ICJ set to deliver historic opinion on states’ legal duty to prevent climate harm

ICJ set to deliver historic opinion on states’ legal duty to prevent climate harm
uvalu delegation arrives for the United Nations' top court International Court of Justice (ICJ)'s public hearings in an advisory opinion case, that may become a reference point in defining countries' legal obligations to fight climate change, in The Hague, Netherlands, on December 2 2024. (REUTERS/File)
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ICJ set to deliver historic opinion on states’ legal duty to prevent climate harm

ICJ set to deliver historic opinion on states’ legal duty to prevent climate harm
  • Opinion could establish legal foundations for climate reparations and accelerate fossil fuel phaseout
  • Small island nations led the push for the case, calling existing UN frameworks “inadequate”

THE HAGUE: The world’s top court will Wednesday deliver a seminal ruling laying out what legal obligations countries have to prevent climate change and whether polluters should pay up for the consequences.

It is the biggest case ever heard at the International Court of Justice and experts say the judges’ opinion could reshape climate justice, with major impacts on laws around the world.

“I think it will be a game-changer for the whole climate discourse we’re going through,” said Ralph Regenvanu, climate change minister of Vanuatu.

The Pacific island nation spearheaded the push for a court opinion amid growing frustration at sluggish progress in UN climate negotiations.

“We’ve been going through this for 30 years... It’ll shift the narrative, which is what we need to have,” Regenvanu told AFP.

The United Nations has tasked the 15 judges at the ICJ, a UN court that adjudicates disputes between nations, to answer two fundamental questions.

First: what must states do under international law to protect the environment from greenhouse gas emissions “for present and future generations“?

Second: what are the consequences for states whose emissions have caused environmental harm, especially to vulnerable low-lying island states?

ICJ advisory opinions are not binding upon states and critics say that top polluters will simply ignore what comes out of the court.

But others note the moral and legal clout enjoyed by the world’s highest court and hope the opinion will make a tangible difference to national climate change policies and ongoing legal battles.

Andrew Raine, deputy director of the UN Environment Programme’s law division, said the ICJ should “clarify how international law applies to the climate crisis.”

“And that has ripple effects across national courts, legislative processes, and public debates,” he told AFP.

To help answer the two questions, ICJ judges have pored over tens of thousands of pages of submissions from countries and organizations around the world.

Analysts say Wednesday’s ruling is the most consequential of a string of recent rulings on climate change in international law as courts become a battleground for climate action.

Those bringing the cases are often from climate-vulnerable communities and countries, alarmed by the pace of progress toward curbing planet-warming pollution from fossil fuels.

The Paris Agreement struck through the UN Framework Convention on Climate Change (UNFCCC) has rallied a global response to the crisis, but not at the speed necessary to protect the world from dangerous overheating.

In December, the iconic Peace Palace in the Hague hosted the court’s biggest-ever hearings, with more than 100 nations and groups giving oral statements.

In what was billed a “David Vs Goliath” battle, the debate pitted major wealthy economies against smaller, less developed states most at the mercy of a warming planet.

Major polluters including the US and India warned the ICJ not to deliver a fresh legal blueprint for climate change, arguing the existing UNFCCC sufficed.

The US, which has since withdrawn from the Paris accord, said the UNFCCC contained legal provisions on climate change and urged the court to uphold this regime.

But smaller states said this framework was inadequate to mitigate climate change’s devastating effects and that the ICJ’s opinion should be broader.

These states also urged the ICJ to impose reparations on historic polluters.

“The cardinal principle is crystal clear. Responsible states are required to make full reparation for the injury they have caused,” said Margaretha Wewerinke-Singh representing Vanuatu.

These states demanded a commitment and timeline to phasing out fossil fuels, monetary compensation when appropriate, and an acknowledgement of past wrongs.

Representatives from island states, many wearing traditional dress as they addressed the court for the first time in their country’s history, made passionate pleas to the robed judges.

