The African Union (AU), through its Office of the Legal Counsel (OLC), convened on 3 November 2025 a Post-Advisory Opinion Workshop on the International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in respect of Climate Change at the AU Headquarters in Addis Ababa, Ethiopia. Member States’ representatives, AU organs, and international legal experts were also allowed to join virtually.

The workshop provided a platform for reflection on the implications of the ICJ’s landmark Opinion delivered on 23 July 2025, which clarified the binding obligations of States under international law to prevent, mitigate, and remedy the adverse impacts of climate change. The Opinion affirms that protecting the climate system is not merely a political aspiration, but a legal duty grounded in principles of equity, due diligence, and cooperation.

Participants recalled Africa’s united engagement in the advisory proceedings, where the AU and its Member States presented coordinated legal positions reflecting Africa’s shared priorities and vulnerabilities. The deliberations reaffirmed the continent’s longstanding advocacy for climate justice, differentiated responsibilities, and the recognition that the right to a healthy and sustainable environment is fundamental to the realisation of human rights and sustainable development. The ICJ’s conclusions echoed these positions by confirming that developed countries bear a heightened duty to act and that support for adaptation, technology transfer, and finance must be treated as legal obligations rather than voluntary commitments.

The workshop served as an opportunity to translate the ICJ’s legal findings into concrete steps at multiple levels. Discussions emphasised four main dimensions of engagement:

• At the United Nations level: ensuring that the forthcoming General Assembly resolutions operationalise the ICJ Opinion while reaffirming principles of equity and differentiated responsibilities, including the stability of maritime zones threatened by sea-level rise;
• Within international climate processes: advancing Africa’s positions at COPs and global negotiations by framing climate finance, technology transfer, and loss-and-damage mechanisms as legal entitlements, not voluntary commitments;
• Across the African continent: integrating climate obligations into AU and REC frameworks, including trade and investment regimes, to align continental priorities with global climate objectives;
• At the domestic level: strengthening national legislation and judicial capacity to implement the Opinion’s principles and respond to the growing demand for climate-related litigation and accountability.

In her closing remarks, the Legal Counsel of the AU, Prof. Hajer Gueldich, underscored that the ICJ Advisory Opinion represents both a legal milestone and a moral affirmation of Africa’s right to sustainable development. She urged Member States to seize the moment to consolidate Africa’s leadership in climate governance through collective implementation, legal coherence, and stronger advocacy at all levels.

The workshop concluded with the validation of a Post-Advisory Opinion Action Plan, outlining immediate, medium-term and long-term priorities for AU–Member States collaboration and engagement with international partners. Once finalised, the Assessment Report on the ICJ Advisory Opinion will be shared with all AU Member States to guide follow-up actions.

Background

The ICJ Advisory Opinion was requested by the United Nations General Assembly in 2023 to clarify the legal obligations of States with respect to climate change. The Court confirmed that States have binding duties under international law, including those derived from climate treaties, human rights instruments, and customary norms, to prevent, mitigate, and remedy climate harm, in line with the principle of common but differentiated responsibilities.

For Africa, the Opinion represents both vindication and opportunity: a legal tool to demand accountability, access resources, and advance sustainable development across the continent.

For more information, please contact:

1. Mr. Gamal Eldin Ahmed A. Karrar | Senior Communication Officer | Information and Communication Directorate (ICD), African Union Commission | E-mail: GamalK@africanunion.org
2. Mr. Olatoundji Francis Adanlao I Legal Officer, Office of the Legal Counsel I Email: adanlaoo@AfricanUnion.org
3. Ms. Meseret Fassil Assefa I Associate Legal Officer, Office of the Legal Counsel I Email: Meseretf@africanunion.org