Indonesia stressed the value of equity, shared but distinct responsibilities, and international cooperation in addressing climate change in a powerful statement delivered during public hearings at the International Court of Justice( ICJ) on December 5, 2024. During discussions regarding a request for an advisory opinion, the Vice Minister for Foreign Affairs, H. E. Arif Havas Oegroseno, outlined Indonesia’s position on state obligations in relation to the global climate crisis.
The call for effective global collaboration, guided by established international conventions like the UNCLOS, UNFCCC, and Paris Agreement, was at the heart of Indonesia’s argument. The varying degrees of development and geographic vulnerability of states, especially those that are the least developed and vulnerable, as well as archipelagic states like Indonesia, were both addressed by Vice Minister Havas.
According to Havas, “the implementation of environmental obligations must prioritize equity and consider common but distinct responsibilities in light of national circumstances,” he emphasized the dispersed effects of climate change on various nations, particularly those that are facing rising sea levels.
Human Rights and Environmental Protection
Indonesia criticized the absence of specific obligations under international human rights law to protect the climate system, despite the growing recognition of the link between environmental protection and human rights. Indonesia, however, affirmed its commitment to protecting the environment by citing constitutional guidelines and legal frameworks that support a healthy environment as a fundamental human right. Articles 28 and 28 of Indonesia’s Constitution The legal foundation for this commitment is embodied in the Environmental Protection Resolution( No. 32/2009).
The Advisory Opinion’s Significance
The ICJ proceedings mark a turning point in global governance regarding climate change. The Advisory Opinion is anticipated to provide valuable guidance on interpreting international law relating to climate change, which will be supported by 98 states and 12 international organizations. In order to boost global efforts to combat climate change, Vice-Minister Havas expressed hope that the court would clarify the legal frameworks in place.
He came to the conclusion that “more robust mitigation and adaptation strategies will be developed with the strict application of legal rules to facilitate clarity and comprehension in global climate change efforts.
Global Participation
During the proceedings that begin on December 2 and end on December 13th, 2024, Indonesia joined countries like the Cook Islands, Marshall Islands, Solomon Islands, India, and Iran in making statements. Future political and legal frameworks addressing the climate crisis are anticipated to be influenced by these discussions.
This pivotal initiative underscores the global imperative for equitable and cooperative action in addressing one of humanity’s greatest challenges.