Developed countries have been urged to honour their legal obligations and support developing nations even as the impacts of climate change intensify through prolonged droughts and floods.
Experts in climate change discourse have accused developed countries of attempting to “cherry-pick” sections of the historic advisory opinion on climate change by the International Court of Justice (ICJ).
On July 23, 2025, the ICJ, the UN’s judicial authority, ruled that countries are legally obliged to protect and prevent harm to the environment, and that they must take action to reduce climate change and greenhouse gas emissions.
The court found that climate change treaties and other multilateral environmental agreements contain binding obligations for states in relation to protecting the climate system from greenhouse gas emissions.
It ruled that customary international law also contains state obligations in relation to protecting the climate system. This includes the duty to prevent significant environmental harm by acting with due diligence and in accordance with common but differentiated responsibilities and respective capabilities, as well as the duty to cooperate in good faith to prevent such harm.
The court ruled that climate change affects human rights, and that states have an obligation to respect and ensure their effective enjoyment by protecting the environment and climate system.
Affirming the court ruling, African leaders, policymakers, legal experts, scientists and practitioners are calling for African-led solutions to climate change, as its impacts intensify across the continent and disproportionately affect frontline communities.
“This ruling changes the rules of the game. Climate commitments are no longer political choices. They are legal obligations, and states will be held accountable," Foreign Affairs PS Korir Sing’Oei said.
For Kenya, this means accelerating implementation, strengthening enforcement and ensuring climate action is fully integrated into our development and economic decisions,”
The meeting brings together senior government officials from East Africa and the Horn of Africa, alongside representatives from the East African Community, the African Union Commission and the United Nations and its agencies, as well as international legal experts, judicial officers and civil society organisations.
The leaders said the commitments made are no longer political choices.
They said the commitments are legal obligations and states will be held accountable.
The leaders gathered in Nairobi from Tuesday to Thursday for a high-level sensitisation conference on the obligations of states in respect of climate change.
The conference has been convened by the Centre for International Forestry Research and World Agroforestry (CIFOR-ICRAF), in partnership with the Kenyan government, Queen Mary University of London, Kabarak University and the Technical University of Kenya.
The conference is informed by the advisory opinion issued on July 23 last year by ICJ, which affirms that states have binding legal obligations to protect the climate system and may face consequences for climate-related harm.
Building on the landmark ICJ ruling, leaders are calling for urgent action to translate this legal momentum into practical, Africa-led solutions for communities on the front lines of climate change.
They note the ruling strengthens Africa’s position not as a victim, but as a leader shaping solutions and demanding accountability.
“Climate change is not only an environmental issue or a legal issue. It is fundamentally a human and development issue
Addressing it requires science, law and policy to work together so that we can move from principle to action and deliver real solutions for communities,” CIFOR-ICRAF chief executive officer Éliane Ubalijoro said.
Africa contributes less than four per cent of global greenhouse gas emissions, according to analyses from institutions such as the African Development Bank and other international datasets.
Yet the continent faces some of the most severe climate impacts.
The Intergovernmental Panel on Climate Change notes that Africa is among the lowest contributors to global emissions while already experiencing widespread loss and damage across key sectors.
Climate-related hazards, including rising temperatures and recurrent droughts, continue to drive food insecurity, while intense rainfall is triggering floods in parts of Africa, displacing communities and damaging critical infrastructure.
Without urgent action, these impacts will continue to reverse development gains, constrain economic growth and place increasing pressure on food systems, water resources and livelihoods.
“The ICJ advisory opinion is a game changer. It affirms that states are bound by international law and can be held accountable, even beyond specific agreements. The challenge now is no longer about commitments," said George Wamukoya, team leader of the African Group of Negotiators Experts Support (Agnes). It is a think tank providing technical support to African governments and the African Group of Negotiators (AGN) in climate change policy formulation and decision-making.
It is about implementation and ensuring countries have the financing needed to deliver on their climate goals.”
Participants highlighted the ICJ advisory opinion can reinforce legal and policy frameworks for climate action, support accountability where obligations are not met, strengthen Africa’s voice in global climate negotiations and help unlock fair and adequate climate finance aligned with justice principles.
They said the real test now lies in implementation, noting that while the advisory opinion provides important legal leverage, its true value depends on how effectively it is translated into concrete policies, targeted investments and sustained action that deliver meaningful benefits for communities across the continent.
This urgency is underscored by the persistent gap between climate needs and available financing.
At recent global climate negotiations, including COP28, countries agreed to operationalise a Loss and Damage Fund as a step towards addressing climate harm.
However, current pledges, estimated at under $1 billion, fall far short of actual needs, which are projected to reach hundreds of billions of dollars annually for developing countries.
African leaders continue to call for scaled-up, predictable and accessible financing, including fair compensation for irreversible losses linked to climate change.
“The advisory opinion makes it clear that climate commitments are no longer optional—they are legal obligations. It gives developing countries stronger leverage to demand accountability and to push for the support and financing needed to meet their climate goals,” said Philip Osano, chief operating officer for CIFOR-ICRAF.
Source: The Star
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