The Philippines has called on the International Court of Justice (ICJ) to exercise its jurisdiction on climate issues amid questions on the obligation of states concerning climate change.

The Philippines filed its Written Statement with the ICJ in the Hague on Thursday, March 21. It was submitted by Philippine Ambassador to the Netherlands J. Eduardo Malaya, accompanied by State Solicitor Rowena Mutia and Associate Solicitor Mary Rose Beley-Arnesto of the Office of the Solicitor General.

In its submission, signed by Solicitor General Menardo Guevarra and other solicitors and counsels, the Philippines urged the ICJ to exercise its jurisdiction, arguing that "the enormity of the effects of climate change and its calamitous impact on all States and peoples are doubtless confirmed by scientific consensus."

"This paramount concern, therefore, impels and warrants the exercise of this Court’s advisory jurisdiction," the letter read.

The Philippines urged the Court to "view (the issue) within the context of all people’s fundamental Right to Life from whence the Right to a Clean, Healthy, and Sustainable Environment flows."

"Any act or omission that harms or tends to harm the environment that may be attributable to a State which results in anthropogenic GHG emissions over time causing climate change is a breach of a State obligation under international law," it added.

The submission was a concerted effort by various agencies of the Philippine Government, spearheaded by the Office of the Solicitor General (OSG) and the Department of Foreign Affairs (DFA), in consultations with the Department of Justice (DOJ), the Department of Environment and Natural Resources (DENR), the Climate Change Commission, the National Economic and Development Authority (NEDA), and the University of the Philippines Law Center, among others.

In March 2023, the United Nations General Assembly (UNGA) unanimously adopted Resolution 77/276 requesting the ICJ to render an advisory opinion on the obligations of States in respect of climate change to establish specific obligations among States, and the legal consequences to ensure the protection of the climate system from anthropogenic emissions of greenhouse gases.

The resolution was initiated by Vanuatu and a Core Group of like-minded countries.

According to Ambassador Malaya, the Philippines' participation in the advisory opinion proceedings is significant as it addresses the issue of climate change.