THE International Court of Justice (ICJ) has sent a strong message to the world: taking serious action on climate change is not just a good idea – it is a legal duty.
In a landmark advisory opinion released on July 23, 2025, the ICJ confirmed that countries have clear obligations under international law to protect people and the planet from the impacts of climate change. These responsibilities go beyond the Paris Agreement – they are rooted in broader legal duties that all nations must uphold.
Crucially, the court concluded that a failure of countries to protect the environment from greenhouse gas emissions, including through regulation of private companies that fuel the climate crisis, may constitute a breach of obligations under international law.
While not legally binding, this determination by the ICJ carries weight. It will shape how governments, investors, companies, and courts understand their responsibilities. And it puts Malaysia – as both a fossil-fuel-producing nation and a regional leader – under the spotlight.
Malaysia is at a crossroads. We have pledged net zero by 2050 and aspire to become a regional green tech hub. Yet we remain heavily reliant on fossil fuels. Government subsidies still make petrol and gas artificially cheap. And while there are encouraging steps in renewables and electric vehicles, our transition away from oil and gas is far too slow.
The ICJ advisory opinion makes it clear: foot-dragging is no longer morally or legally defensible. Malaysia will face growing national and international pressure to act.
Investors, trade partners, civil society, and national courts are watching. The ICJ outlines that failure to control emissions – or to regulate corporate polluters – functions as a failure of multiple country duties under international law. That includes subsidising fossil fuels, approving new coal or oil projects, or passing weak climate policies that do not rise to the ambitions countries have committed to under various international agreements.
A critical element of the advisory opinion is its link between climate and human rights. “The full enjoyment of human rights cannot be ensured without the protection of the climate system,” the court said. In simple terms: we cannot live safe, healthy lives without a healthy environment.
This movement was originally driven by young Pacific Islanders, who brought the case forward through initiatives like Pacific Island Students Fighting Climate Change and World Youth for Climate Justice. These advocates remind us that drafting and interpreting international law is not the sole domain of states. Young people are reshaping it, demanding accountability and inspiring reform across the globe.
In Malaysia, we are already feeling the consequences of inaction. Floods are worsening. Heatwaves are more frequent. Haze disrupts daily life and harms health, especially for children. These aren’t future threats – they are here now, and the most vulnerable are hit first. A safe climate is not just a scientific or policy matter. It is the foundation for clean air, clean water, secure homes, and a liveable future. Government must help people connect the dots – not pursue policies that compromise both the environment and public health.
So, what now?
First, accelerate the energy transition. The government must end fossil fuel subsidies and redirect that money into renewable energy, public transport, and support for workers in high-carbon industries. The transition must also be just – rural and lower-income communities need to benefit, not be left behind.
According to the World Bank, Malaysia spent RM52bil on blanket fossil fuel subsidies in 2022. Redirected to clean energy, that could fund 15 to 17 gigawatts of solar power – enough for over five million homes – or build thousands of megawatts of grid-scale battery storage to stabilise a renewables-powered grid. It could electrify rural areas, support transition funds for oil and gas workers, and modernise the national grid to meet future demand. In short, RM52bil could kickstart a job-creating, emissions-cutting energy revolution.
Second, regulate polluters. Companies must be held accountable for their emissions. Voluntary commitments and ESG (environmental, social, and governance) talk are not enough. The ICJ has affirmed that governments must act to uphold their international legal obligations. Whether it’s palm oil, construction, transport, or oil and gas, the private sector must become part of the solution, not remain part of the problem. And citizens, media and civil society must hold both government and business to account.
Third, lead in Asean and beyond. Malaysia has a chance to shape regional climate action. We should push for shared rules across South-East Asia on climate ambition, just transition, and environmental safeguards. Progress is patchy. The Asean 2045 Vision, released under Malaysia’s leadership this year, barely addresses climate change or fossil fuel dependency. That must change. If Asean is truly “people-centred”, its vision must reflect a serious commitment to protecting its citizens, especially those most vulnerable to climate impacts.
The ICJ advisory opinion gives the world a powerful tool to push for stronger, fairer climate action backed by international law. Malaysia can choose to lead in this new era or risk being seen as out of step with global expectations.
We should not treat this opinion as a threat. It is a wake-up call. It is a chance to reset. And it is an opportunity for Malaysia to prove it is ready to protect both people and planet.
Prof Tan Sri Dr Jemilah Mahmood, a physician and experienced crisis leader, is the executive director of the Sunway Centre for Planetary Health at Sunway University, Malaysia. She is the founder of international aid organisation Mercy Malaysia and has served in leadership roles internationally with the United Nations and Red Cross for the last decade. She was the 2019 recipient of the Asean prize. The views expressed here are entirely the writer's own.
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