“Despite producing less than 0.01 percent of greenhouse gas emissions, on the current trajectory of GHG emissions, Tuvalu will disappear completely beneath the waves that have been lapping our shores for millennia,” said Eselealofa Apinelu from Tuvalu.

Vishal Prasad, director of a campaign by Pacific Island students that pushed the issue before the court, said climate change will become “catastrophic as the years go by, if we do not course-correct.”

“The urgency of the matter, the seriousness of why we’re here, and how important this is, is not lost upon all Pacific Islanders, all small island countries,” he told AFP

“That’s why we’re looking to the ICJ.”


Heavy storms in northern Vietnam leave 1 dead, as Wipha weakens into a tropical depression

Heavy storms in northern Vietnam leave 1 dead, as Wipha weakens into a tropical depression
Updated 4 sec ago

Heavy storms in northern Vietnam leave 1 dead, as Wipha weakens into a tropical depression

Heavy storms in northern Vietnam leave 1 dead, as Wipha weakens into a tropical depression
HANOI: Heavy storms in northern Vietnam left one person dead and another missing, police said Wednesday, as Wipha weakened from a tropical storm into a depression.
A 59-year-old man was killed in Nghe An province when a tree fell on his house on Sunday before the storm made landfall, police said. Nghe An, which stretches from the coast to the mountainous Laos border, was among the areas hit hardest by heavy rain and floods. Another woman was swept away by floodwaters and remains missing. Four other people were injured.
Flooding damaged hundreds of homes, destroyed crops and cut off remote communities, officials said.
Nearly 400 households were evacuated from the province's landslide-prone areas, and several upland communities remain isolated without electricity or communication, officials said. Heavy rains triggered landslides that damaged roads, collapsed part of a school building and destroyed crops and forest.
The storm made landfall Tuesday morning with sustained winds of up to 102 kilometers per hour (63 mph) before weakening as it moved inland. It caused power outages, disrupted farming operations and forced temporary airport closures in northern provinces.
In neighboring Thailand, heavy rain from Tuesday night into Wednesday morning triggered flooding in several northern provinces, swelling rivers and inundating homes. Authorities said more than 350 people were affected, though no casualties have been reported. They warned of possible flash floods and landslides.

India to resume issuing tourist visas to Chinese citizens

India to resume issuing tourist visas to Chinese citizens
Updated 23 July 2025

India to resume issuing tourist visas to Chinese citizens

India to resume issuing tourist visas to Chinese citizens
  • Tensions between the two countries escalated following a 2020 military clash along their disputed Himalayan border
  • In response, India imposed restrictions on Chinese investments, banned hundreds of popular Chinese apps and cut passenger routes

HONG KONG: India will resume issuing tourist visas to Chinese citizens from July 24 this year, its embassy in China said on Wednesday, the first time in five years as both countries move to repair their rocky relationship.

Tensions between the two countries escalated following a 2020 military clash along their disputed Himalayan border. In response, India imposed restrictions on Chinese investments, banned hundreds of popular Chinese apps and cut passenger routes.
China suspended visas to Indian citizens and other foreigners around the same time due to the COVID-19 pandemic but lifted those restrictions in 2022, when it resumed issuing visas for students and business travelers.
Tourist visas for Indian nationals remained restricted until March this year, when both countries agreed to resume direct air service.
Relations have gradually improved, with several high-level meetings taking place last year, including talks between Chinese President Xi Jinping and Indian Prime Minister Narendra Modi in Russia in October. China’s Foreign Ministry spokesperson Guo Jiakun said on Wednesday that Beijing had noted the positive move.
“China is ready to maintain communication and consultation with India and constantly improve the level of personal exchanges between the two countries,” he said.
India and China share a 3,800 km (2,400-mile) border that has been disputed since the 1950s. The two countries fought a brief but brutal border war in 1962 and negotiations to settle the dispute have made slow progress. In July, India’s foreign minister told his Chinese counterpart that both countries must resolve border friction, pull back troops and avoid “restrictive trade measures” to normalize their relationship.


