NASSAU, BAHAMAS- In a compelling address to the International Court of Justice (ICJ) on December 13, H.E. Cheryl Bazard, KC, Ambassador of The Bahamas to the Kingdom of Belgium and the European Union, called for greater accountability from major polluters and stressed the urgent need for global action to combat climate change. Representing the Organisation of African, Caribbean and Pacific States (OACPS) in her role as Chair of its Small Island Developing States (SIDS) Forum, Ambassador Bazard addressed the ICJ during its historic hearing on the “Obligations of States in Respect of Climate Change” on the final day of hearings at the Peace Palace in The Hague.
Ambassador Bazard was accompanied by Cristelle Pratt, Assistant Secretary General of the OACPS; Professor Pierre-Marie Dupuy; and Brenda Reson Sapuro, a young Kenyan environmental lawyer and African Front coordinator for the World’s Youth for Climate Justice (WYCJ).
During her presentation, Ambassador Bazard sought to dismantle key arguments from major polluting nations that attempt to evade responsibility for climate-related harm. She emphasized the importance of the obligation of prevention under international law and the accountability of states for environmental damage both within and beyond their borders.
“The arguments made by major polluting states are deeply flawed and misleading. They aim to prevent the Court from fulfilling its mandate in these proceedings,” Ambassador Bazard stated.
She reiterated that the prevention principle, enshrined in multiple international legal instruments, applies directly to climate change, contrary to claims by some major emitters. Furthermore, she asserted that responsibility for climate harm extends beyond the implementation of modern climate treaties like the Kyoto Protocol and Paris Agreement, dating back to well-established obligations from the 1960s onward.
The ICJ hearings aim to clarify the legal responsibilities of nations under international law in addressing climate-related harm. Ambassador Bazard’s remarks reflect the unified stance of the OACPS and other vulnerable nations seeking a binding legal interpretation of these obligations.
She emphasized the foundational principle that the climate system belongs to no single state but affects everyone. Failing to act or hold polluters accountable aligns one with climate deniers. This principle echoes the historic International Tribunal for the Law of the Sea (ITLOS) Advisory Opinion on Climate Change, issued on May 21, 2024, in Hamburg, Germany, where Ambassador Bazard represented The Bahamas. That ruling categorized carbon dioxide and heat entering the ocean from human activity as pollution.
Ambassador Bazard’s call to action underscores the urgent need for cooperation and collective responsibility, particularly from high-emission nations, to safeguard the climate system for current and future generations. Her intervention follows submissions from other climate-vulnerable nations, including Vanuatu, Barbados, and the Melanesian Spearhead Group.
The Bahamas has long been a leader in advocating for climate justice, driven by the existential threats posed by rising sea levels, extreme weather events, and ocean degradation. As a low-lying archipelagic nation, The Bahamas faces significant risks from climate change. Through its active participation in international negotiations and advocacy in global forums like the ICJ, The Bahamas continues to champion the rights and interests of Small Island Developing States (SIDS), which contribute the least to global emissions but bear the greatest burden, particularly in relation to financing adaptation, mitigation, and recovery efforts.
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