Last Updated on September 16, 2025
The world’s top court has issued a landmark opinion that could reshape how governments are held accountable for climate inaction—and Indigenous communities are among those with the most at stake.
Earlier this summer, the International Court of Justice (ICJ) ruled unanimously that states have a legal duty to protect the climate system. In its advisory opinion, the court stated that environmental harm can amount to a violation of human rights, and that governments failing to act on climate change may be committing “internationally wrongful acts.”
The case was brought to the United Nations by a coalition of youth activists from Pacific Island nations, led by Vanuatu, and backed by more than 130 countries. Their request asked the court to clarify states’ obligations in the face of worsening climate impacts.
For Indigenous peoples, the opinion provides new legal weight to long-standing demands. Communities whose lands, waters, and cultures are threatened by rising seas, deforestation, or extractive industries can point to the international ruling when pressing their cases in domestic or regional courts.
It’s “a milestone in an existential battle,” said Claire Thomas, director of Minority Rights Group. “For centuries, Indigenous peoples have demonstrated the indivisibility of human and ecosystem well-being. Now, the highest court in the world is behind them.”
The ICJ’s statement is not legally binding, but its significance is hard to overstate. By framing Indigenous survival and cultural continuity as matters of international law, it strengthens the legal and moral arguments available to frontline communities.
The court opinion highlights three areas relevant to Indigenous struggles: governments must show due diligence in climate planning, uphold the no-harm principle when projects affect Indigenous territories, and ensure participation and transparency in decision-making.
The ICJ opinion does not solve the crisis on its own, but it changes the legal landscape in ways that Indigenous communities can leverage. It offers courts and policymakers a powerful reference point that aligns international law with lived realities on the ground.
For Indigenous nations, the ruling affirms what they have long asserted—that defending their rights is inseparable from defending the planet. Whether governments heed this call will depend on political will and public pressure. But the message from The Hague is clear: the survival of Indigenous peoples and the health of the Earth are not separate struggles. They are one and the same.
Across the world right now, Indigenous peoples are facing a renewed assault on their lands, rights, and ways of life.
From extractive industries pushing deeper into ancestral territories, to governments rolling back hard-won protections,
the threat is global—and it is growing.
What makes this moment especially dangerous is how little attention it receives.
Stories like this are disappearing in real time. Mainstream media
barely covers it and the coverage is fragmented. The public is left without the context
needed to understand what is truly at stake.
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John Ahni Schertow
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