Namibia pushes for accountability for major polluters
World’s top court hears historic climate crisis case
Namibia has joined 100 nations in a landmark ICJ case to seek accountability for nations most responsible for the climate crisis.
Namibia on Monday asked the International Court of Justice (ICJ) to determine that the obligations of countries historically and currently most responsible for the climate crisis should not remain merely aspirational but become legally binding.
Namibia presented its arguments in The Hague, Netherlands, in what is being described as the largest-ever case in the ICJ’s history.
The case involves nearly 100 countries, including Namibia, and is being heard by 15 judges.
A group of small island nations led by Vanuatu spearheaded the international legal effort to get the world’s top court to hold the major greenhouse gas-emitting countries accountable for failing to tackle climate change.
"We find ourselves on the front lines of a crisis we did not create, a crisis that threatens our very existence," Ralph Regenvanu, Vanuatu's special envoy for climate change and the environment, told the court.
The island nations argue that just a few countries are responsible for the “vast majority” of historic and current greenhouse gas emissions, while nations that emit very little face the brunt of the consequences.
They are seeking the court’s legal opinion on two questions: What are the obligations of governments under international law to protect the planet’s climate system and environment? And what are the legal consequences for countries that have caused significant harm to the climate, environment and people?
The hearings began a week after developing nations condemned as woefully inadequate the outcome of the COP29 summit, where richer countries agreed to provide US$300 billion in annual climate finance by 2035 to help poorer nations cope with climate change.
Science ‘undeniable’
Namibia has been actively engaged in these proceedings and successfully filed its written statement in March and written comments on 14 August.
The final step in these proceedings was for states to present oral hearings, which were scheduled for 2 to 13 December.
The justice ministry said that the Cabinet of Namibia approved Namibia’s participation.
Namibia's ambassador to Belgium and the European Union, Dr Mekondjo Kaapanda-Girnus, delivered the introductory statement on behalf of the country.
“The science is undeniable. Greenhouse gases cause rising temperatures and greater evaporation, stretching water resources to their limits while intensifying droughts," Kaapanda-Girnus said.
She underlined that for every 1 degree Celsius increase in temperature, water resources could diminish by 20%.
She emphasised that for Namibia, limiting the global temperature rise to 1.5 degrees Celsius rather than 2.5 degrees above pre-industrial levels is crucial for survival.
“Namibia is already the driest country in Sub-Saharan Africa and is getting drier still," she said.
Human rights issue now
She added that since 2016, extreme droughts have forced Namibia to declare multiple states of emergencies, including as recently as May.
Kaapanda-Girnus underlined that unless action is taken now, Namibia will become completely arid and enter into a permanent climatological state in which droughts will become a regular feature.
“Namibia also stands before you to protect the human rights of Namibian people, present and future,” Kaapanda-Girnus said while addressing the court.
She said because of the ongoing drought, nearly half of Namibia’s population faces high levels of acute food insecurity.
“The loss of water resources is therefore not just an environmental issue; it is a human rights issue that threatens Namibia’s very existence and particularly the lives and livelihoods of our people.”
The ambassador told the court that Namibia stands before the IPC in solidarity with other African states and small island developing states.
“Collectively we are among the lowest emitters of greenhouse gases. Yet climate change brings disproportionate harm to our environment, human rights, development and future generations".
Kaapanda-Girnus said developed nations must offer financial support to help developing countries transition to cleaner energy sources without hindering their development.
She added: “More than ever, the international community is in need of the court’s guidance.”
While advisory opinions from the International Court of Justice or World Court are not binding, they are legally and politically significant.
According to Reuters, experts say the court's eventual opinion on climate change will probably be cited in climate change-driven lawsuits in courts from Europe to Latin America and beyond.
Namibia presented its arguments in The Hague, Netherlands, in what is being described as the largest-ever case in the ICJ’s history.
The case involves nearly 100 countries, including Namibia, and is being heard by 15 judges.
A group of small island nations led by Vanuatu spearheaded the international legal effort to get the world’s top court to hold the major greenhouse gas-emitting countries accountable for failing to tackle climate change.
"We find ourselves on the front lines of a crisis we did not create, a crisis that threatens our very existence," Ralph Regenvanu, Vanuatu's special envoy for climate change and the environment, told the court.
The island nations argue that just a few countries are responsible for the “vast majority” of historic and current greenhouse gas emissions, while nations that emit very little face the brunt of the consequences.
They are seeking the court’s legal opinion on two questions: What are the obligations of governments under international law to protect the planet’s climate system and environment? And what are the legal consequences for countries that have caused significant harm to the climate, environment and people?
The hearings began a week after developing nations condemned as woefully inadequate the outcome of the COP29 summit, where richer countries agreed to provide US$300 billion in annual climate finance by 2035 to help poorer nations cope with climate change.
Science ‘undeniable’
Namibia has been actively engaged in these proceedings and successfully filed its written statement in March and written comments on 14 August.
The final step in these proceedings was for states to present oral hearings, which were scheduled for 2 to 13 December.
The justice ministry said that the Cabinet of Namibia approved Namibia’s participation.
Namibia's ambassador to Belgium and the European Union, Dr Mekondjo Kaapanda-Girnus, delivered the introductory statement on behalf of the country.
“The science is undeniable. Greenhouse gases cause rising temperatures and greater evaporation, stretching water resources to their limits while intensifying droughts," Kaapanda-Girnus said.
She underlined that for every 1 degree Celsius increase in temperature, water resources could diminish by 20%.
She emphasised that for Namibia, limiting the global temperature rise to 1.5 degrees Celsius rather than 2.5 degrees above pre-industrial levels is crucial for survival.
“Namibia is already the driest country in Sub-Saharan Africa and is getting drier still," she said.
Human rights issue now
She added that since 2016, extreme droughts have forced Namibia to declare multiple states of emergencies, including as recently as May.
Kaapanda-Girnus underlined that unless action is taken now, Namibia will become completely arid and enter into a permanent climatological state in which droughts will become a regular feature.
“Namibia also stands before you to protect the human rights of Namibian people, present and future,” Kaapanda-Girnus said while addressing the court.
She said because of the ongoing drought, nearly half of Namibia’s population faces high levels of acute food insecurity.
“The loss of water resources is therefore not just an environmental issue; it is a human rights issue that threatens Namibia’s very existence and particularly the lives and livelihoods of our people.”
The ambassador told the court that Namibia stands before the IPC in solidarity with other African states and small island developing states.
“Collectively we are among the lowest emitters of greenhouse gases. Yet climate change brings disproportionate harm to our environment, human rights, development and future generations".
Kaapanda-Girnus said developed nations must offer financial support to help developing countries transition to cleaner energy sources without hindering their development.
She added: “More than ever, the international community is in need of the court’s guidance.”
While advisory opinions from the International Court of Justice or World Court are not binding, they are legally and politically significant.
According to Reuters, experts say the court's eventual opinion on climate change will probably be cited in climate change-driven lawsuits in courts from Europe to Latin America and beyond.
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