Historic ICJ ruling bolsters The Bahamas’ push for climate justice

The Bahamas secured a major diplomatic and moral victory on July 23 as the International Court of Justice (ICJ) issued a groundbreaking advisory opinion affirming that high-emitting countries have a legal obligation to cut greenhouse gas emissions and support vulnerable nations grappling with climate-related damage.

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In what is being hailed as a historic moment for global climate accountability, the ICJ declared climate change an “urgent and life-threatening crisis” driven by human activity — a position long championed by The Bahamas and fellow small island developing states (SIDS). Though the advisory opinion is not legally binding, it carries substantial legal and political weight, potentially reshaping the landscape of future climate negotiations and litigation.

“This decision confirms what we have long advocated — that climate change threatens the most fundamental human rights of Bahamians,” said Prime Minister Philip Davis. “We now have the legal backing to hold major polluters accountable for the harm inflicted on our people and our islands.”

The ruling underscores a pivotal shift in framing climate change: from a moral and ethical issue to one rooted in international law. According to the opinion, countries not only have a duty to reduce emissions, but also to assist nations already suffering loss and damage caused by the climate crisis — such as The Bahamas, where increasingly severe hurricanes and rising sea levels threaten lives, livelihoods, and ecosystems.

Attorney General Ryan Pinder, KC called the ruling “seismic,” adding: “This is not charity — it is a legal obligation.”

The advisory opinion gives renewed strength to The Bahamas’ international advocacy efforts, especially in forums like COP and the United Nations, where climate-vulnerable nations have often faced resistance from more powerful states.

“Small island states like The Bahamas have always led the fight for climate justice,” said Rochelle Newbold, Director of the Climate Change & Environmental Advisory Unit. “This decision affirms our right — and our people’s right — to life, to safety, and to a healthy climate.”

The ICJ’s opinion is expected to serve as a crucial legal tool for states like The Bahamas to demand accountability, secure compensation, and shape stronger global climate policies.

“Today’s outcome is clear: The Bahamas continues to punch above its weight,” said Charles Hamilton, Climate Change Advisor in the Office of the Prime Minister. “When countries fail to act, they must be held responsible for the damage done to small island nations like ours.”