Statement by the Chairperson of the National Human Rights Commission of Korea Welcoming the Advisory Opinion of the International Court of Justice (ICJ)
□ The National Human Rights Commission of Korea (Chairperson Ahn Chang-ho, hereinafter “NHRCK”) welcomes the advisory opinion issued by the International Court of Justice (ICJ) on July 23, which clarifies the international legal responsibilities of States and corporations regarding climate change. The ICJ emphasized that States, in accordance with international human rights law, must protect the climate system and environment to ensure the effective enjoyment of human rights.
□ The ICJ noted that the existing Paris Agreement target, whereby each country takes voluntary measures to limit global average temperature rise to 1.5°C above pre-industrial levels. is insufficient to adequately protect humanity and nature. It concluded that States take international legal obligation to adhere to the 1.5°C target.
□ Importantly, the ICJ affirmed that not only States but also corporations bear responsibility for human rights violations arising from climate change. Corporations must refrain from activities such as greenhouse gas emissions that could infringe upon human rights, and they are obligated to exercise due diligence to prevent and remedy such violations. Furthermore, states have a duty to take proactive measures to prevent irreparable harm to the climate and human rights resulting from corporate activities.
□ This advisory opinion was issued pursuant to UN General Assembly resolution A/RES/77/276, adopted in March 2023. The ICJ received written submissions from UN member states and international organizations and held public hearings before delivering its opinion. As this opinion reflects the broad consensus of the international community, all UN member states, including the Republic of Korea, must respect and act upon it.
□ Previously, the International Tribunal for the Law of the Sea (ITLOS) and the Inter-American Court of Human Rights (IACHR) have issued similar advisory opinions clarifying the obligations of States to reduce greenhouse gas emissions and address the climate crisis. The ICJ’s decision further reinforces this emerging trend in international law.
□ In Korea, the Constitutional Court has confirmed that the State must take adequate measures against the climate crisis. It has requested that the government establish a 2031–2049 greenhouse gas reduction pathway consistent with Korea’s share of global efforts, while ensuring that excessive burdens are not shifted to future generations. In line with this, the NHRCK has recommended that the government set the 2035 Nationally Determined Contribution (NDC) in line with the global reduction pathway presented by the Intergovernmental Panel on Climate Change (IPCC)—a 60% reduction from 2019 levels by 2035—and adopt a front-loaded reduction trajectory that cuts as much emissions as possible in the early years to safeguard the carbon budget for future generations.
□ The Korean government has a duty to take into account the Constitutional Court’s decision, the recommendations of the NHRCK, and the guidance of international courts, including the ICJ, when formulating and implementing its climate policies. Therefore, the NHRCK urges the government to set the 2035 NDC with the highest possible level of ambition to protect the carbon budget that should be preserved for future generations, and to mobilize all available resources to achieve this target.
July 24, 2025
Ahn Chang-ho
Chairperson, National Human Rights Commission of Korea
