Will Pakistan achieve justice in the aftermath of climate change floods?

Pakistan joins ICJ case to push for climate justice after devastating floods in 2022

Listen to article

Climate change is a phenomenon that has gripped the world in recent decades. It has inspired growing activism to raise awareness for the devastating effects that it brings with it across the globe. However, it was not seen as a pressing legal issue at an international scale until recently.

On the 2^nd of December 2024, the International Court of Justice began hearing evidence on what is potentially the largest case it has handled in its history. The Court has been asked for an advisory opinion on climate change and its decision could lead to a significant change in the way that climate change is dealt with worldwide. The decision would potentially influence the creation of a stronger framework of accountability that sets clear international legal obligations for climate action.

The Court will hear from 98 states and 12 international organisations during the proceedings which are set to continue until 13^th December. Such a large number of participants in a case on climate change is unprecedented.

Although international legal frameworks regarding climate action exist, such as the Paris Agreement of 2015, they have not managed to address the issue at a large enough scale. Most countries across the world continue to experience terrible effects due to the climate crisis. Flooding especially is a major concern for many nations that have a lot of water. This includes the island nations that pushed for the advisory opinion at the Court, but also other countries with rivers, glaciers and other water bodies that experience constant overflow due to the rising global temperature.

Pakistan is one such country. In 2022, Pakistan saw some of its worst floods in history. They began in June, during the monsoon season. The monsoon rains that year were roughly triple the normal amount of rainfall that the country sees annually. The melting glaciers in the Hindu Kush, Karakoram and Himalaya mountain rangers added to the overflow of water in rivers across the country. Over 33 million people were affected, with 8 million displaced from their homes, 1700 dead, and the rest sick, injured, or without any means of livelihood anymore as the water swept away their livestock and crops.

In the aftermath of the floods, Pakistan’s government called on the international community to strive for climate justice. It insisted that it was a victim of a phenomenon that it had done almost nothing to set into motion, but which was instead brought on by the activities of the West. This claim was not baseless; it is supported by data. Although Pakistan contributes only 0.3% of global emissions, its population faces a risk of death from climate-related disasters that is 15 times higher than that of other countries.

Climate justice can be approached in different ways within policy discussions. One perspective frames it as a conflict between wealthy and poorer nations, as well as between developed and developing countries, with a focus on historical responsibility for emissions. Another approach views it as a shift towards a low-carbon economy, aiming to balance efforts for mitigation with adaptation, development, and equity. A third perspective highlights vulnerability, stressing the importance of protecting those most affected by climate change, who are often the least responsible for its causes.

In any case, the fact remains that countries like Pakistan suffer from a disease that they have had no hand in spreading. Up until now, it seemed that things would continue this way, with the existing legal frameworks on the matter being all that could be referenced and the matter remaining largely up to the humanitarian communities of the world to deal with.

The proceedings at the International Court of Justice have brought with them a renewed sense of hope that things can change. The creation of a new, more strict climate justice legal regime could bring with it practical changes at a global scale. As part of the proceedings of the climate change case, Pakistan has the opportunity to contribute its own perspective as well as put forward its support of the urgent need for reforms.

Two years back, when the country was submerged in water and humanitarian relief was almost impossible to provide to some of the areas that were suffering the most, it seemed that Pakistan would have to continue to bear the brunt of the global imbalance that has led to climate change. However, the case at the International Court of Justice may be the light at the end of tunnel, here to remind us that all is not lost yet.

The writer is a Researcher of International Law, holds a degree from Utrecht University