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ICJ submission: A chance to save the Earth

While Indonesia supports the continuation of the ICJ advisory opinion proceedings, its written submission appears cautious.

Asep Komarudin and Rayhan Dudayev (The Jakarta Post)
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Sat, January 4, 2025

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ICJ submission: A chance to save the Earth Voices for Earth: A group of climate activists demonstrate in front of the International Court of Justice (ICJ) in The Hague, the Netherlands, for climate justice on Dec. 2, 2024. For the first time, a major climate case has begun at the court to determine what legal obligations countries have to protect the climate. (AFP/Lina Selg/ANP)

T

he International Court of Justice (ICJ) began last month public hearings for an advisory opinion on climate change and human rights. Coinciding with Human Rights Day, this moment underscores climate change as "the greatest threat to human rights in the 21st century", as described by United Nations Secretary-General António Guterres.

Indonesia, as one of the world's largest archipelagic nations, stands on the frontline of climate impacts. Reports from the National Commission on Human Rights warned of escalating risks, including prolonged droughts, extreme heat rendering areas uninhabitable, declining fish stocks, disrupted agriculture, coastal flooding and increased prevalence of diseases like dengue fever and malaria.

These threats jeopardize fundamental human rights enshrined in the Indonesian “Green Constitution”, guaranteeing the right to a healthy environment. National legislation, such as the Environmental Protection and Management Law, further reinforces this principle.

On the world stage, Indonesia has been a consistent human rights advocate, having served as a member of the UN Human Rights Council five times. But how does this strong human rights record translate into Indonesia's stance at the ICJ hearings on climate change and human rights?

While Indonesia supports the continuation of the ICJ advisory opinion proceedings, its written submission appears cautious. As one of the world's largest greenhouse gas emitters in 2020, Indonesia's statement emphasizes the collective nature of climate obligations, rooted in principles of equity and Common but Differentiated Responsibilities (CBDR-RC).

It asserts that attributing causation for climate impacts to individual states is impractical, implying that this is beyond the purview of the Court. This restrictive interpretation risks undermining the potential of the ICJ opinion to advance robust legal tools for addressing climate challenges.

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Critically, Indonesia’s submission downplays the direct link between climate change and human rights obligations. Yet, scientific and legal evidence shows that climate change infringes on the rights of women, children and indigenous peoples, groups explicitly acknowledged in other Indonesian submissions, such as its gender statement at COP25 climate conference in 2019. This omission contradicts Indonesia’s constitutional and legal commitments to environmental protection and human rights.

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