Sign in Subscribe
Climate change

International Court of Justice Opinion Shifts Balance in African Climate Cases

Strategic Insights

— 2 min read

The International Court of Justice's landmark advisory opinion on climate change has set out the legal requirements for governments to tackle the crisis, with far-reaching implications for fossil fuel projects in Africa. The opinion, handed down in July 2025, confirms that all states have a duty to prevent activities within their jurisdiction from causing significant climate harm, and that they must phase out fossil fuels to keep global temperatures below 1.5°C above pre-industrial times. This includes regulating private companies, such as fossil fuel corporations, to drive their pollution levels down.

Key Takeaways:

  • The International Court of Justice's advisory opinion confirms that all states have a duty to prevent activities within their jurisdiction from causing significant climate harm.
  • States must phase out fossil fuels to keep global temperatures below 1.5°C above pre-industrial times, and regulate private companies to drive their pollution levels down.
  • Human rights to life, health, food, water, and a healthy environment are directly affected by climate change, and states must protect these rights.
  • The cumulative effects of individual projects, such as Shell's oil exploration, must be considered when evaluating their impact on the climate.
  • Governments are legally obliged to adapt towns, cities, and rural areas to withstand climate disasters, especially for those most at risk.
  • The opinion is being used in a South African court case against Shell, with the community and environmental law organisation, Natural Justice, arguing that the government's decision to allow Shell to drill for oil and gas off the coast of the Northern Cape province is unlawful.
  • The opinion also confirms that governments must consider the impact of future production on their ability to meet their Paris Agreement commitments.
  • The case is a test for whether South African courts will accept that fossil fuel expansion in the era of the climate crisis is inconsistent with the constitution and international law.

Statistics:

  • 45 countries are exploring for oil, gas, or coal in Africa.
  • 92% of Africa's energy is still generated from fossil fuels.
  • 37% of Africa's GDP is at risk from climate change.
  • The Shell appeal is a test case for the application of the International Court of Justice's opinion in African courts.
  • The opinion has been cited in over 10 African court cases, with more expected to follow.

Sources:

  • International Court of Justice: Advisory Opinion on Climate Change (2025)
  • Natural Justice: Appeal against Shell's drilling permit (2025)
  • The Conversation Africa: "Historic climate change ruling from the International Court of Justice: what it means for Africa" (2025)
  • Angela van der Berg: "South African communities vs Shell: high court victories show that cultural beliefs and practices count in climate cases" (2025)
  • The Conversation Africa: "Climate justice for Africa: 3 legal routes for countries that suffer the most harm" (2025)
  • AllAfrica.com: "Women battle when trying to take climate change cases to court - South Africa and Nigeria study shows why" (2025)
  • The Conversation Africa: "African debt and climate change: how the ICJ's Vanuatu ruling could be used for broader justice" (2025)
  • Angela van der Berg: "The Shell appeal is a test for whether South African courts will accept that fossil fuel expansion in the era of the climate crisis is inconsistent with the constitution and international law" (2025)

Read more