On December 6, 2024, the African Union (AU) presented a landmark oral statement before the International Court of Justice (ICJ) during advisory proceedings initiated by the United Nations General Assembly. The proceedings aim to provide the Court’s opinion on the obligations of states concerning climate change and the legal consequences of failing to address this global challenge.

The AU’s oral pleadings were delivered by Prof. Hajer Gueldich, Legal Counsel of the Union serving as Agent in these proceedings, and by Prof. Makane Moïse Mbengue, Professor of International Law at the University of Geneva. They were supported by a team of distinguished legal experts, including Prof. Mohamed S. Helal, Ms. Melina Antoniadis, Dr. Damien Charlotin, Prof. Ginevra Le Moli, Ms. Saadia Bhatty, Dr. Leslie-Anne Duvic-Paoli, Prof. Chiara Giorgetti, Ms. Meseret Fassil, Ms. Lefa Mondon and Mr John Nyanje.

In these proceedings, which have garnered unprecedented global engagement, 91 written statements were submitted—the highest number ever filed in ICJ advisory proceedings. Participants included a diverse array of United Nations Member States, international organizations, and several African Union Member States. Over the course of public hearings from December 2 to 13, more than 50 states and organizations, including the AU, are presenting oral arguments in The Hague.

The AU, as one of the final interveners of the first week, offered a crucial summation of the converging legal arguments while providing a distinctly African perspective on the climate crisis.

In the opening segment, Prof. Gueldich emphasized the critical need for the ICJ to ground its advisory opinion in the principles of climate justice. She underscored that AU Member States, despite contributing only 3% of global greenhouse gas emissions, face catastrophic consequences due to climate change, such as droughts, floods, and food insecurity, exacerbating existing socio-economic vulnerabilities. The AU framed climate justice as an issue not only of environmental protection but also of human rights, intergenerational equity, and reparative justice.

The AU highlighted Africa’s unique position as the continent most impacted by climate change yet least responsible for it, with adaptation costs in sub-Saharan Africa alone projected to reach $50 billion annually. The submission reiterated the continent’s commitment to justice and sustainability, drawing from Africa’s history of colonial struggles and its leadership in global environmental advocacy, such as through the Nairobi Declaration on Climate Change.

Prof. Mbengue further elaborated on the AU’s call for actionable outcomes, including the application of the principle of common but differentiated responsibilities (CBDR). He also proposed reparative measures, such as debt relief, to enable African nations to respond to climate challenges without undermining their development goals. Prof. Mbengue stressed the moral and legal necessity of holding major emitting states accountable for their historical contributions to the crisis.

The African Union also celebrated the ICJ’s integration of scientific findings, particularly from the Intergovernmental Panel on Climate Change (IPCC), as a critical step in aligning legal standards with the realities of climate science.

As a regional body representing 55 Member States, the AU emphasized its unique role in advocating for the vulnerable communities of Africa and small island developing states. It concluded its oral statement with a strong appeal to the ICJ to deliver an advisory opinion that not only recognizes existing obligations but also provides a framework for achieving climate justice.

The AU expressed its hope that this historic moment will serve as a turning point in the global fight against climate change and pave the way for a more just and equitable international legal order.

For further information:

1. Ms. Esther Azaa Tankou | Head, Media and Information Division | Information and Communications Directorate, AUC,and Communication Adviser, Permanent Observer Mission to the UN | E-mail: yamboue@africa-uinon.org , Tel: +251911361185 / +1 3478127195 (WhatsApp)
2. Ms. Meseret Fassil Assefa | Associate Legal Officer | Office of the Legal Counsel | African Union Commission | Email: meseretf@africa-union.org | Addis Ababa, Ethiopia
3. Mr. Gamal Eldin Ahmed A. Karrar | Senior Communication Officer | Information and Communication Directorate, African Union Commission | E-mail: GamalK@africa-union.org

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