UK govt sanctions 25 targets involved in people-smuggling

UK govt sanctions 25 targets involved in people-smuggling
Updated 23 July 2025

UK govt sanctions 25 targets involved in people-smuggling

UK govt sanctions 25 targets involved in people-smuggling
  • In all, 20 individuals, four gangs and one company were sanctioned.

LONDON: The UK on Wednesday sanctioned more than two dozen people, groups and suppliers accused of helping to smuggle migrants across the Channel, in the first such use of sanctions powers.
The move comes as the UK government faces growing pressure to stem the migrant arrivals on small boats from northern France, as numbers hit record levels this year.
The asset freezes and travel bans announced on Wednesday target individuals and entities “driving irregular migration to the UK,” the Foreign Office said.
They include a small boat supplier in China, so-called “hawala” money movers in the Middle East, and gang leaders based in the Balkans and North Africa.
Foreign Secretary David Lammy called it “a landmark moment in the government’s work to tackle organized immigration crime” linked to the UK.
“From Europe to Asia we are taking the fight to the people-smugglers who enable irregular migration, targeting them wherever they are in the world,” he added.
“My message to the gangs who callously risk vulnerable lives for profit is this: we know who you are, and we will work with our partners around the world to hold you to account.”

In all, 20 individuals, four gangs and one company were sanctioned.
Prime Minister Keir Starmer took power a year ago promising to curb the journeys by “smashing the gangs” facilitating the crossings, but has struggled to deliver on the pledge.
The issue has become politically perilous in the UK, blamed for helping to fuel the rise of the far right.
Protests have erupted sporadically outside hotels believed to house asylum-seekers, with a recent demonstration outside one in Epping, east of London, turning violent.
Among those sanctioned on Wednesday was Bledar Lala, described as an Albanian controlling “the ‘Belgium operations’ of an organized criminal group” involved in the crossings.
Also included was Alen Basil, a former police translator who the UK says went on to lead a large smuggling network in Serbia, “terrorizing refugees, with the aid of corrupt policemen.”
Another alleged “gangland boss” sanctioned is Mohammed Tetwani, who London branded “the self-styled ‘King of Horgos’ over his brutal running of a migrant camp in Horgos, Serbia.
He led the Tetwani people-smuggling gang, “known as one of the Balkans’ most violent people-smuggling gangs... members are reported to hold migrants for ransom and sexually abuse women unable to pay their fees,” the Foreign Office said.
The sanctions package targets seven alleged people-smugglers linked to Iraq, and three people accused of using for irregular migration the ancestral “hawala” banking system, which allows cash transfers without money actually moving.
As well as hitting gangs and their leaders in North Africa and the Balkans, it also targets a Chinese company — Weihai Yamar Outdoor Product Co. — which has advertised its small boats online “explicitly for the purpose of people-smuggling.”


Somalia donors losing faith as Al-Shabab surges

Somalia donors losing faith as Al-Shabab surges
Updated 23 July 2025

Somalia donors losing faith as Al-Shabab surges

Somalia donors losing faith as Al-Shabab surges
  • Despite billions of dollars in international support, Somalia’s army has melted in the face of an offensive by the Al-Qaeda-linked Al-Shabab insurgency, and donors are running out of patience

