Represented by Attorney General Mansoor Awan, Pakistan presented a compelling case at the International Court of Justice (ICJ), outlining the “apocalyptic” impacts of climate change on its population and economy.
The country highlighted the catastrophic 2022 floods that submerged one-third of the nation, affected 33 million people, and led to reconstruction costs estimated at over USD 16 billion. Quoting the UN Secretary-General’s address to the UN General Assembly in 2022, Pakistan noted, “Pakistan contributed less than 1% of global GHG emissions, but its people are 15 times more likely to face death from climate-related impacts than other States.”
Pakistan emphasized three key points: The Paris Agreement under the UNFCCC is the primary framework for addressing climate obligations; climate obligations must align with equity and the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC), including provisions for climate finance, mitigation, and cooperation; disputes regarding treaty obligations should be resolved through the mechanisms established within those treaties.
Pakistan argued that the obligation of prevention, grounded in due diligence, operates alongside treaty obligations and forms part of applicable international law. They explained that due diligence requires a case-specific assessment of potential harm, pointing to several conventions—including the UNFCCC, the Vienna Convention for the Protection of the Ozone Layer, the Convention on Long-Range Transboundary Air Pollution, and the UN Convention to Combat Desertification—as evidence that the obligation of prevention applies to diffuse harm, such as GHG emissions. They further noted that many of the states contesting its applicability to GHG emissions are parties to these conventions.
Rejecting claims that the UNFCCC and Paris Agreement constitute lex specialis, Pakistan argued that these treaties do not override stricter obligations under general international law. They emphasized that the obligation of prevention is triggered once a state possesses, or ought to possess, the “requisite knowledge” of the harmful effects of its activities, underscoring that ignorance in the context of GHG emissions is no excuse.
Pakistan concluded, “We are the first generation to feel the impact of climate change and undoubtedly the last generation that can do something about it.”