Kenya: Our Contribution As Friend of Court Enriched Climate Verdict - Kenya On ICJ

Nairobi — Kenya has hailed its role in shaping the landmark advisory opinion issued by the International Court of Justice (ICJ) on state obligations in addressing climate change, saying its submissions as amicus curiae (friend of the court) enriched the Court's conclusions.

Foreign Affairs Principal Secretary Korir Sing'oei on Thursday said Kenya's legal team, led by Professor Phoebe Okowa, provided critical insights that helped the Court clarify the responsibilities of states under international law for climate change mitigation and adaptation.

"We are proud that our submissions, ably prosecuted by a team led by Prof. Phoebe Okowa, edified the Court's views," PS Sing'oei said.

In its wide-ranging opinion, the UN's principal judicial organ reaffirmed that climate change is an existential threat "unequivocally caused by human activities" and ruled that states have obligations beyond treaty law -- including under customary international law and human rights law -- to prevent harm to the climate system.

'Shot in the arm'

Sing'oei hailed the verdict as a "shot in the arm" for the global quest for sustainable and legally grounded climate action, noting that it provides crucial legal clarity on issues such as due diligence in mitigation and adaptation, the impact of sea-level rise on statehood, and whether fossil fuel-related activities could constitute internationally wrongful acts.

The Court emphasized that failures to take precautionary measures -- such as reducing greenhouse gas emissions or regulating fossil fuel activities -- could trigger state responsibility, potentially requiring cessation of harmful practices, guarantees of non-repetition, and reparations.

Though advisory and not legally binding, ICJ opinions carry significant moral and legal weight, shaping international norms and influencing state behavior.

The case was the largest ever handled by the Court, involving 91 written submissions and participation from 97 states during oral proceedings.

Sing'oei reaffirmed Kenya's commitment to working with the international community to advance climate action and meet global mitigation targets.

Read the original article on Capital FM.