Unlocking Justice: How the ICJ’s Vanuatu Ruling Can Address Africa’s Debt Crisis and Climate Change Challenges

African countries struggling with debt face some tough choices. They have to juggle paying off creditors while meeting the needs of their people: health care, education, clean water, and renewable energy. Typically, discussions with creditors focus just on financial and legal issues, leaving out the crucial environmental and social consequences of these debts.

However, some law students in Vanuatu are shifting this conversation. Vanuatu is a small island nation heavily impacted by climate change, grappling with rising sea levels and intense storms.

In 2019, Professor Justin Rose asked his students for solutions to these climate challenges. They proposed that Vanuatu approach the United Nations General Assembly for an advisory opinion from the International Court of Justice on states’ climate-related legal responsibilities. The government embraced their idea, and they rallied global support to bring this matter to the world’s highest court.

In 2023, the UN General Assembly sought that opinion, focusing on two key issues:

• The legal duties of countries to protect the environment from human-caused greenhouse gas emissions.
• The potential legal consequences if they fail to meet those obligations, harming both current and future generations.

This case generated an impressive response, with over 150 written submissions and more than 100 states and organizations participating in hearings. On July 23, 2025, the court delivered its advisory opinion—only the fifth in its nearly 80-year history.

The court found that countries have obligations that go beyond signed treaties. They must act under customary international law, which applies to all states regardless of any specific treaty agreements. This law obliges states to prevent significant environmental harm and to cooperate with one another on environmental issues.

The court emphasized that a healthy environment is essential for human rights—affecting the rights to life, health, and livelihood, particularly for vulnerable groups like women and children.

What does this mean for African countries struggling with debt? It suggests that the debt crisis is not just a financial issue—it’s also an environmental and social one. As countries negotiate debt relief, they need to consider the impact on their climate commitments and their citizens’ rights.

This ruling has the potential to change how both debtor nations and creditors perceive their responsibilities. They should recognize that the implications of their transactions extend beyond finance. They need to consider environmental impacts in their agreements.

Here are three key ways to connect the court’s ruling to debt relief:

• Debtors can use the court’s decision to argue for incorporating environmental and social factors into their negotiations, stressing that both sides have legal obligations to assess the impacts of their financial decisions.
• Stakeholders can remind debtors and creditors of international norms that guide their responsibilities. Private financial institutions often have policies that align with these standards, emphasizing the importance of human rights and environmental considerations.
• Activists around the world can take inspiration from Vanuatu’s initiative, advocating that nations and financial institutions must actively prevent environmental harm and work together to tackle these issues.

International accountability mechanisms, like National Contact Points for responsible business conduct, can be vital in holding states and creditors accountable for their obligations. With growing litigation across countries holding governments and private actors accountable for climate responsibilities, there is a new wave of pressure to act responsibly.

In summary, the International Court of Justice’s advisory opinion offers a fresh perspective that could reshape the debt landscape in Africa. It holds the possibility of connecting debt relief with broader climate and social responsibilities, prompting all parties involved to take significant steps forward.

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