Last Friday, Attorney General (AG) Honourable Thabo Chakaka-Nyirenda, appeared before the International Court of Justice (ICJ) in The Hague to present Malawi’s pressing case on climate change.
In a compelling speech, and assisted by his team, he detailed the severe impacts of climate change on Malawi and highlighted the disproportionate burden borne by least developed countries (LDCs), including Malawi.
“The consequences of climate change have affected and will continue to affect—disproportionately—my continent, Africa. And they have affected and will continue to affect—disproportionately—my country, Malawi,” declared the AG.
Malawi contributes less than 0.01 percent to global greenhouse gas emissions yet bears the brunt of climate-related disasters. “Despite this negligible contribution, the nation faces significant consequences, making it a clear example of the crisis of inequity.”
Honourable Nyirenda highlighted how altered rainfall patterns and rising temperatures severely impact agriculture, a sector on which approximately 80 percent of Malawi’s rural population depends.
He said climate change has triggered widespread disasters. “Last year, the floods Malawi experienced led to the largest cholera outbreak on record, killing more than seventeen hundred Malawians.”
Between 2010 and 2022, Malawi faced 16 major flooding events, five storm-related disasters, and two severe droughts, each affecting millions and costing nearly a quarter of the annual budget, he told the court.
In concluding, the AG made a poignant plea: “Malawi is suffering these consequences of climate change now. We need immediate and collective action to address this global crisis.”
Malawi’s presentation at the ICJ underscores the urgent need for a fair and equitable approach to climate change, recognizing the disproportionate impacts on LDCs and pushing for robust international cooperation.
The AG, through the 15-judge panel, appealed that countries like Malawi should receive reparations in the form of monetary compensation and total debt cancellation from the countries that are responsible for the climate change crisis.
After hearing a number of presentations from different countries, the ICJ would at a later stage issue its Advisory Opinion.
The upcoming Advisory Opinion by the ICJ on climate change could provide authoritative guidance on states’ obligations under international law to protect the climate system and environment.
While not legally binding, such an opinion could influence global climate governance and encourage states to take more robust actions to address climate change. The opinions carry significant legal weight and moral authority.
These opinions are often used as instruments of preventive diplomacy and peace, helping to clarify international law and guide states in their actions.
