Unlocking Justice: How the ICJ’s Vanuatu Ruling Could Address African Debt and Climate Change Challenges

PRETORIA, South Africa, Sep 1 2025 (IPS) – African countries facing debt distress often confront tough choices. They need to balance paying creditors with essential services like health, education, and water. Unfortunately, many discussions focus solely on financial issues, ignoring social and environmental impacts.

However, a fresh initiative from Vanuatu is set to change this. Vanuatu, a group of islands in the South Pacific, is severely affected by climate change, including rising sea levels. In 2019, law professor Justin Rose asked his students to tackle this pressing issue. They proposed that their government turn to the United Nations, asking for an advisory opinion from the International Court of Justice (ICJ) regarding states’ responsibilities in climate change.

Fast forward to 2023, and the UN General Assembly agreed. They posed two crucial questions to the ICJ: what are states’ obligations under international law to protect the environment from greenhouse gas emissions, and what are the consequences if they fail to meet these obligations? This sparked global interest, with 150 written submissions and over 100 states participating in public hearings. On July 23, 2025, the ICJ issued a groundbreaking advisory opinion, a rare event in its history.

The court clarified that states are not only bound by treaties but also by customary international law, which they follow out of a sense of duty. This means even if a country hasn’t signed a specific treaty, it must still act responsibly regarding environmental protection.

The ICJ emphasized two main obligations: First, states must prevent environmental harm by taking due diligence before actions that could cause damage. This means assessing potential risks and impacts on the environment. Second, states must cooperate with one another, acknowledging that a healthy environment is essential for basic human rights, including health and livelihoods. This is especially crucial for vulnerable communities like children and indigenous peoples.

The opinion carries potential implications for African countries grappling with debt. An international lawyer specializing in sovereign debt argues that the court’s ruling highlights the need for African debtors and their creditors to consider environmental impacts critically. As they negotiate debt relief, acknowledging these aspects could reshape their responsibilities towards citizens’ rights.

Three strategies may help integrate climate considerations into debt discussions:

• Debtors can use the court’s opinion to advocate for recognizing the environmental impact of their debts in negotiations.
• They can remind creditors of their international obligations to evaluate environmental consequences and work together to address them.
• Activists can draw parallels to other global movements, highlighting the shared responsibility of debtor and creditor states to protect the environment.

As the topic gains traction, it’s noteworthy that public sentiment is shifting. Social media is buzzing with discussions around climate justice and debt. Activist campaigns often reference the ICJ’s ruling to emphasize the need for accountability among states and financial institutions.

Ultimately, inaction is not an option. States and financial institutions should strive to align their practices with the court’s ruling, paving the way for sustainable solutions. By integrating environmental considerations into debt management, they can better serve citizens while fulfilling international obligations.

Daniel D. Bradlow is a professor at the Centre for the Advancement of Scholarship, University of Pretoria, South Africa. danny.bradlow@up.ac.za

IPS UN Bureau