which more comprehensively links climate displacement to human rights and loss and damage frameworks. The article calls for stronger legal guidance to protect displaced persons and ensure justice in the face of climate-related threats.