THE HAGUE: Kuwait reaffirmed its commitment to addressing global climate challenges through multilateral cooperation, underscoring the critical role of the United Nations (UN) in tackling issues such as climate change. Kuwait emphasized that the principles enshrined in the UN Charter provide a vital framework for international efforts, including the fight against climate change. The statement was made by Kuwait’s Ambassador to Austria and Permanent Representative to the United Nations in Vienna Talal Al-Fassam, during the country’s oral argument at the International Court of Justice (ICJ) in The Hague, Netherlands.

This landmark case was initiated by Vanuatu in 2021, driven by the country’s and other small island nations’ vulnerability to climate change. Vanuatu, with the support of 132 countries, successfully pushed for a UN General Assembly resolution (A/RES/77/276) in March 2023, calling for the ICJ’s advisory opinion.

The International Court of Justice (ICJ) climate change hearings, scheduled from December 2 to 13, 2024, focus on the legal responsibilities of states in addressing climate change and the consequences for those who fail to meet these obligations. The court has been asked to clarify two central questions:

The first question being considered is the legal obligation of states under international law to protect the climate system from human-caused emissions, ensuring the well-being of both present and future generations. The second question addresses the legal consequences for states whose actions or omissions cause significant harm to the environment, with particular focus on vulnerable nations, such as small island developing states, that are disproportionately affected by climate change. The ICJ’s advisory opinion will help clarify international law on climate change, providing important guidance for future global climate action and ensuring that vulnerable nations receive the protection they need.

Individual nations not liable

Kuwait’s argument focused on the country’s long-standing dedication to global climate initiatives and its active role in international agreements aimed at combating climate change. Kuwait’s legal team argued that while climate change is a pressing global issue, the duty to prevent transboundary harm—often cited in environmental disputes—should not be applied in the context of climate change. Kuwait stressed that climate change is a shared global challenge that requires cooperative, multilateral action, as outlined in the UNFCCC, Kyoto Protocol, and the Paris Agreement, rather than unilateral legal obligations between individual countries.

Kuwait’s argument at the ICJ also highlighted that the Paris Agreement and other international climate treaties do not provide a basis for strict liability on individual nations for preventing climate change. Instead, they advocate for cooperative efforts to mitigate and adapt to its effects through collective global action. In the context of international law, Kuwait emphasized the need for a holistic, coordinated approach to climate change rather than attributing responsibility for transboundary harm to individual nations.

Kuwait’s climate initiatives

Kuwait was one of the first countries to sign the United Nations Framework Convention on Climate Change (UNFCCC) and has been a strong supporter of the Kyoto Protocol and the Paris Agreement. These international accords have formed the backbone of global efforts to reduce greenhouse gas emissions, and Kuwait reiterated its full commitment to these agreements, emphasizing the country’s proactive measures to mitigate climate change’s impact.

The effects of climate change are becoming increasingly visible in Kuwait, including rising temperatures, desertification, reduced rainfall, and a growing reliance on desalinated water. The country is addressing these challenges through various national, regional, and international initiatives.

On the national front, Kuwait launched its National Adaptation Plan in alignment with the UNFCCC, setting Nationally Determined Contributions (NDCs) that aim for net-zero emissions by 2060. This commitment is backed by substantial investments in green technologies and sustainable energy. Notably, Kuwait is undertaking a $15.5 billion initiative focused on producing petroleum products with significantly lower emissions. Additionally, Kuwait has set ambitious goals for renewable energy, aiming to generate 50 percent of its electricity from solar power by 2050.

Kuwait’s Public Authority for Environment, established in 1995, works to regulate and protect the environment, supported by the Environment Protection Law No. 42 of 2014. These policies are part of a broader effort to integrate environmental sustainability into Kuwait’s national development. On the international stage, Kuwait continues to support climate action through initiatives like the Kuwait Fund for Arab Economic Development, which finances climate-related projects in developing countries. Kuwait’s oil industry, too, has positioned itself as one of the least carbon-intensive oil producers globally and is committed to achieving net-zero emissions by 2050.

Largest in ICJ history

The Kuwaiti legal team, which included Reham Al-Ghanem, Advisor at the Ministry of Foreign Affairs, Ibrahim Al-Dai, First Secretary at the Kuwaiti Embassy in the Netherlands, and Jaber Al-Sabah, Third Secretary, presented a compelling case for enhanced international cooperation, emphasizing that tackling climate change requires a united global effort.

The hearings are among the largest in ICJ history. A record 91 written statements have been submitted, along with 62 comments on those statements, and 97 states and 11 international organizations are participating in the oral proceedings. This provides an opportunity for countries and organizations to elaborate on their positions and testify directly to the court. Kuwait’s participation in the ICJ hearing underscores the country’s dedication to global climate action and its call for solidarity among nations to ensure a sustainable future for generations to come. — Agencies