Climate Activism In Judicial Drag

Guest Post by Willis Eschenbach

If you’d asked me last week to imagine the world’s “highest court” declaring climate science settled by judicial fiat, and then threatening the globe with reparations if governments don’t color inside the climate lines, I’d have poured myself a stiff gin-and-tonic and double-checked the URL.

But alas, welcome to 2025, where the International Court of Justice (ICJ) has just handed down an “advisory opinion” so ambitious, sanctimonious, and scientifically shallow that it reads less like a court ruling and more like the script for a very, very earnest United Nations bake sale. Their own summary of their latest lunacy is here.

Let’s set the table. The ICJ was asked by true-green climate activists to weigh in on whether countries that—brace yourself—aren’t “protecting the climate”, whatever that might mean, are guilty of internationally wrongful conduct.

Not just frowned upon. Not just eligible for a stern talking-to.

Nope: guilty. Legally at fault. Reparations, anyone?

Below is a view of the self-important, arrogant, pompous bench-warmers who think they rule both the world and your pocketbook and are the final arbiters of scientific truth.

And if you thought for a second that their ruling was confined to immediate, actual demonstrable harm, allow me to introduce you to the court’s new climate doctrine: “The environment is the foundation for all human rights.”

Human rights are based on the environment? I mean, who knew? Clearly, the authors of the US Declaration of Independence were blissfully ignorant of that claim when they said:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

But nooo … apparently, the right to a “clean, healthy, and sustainable environment” is not just a good aspiration, but a precondition and foundation for everything from shelter to the Declaration of Independence.

In these several dozen pages of turgid judicial prose, the court repeatedly assures us that the science is both “unequivocal” and “consensual.” Take a broom and sweep aside the actual, messy debates among climatologists, physicists, statisticians, and economists. Why bother with IPCC’s footnotes and caveats, uncertainty ranges, or the fact that roughly half the scientific world’s population is busy fighting over causal attributions, model reliability, emission pathways, and feedbacks? The ICJ can clear all that up with a wave of the bench.

Never mind that many credentialed scientists—yes, those with tenure, lab coats, and neural networks—keep pointing out flaws in everything from the accuracy of climate models to the lack of robust evidence connecting certain weather events directly to CO₂ emissions.

Those tedious debates? Airbrushed away, replaced by a judicially anointed TRUTH, enforceable anywhere a lawyer can file papers and find a sympathetic press release.

The court then leaps from this supposedly airtight science to the conclusion that all countries are not just morally but legally required to throttle fossil fuels, pay reparations for “climate harm,” whatever that might be at any instant, and—here’s the kicker—restructure their entire economies and energy grids to satisfy the ambitions of the most anxious delegates in the UN General Assembly.

Oh, and it’s not just about emissions within your own border, but across the ether of international commerce, all the way down to how a can of soup is shipped from Kansas to Kazakhstan.

If this strikes you as a rather energetic reading of judicial authority, you’re not alone. The ICJ’s ruling doesn’t just interpret treaties—it rewrites them, pastes new concepts of liability on top, and then wags its finger at every government in creation, basically saying: “Comply, or risk being labeled an international outlaw … and subsequently shaken down for damages.”

(The good news is that this is an “advisory” opinion, not a judicial ruling, and fortunately, any actual power to enforce this is still missing from the court’s toolbelt. But you can expect a flotilla of lawsuits, climate tribunals, and legal NGOs licking their chops.)

Non-judicial conclusions abound in this ruling. The bench, now apparently staffed with philosophers and prophets, instructs the world’s engineers and energy analysts that mitigation cannot wait, adaptation is mandatory, and—lest you were planning on retiring quietly—the only acceptable future is one with emission reductions “of the highest ambition.” You expected law? Foolish you.

You get a political manifesto disguised in judicial robes.

Be clear, though. The danger here isn’t just about climate. It’s about precedent.

If international courts now claim the right to set social, economic, and technological policy for the entire planet by declaratory fiat, who needs parliaments, governments, scientific panels, or—heaven forbid—public debate?

If some green-hued imaginary version of “the environment” is an existential human right, why should courts not do the same for “algorithmic fairness,” “biodiversity equity,” “DEI”, “climate justice” or whatever cause rolls in next with a chorus of law students and a well-produced video appeal?

And don’t kid yourself—this opinion will ricochet through national courts, insurance companies, and boardrooms, emboldening activists to weaponize every multinational agreement in the book against anyone who doesn’t toe the line. The threat of endless litigation, the economic blackmail inherent in “reparations,” and the specter of legal insecurity will choke innovation, investment, and real-world progress faster than you can say “Paris Agreement.”

This ruling is a perfect example of why about two-thirds of the global population lives in countries that have flat-out REFUSED to be ruled by these activist lunatics in black robes … including, thankfully, the US. The US withdrew from the ICJ’s compulsory jurisdiction in 1986, meaning it is not automatically bound by ICJ judgments. Me, I think we should withdraw from the ICJ entirely and let them play with themselves.

In sum, the ruling isn’t just an overstep. It’s a pole vault over the judicial fence, landing squarely in the realm of politics, philosophy, and scientific orthodoxy enforced by dubious legal muscle. We’re now one step closer to a world where the outcome of complex, unsettled questions gets dictated by robe and gavel, not science, reason, public debate, or reality … and that is a very dangerous precedent.

Good luck to us all. My solution?

US out of the UN entirely, including out of the ICJ and every other slimy tentacle of the UN. It is a snake-pit of vipers, totalitarians, anti-Semites, self-important “jurists”, and crazy green activists.

UN out of the US entirely. Move the headquarters to Ouagadougou or someplace where the locals need help, forbid the UN employees from using air conditioning so they can “protect the climate”, and see how many UN fat-cats and parasites living the good life in New York City suddenly quit to “spend more time with their families” …

My best to all, keep fighting the good fight,

w.

PS—Yeah, you’ve heard it before. When you comment, quote the exact words you’re discussing, so we can tell what you’re talking about.