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The International Court of Justice Climate Liability Ruling Sets a Worrying Precedent for Pandemics and Public Health

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Secretary of State Marco Rubio has said that the US will dismantle the International Criminal Court and restore the rights of “sovereign states over globalism”. The think tank Policy Exchange, in a new report that contradicts much of its earlier approach to climate policy, warns that a 2025 International Court of Justice (ICJ) ruling requires the UK to “arrest” the “trend of abuse of the ICJ’s advisory jurisdiction”.

Unfortunately, that ruling can easily be extrapolated to the domain of global health. Yet, resources devoted to flagship green causes and to pandemic preparedness alike would save more lives if redirected to basic health, nutrition and economic development.

In response to a 2023 UN General Assembly request, the court published its Advisory Opinion a year ago. It concluded that states have legally binding duties to prevent significant environmental harm. Failure to do so leaves a country exposed to claims for restitution from those who have been harmed.

Read more: The International Court of Justice Climate Liability Ruling Sets a Worrying Precedent for Pandemics and Public Health

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