Slovenia before the International Court of Justice in The Hague on the obligations of States in respect of climate change

SLOVENIA, December 11 - The advisory opinion was sought by the UN General Assembly through Resolution 76/300, which Slovenia supported. The proceedings involved the participation of 98 States and 12 international organisations – the largest number of participants in the Court’s history. In preparation for the hearing, the Court consulted the Intergovernmental Panel on Climate Change (IPCC) to acquire relevant scientific data. Slovenia had earlier submitted a written statement to the Court and, during its oral statements, emphasised that the right to a clean, healthy and sustainable environment is intrinsic to the realisation of other human rights, including the rights to life and health. Slovenia also underscored the necessity of due diligence in addressing climate change and stressed the role of international cooperation in taking urgent and effective action. While advisory opinions of the ICJ are not legally binding, they carry significant authoritative weight in international relations.

For many years, Slovenia has championed the recognition and protection of the human right to a clean, healthy and sustainable environment within the international community. At the initiative of Slovenia and like-minded States (Costa Rica, Morocco, the Maldives and Switzerland), this human right was reaffirmed in 2021 by a resolution of the UN Human Rights Council, and in 2022, by a resolution of the UN General Assembly. In its oral statement before the Court, Slovenia reiterated the importance of combating climate change, also from the perspective of safeguarding individuals who must be guaranteed this human right. This requires States to adopt active measures, including preventive and other action, to ensure individuals can fully enjoy their human rights, particularly the right to a clean, healthy and sustainable environment.

Slovenia emphasised the need for States to strengthen their cooperation to effectively address the causes and consequences of climate change. Framing the climate crisis as a global phenomenon and a human rights crisis, Slovenia advocated for a comprehensive approach that avoids reliance on emergency measures which could justify derogations from human rights obligations. Without cooperation within the international community, it is impossible to achieve satisfactory solutions. It is not the borders between States that matter for the protection of each individual, but the exercise of due diligence by each State and the pursuit of joint efforts to minimise adverse effects on the environment. Slovenia is already focusing its activities on forming alliances of States for joint action, such as the recently established Global Alliance to Spare Water from Armed Conflicts, initiated by Slovenia.

Slovenia has further highlighted its dedication to addressing the root causes and impacts of climate change. This was reaffirmed by Prime Minister Dr Robert Golob in his address at the UN General Assembly in September 2024 and further explored during a panel discussion featuring Slovenian experts and policymakers at the forum on the right to a healthy living environment, hosted by Slovenian President Dr Nataša Pirc Musar on 30 September 2024.

A recording of the hearing is available on the United Nations website.