NAIROBI: Despite billions of dollars in international support, Somalia’s army has melted in the face of a months-long offensive by the Al-Qaeda-linked Al-Shabab insurgency, and donors are running out of patience.
Using hundreds of fighters and a vehicle packed with explosives for a suicide attack, Al-Shabab retook the town of Moqokori on July 7, the latest in a wave of defeats this year for the government.
It has given them a strategic geographical position to launch attacks into the Hiiraan region, but it was also a powerful symbolic victory over a local clan militia that had been the government’s “best fighting force” against Al-Shabab, according to Omar Mahmood of the International Crisis Group.
Somalia’s government has been battling the Islamist militant group since the mid-2000s and its fortunes have waxed and waned, but now faces a perfect storm of declining international support, a demoralized army and political infighting.
The government relied on local militias, known as “Macwiisley,” for a successful campaign in 2022-23, taking some 200 towns and villages from Al-Shabab.
But the insurgents’ counter-offensive this year has seen them regain some 90 percent of their lost territory, estimates Rashid Abdi of Sahan Research, a think tank.
Towns that were supposed models of stabilization, like Masaajid Cali Gaduud and Adan Yabal, have fallen. Three bridges along the Shebelle River, crucial to military supply lines, have been destroyed.
“The whole stretch from the north-west to the south-west of Mogadishu is now controlled largely by Al-Shabab,” Abdi told AFP.
The Macwiisley campaign collapsed, he said, because the government of President Hassan Sheikh Mohamud, known as HSM, “was extremely inept at working with the clans,” empowering some and not others based on political favoritism rather than military needs.
“The mobilization went well when the president came from Mogadishu to start the first phase of the offensive (in 2022). Everybody was heavily involved in the fighting... assisting the national army,” Mohamed Hassan, a local militia member in Hiiraan, told AFP.
“It’s no longer the same because the leadership are no longer involved and there seems to be disorganization in how the community militias are mobilized,” he added.
The Somali National Army has done little to stem the insurgents, unsurprising for a force “still in development mode while trying to fight a war at the same time,” said Mahmood, the analyst.
Its most effective arm, the US-trained “Danab” commando unit, is better at killing militants than holding territory, and has suffered demoralizing losses to its officer corps, added Abdi.
“We are beginning to see an army that is not just dysfunctional, but losing the will to actually fight,” he said.
The problems stem from the wider chaos of Somali politics, in which a kaleidoscope of clan demands have never resolved into anything like a national consensus.
The government has vowed a renewed military push, but President Mohamud’s focus has been on holding the country’s first-ever one-man, one-vote election next year.
That “will not happen,” said a Western diplomat, speaking on condition of anonymity. Even in Mogadishu, where security is strongest, “any polling station would get bombed,” he said.
“It’s unfortunate that attention was shifted toward insignificant political-related matters which do not help security instead of focusing on strengthening the armed forces,” ex-president Sharif Sheikh Ahmed recently told reporters.
Al-Shabab has not launched a full assault on the capital, but has repeatedly demonstrated its presence.
Pot-shots targeting the airport are at an all-time high, said the diplomat, and Mohamud narrowly survived an attack on his convoy outside the presidential palace in March.
The group also controls much of the economy.
“It out-taxes the state. Its business tentacles spread everywhere,” said Abdi. “It is one of the wealthiest insurgencies in Africa.”
Meanwhile, the government’s foreign backers are losing patience.
The European Union and United States have poured well over $7 billion into Somali security — primarily various African Union-led missions — since 2007, according to the EU Institute for Security Studies.
The previous AU mission ended in December, but had to be immediately replaced with a new one — with the quip-generating acronym AUSSOM — because Somali forces were still not ready to take over.
“There’s a huge amount of donor fatigue. People are asking: ‘What have we bought for the last 10 years?’ Seeing the army run away and having (to create) AUSSOM was really hard for people,” said the diplomat.
Donors, especially Washington, are reluctant to keep funding the AU mission.
Mahmood estimates it will scrabble together two-thirds of its funding for 2025: “Enough to keep things going... but there’s clearly a chronic shortfall.”
Somalia has struck deals with newer partners like the United Arab Emirates, Qatar and Egypt. Turkiye has deployed about 500 troops, backed by drones, to reinforce security in Mogadishu.
But they are interested in protecting investments such as a mooted Turkish spaceport, said Mahmood, rather than leading the fight against Al-Shabab.
“We are staring at a very grim situation,” said Abdi.


Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor

Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor
Updated 23 July 2025

Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor

Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor

TRENTON, N.J.: The Justice Department fought to keep President Donald Trump’s former lawyer, Alina Habba, in place as the top federal prosecutor in New Jersey on Tuesday after a panel of judges refused to extend her tenure and appointed someone else to the job.
Habba, who had been named the interim US attorney for the state in March, appeared to lose the position earlier Tuesday, when judges in the district declined to keep her in the post while she awaits confirmation by the US Senate.
Acting under a law that generally limits the terms of interim US attorneys to 120 days, the judges appointed one of Habba’s subordinates, Desiree Leigh Grace, as her successor.
But just hours later, Attorney General Pam Bondi announced that she had in turn removed Grace, blaming Habba’s removal on “politically minded judges.”
“This Department of Justice does not tolerate rogue judges,” Bondi said on social media. The attorney general’s second in command, Deputy Attorney General Todd Blanche, said in a post on social media that he didn’t believe Habba’s 120-day term expired until 11:59 p.m. Friday.
White House spokesperson Harrison Fields said in a statement that Trump has full confidence in Habba and that the administration would work to get her confirmed by the US Senate, despite opposition from New Jersey’s two senators, both Democrats, who potentially have the power to block her nomination.
The judicial order appointing Grace, signed by Chief Judge Renee Marie Bumb, didn’t list any reasons for picking her for the position over Habba. Grace’s LinkedIn page shows she’s served as a federal prosecutor in New Jersey for the last nearly nine years.
Messages seeking comment were left with Habba’s office and the Justice Department.
Alina Habba’s tenure in New Jersey as top prosecutor
During her four-month tenure, Habba’s office tangled with two prominent New Jersey Democrats — Newark Mayor Ras Baraka and US Rep. LaMonica McIver, over their actions during a chaotic visit to a privately operated immigration detention center in the state’s largest city.
Baraka was arrested on a trespass charge stemming from his attempt to join a congressional visit of the facility. Baraka denied any wrongdoing and Habba eventually dropped that charge. US Magistrate Judge Andre Espinosa rebuked Habba’s office over the arrest and short-lived prosecution, calling it a “worrisome misstep.” Baraka is now suing Habba over what he says was a “malicious prosecution.”
Habba then brought assault charges against McIver, whose district includes Newark, over physical contact she made with law enforcement officials as Baraka was being arrested.
The prosecution, which is still pending, is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption. McIver denies that anything she did amounted to assault.
Besides the prosecution of McIver, Habba had announced she launched an investigation into New Jersey’s Democratic governor, Phil Murphy, and attorney general, Matt Platkin, over the state’s directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement.
In social media posts, Habba highlighted her office’s prosecution of drug traffickers, including against 30 members of a fentanyl and crack cocaine ring in Newark.
Habba’s nomination has stalled under senatorial courtesy
Trump, a Republican, formally nominated Habba as his pick for US attorney on July 1, but the state’s two Democratic US senators, Cory Booker and Andy Kim signaled their opposition to her appointment. Under a long-standing Senate practice known as senatorial courtesy, a nomination can stall out without backing from home state senators, a phenomenon facing a handful of other Trump picks for US attorney.
Booker and Kim accused Habba of bringing politically motivated prosecutions.
What is Habba’s background?
Once a partner in a small law firm near Trump’s New Jersey golf course, Habba served as a senior adviser for Trump’s political action committee, defended him in court in several lawsuits and acted as a spokesperson last year as he volleyed between courtrooms and the campaign trail.
US attorneys often have experience as prosecutors, including at the state or local level. Many, including the acting US attorneys in Brooklyn and Manhattan, have worked in the offices they now lead.
Habba said she wanted to pursue the president’s agenda of “putting America first.”
Habba was one of Trump’s most visible defense attorneys, appearing on cable TV news as his “legal spokesperson.” She represented Trump in 2024 in the defamation case involving E. Jean Carroll.
But Habba has had limited federal court experience, practicing mainly in state-level courts. During the Carroll trial, Judge Lewis A. Kaplan chided Habba for botching procedure, misstating the law, asking about off-limits topics and objecting after he ruled.