Tougher rules for emitters begin in Africa after ICJ

Nearly a year after the International Court of Justice issued its advisory opinion shifting climate action from political choice to legal duty, African governments are tightening climate laws and enforcement.

The advisory opinion delivered on 23 July 2025 affirmed that states have binding obligations to protect the climate system and may face legal consequences for causing climate harm.

Kenya, in particular, is leading Africa’s push as it begins to review penalties for firms that break emissions rules and baking climate checks into decisions on new projects and public spending.

The advisory opinion delivered on 23 July 2025 affirmed that states have binding obligations to protect the climate system and may face legal consequences for causing climate harm.

Kenya, in particular, is leading Africa’s push as it begins to review penalties for firms that break emissions rules and baking climate checks into decisions on new projects and public spending.

Kenya’s Principal Secretary for Foreign and Diaspora Affairs, Korir Sing’Oei, told delegates at a Nairobi conference that the decision marks a turning point for Kenya and Africa.

“For Kenya, this means accelerating implementation, strengthening enforcement, and fully integrating climate action into our development and economic decisions,” he said during the opening of a three-day high-level meeting.

The meeting, held from 21 to 23 April 2026, was convened by the Centre for International Forestry Research and World Agroforestry in partnership with the Government of Kenya, Queen Mary University of London, Kabarak University and the Technical University of Kenya.

It brought together senior officials from East Africa and the Horn of Africa, alongside representatives from the East African Community, African Union Commission, the United Nations and civil society groups.

A long-standing gap between climate ambition and enforcement was a key theme of the event, which Sing’Oei said the ICJ opinion could help close by reinforcing domestic and international legal standards.

“The challenge has been enforcement, but the decision now helps ensure more rigorous application of standards already encoded in our laws, as well as those under international law,” he said.

He added that Kenya is increasingly aligning its economic agenda with climate obligations, particularly in global trade engagements.

“We are cognisant that environmental targets and related matters are included in trade negotiations so that, in pursuing trade outcomes, we do not harm those targets we are obliged to meet,” said Sing’Oei.

Africa contributes less than 4% of global greenhouse gas emissions but is among the regions most exposed to climate shocks. According to the African Development Bank and the World Meteorological Organization, the continent is already experiencing rising temperatures, prolonged droughts and more frequent floods.

These impacts are hitting key sectors such as agriculture and infrastructure, threatening food security and risking the reversal of development gains across multiple countries.

Even as the legal case for action strengthens, financing remains a major constraint for the East African economy and the continent at large.

At COP28, governments agreed to operationalise the Fund for Responding to Loss and Damage, a mechanism intended to support countries most affected by climate change. Initial pledges totalled between US$700 million and US$752 million, with contributions from the United Arab Emirates, Germany, the United Kingdom, the United States and the European Union.

That figure falls far short of the more than US$400 billion estimated to be needed annually to address climate-related losses and damage in vulnerable countries.

African leaders and experts at the Africa climate-led forum said this gap underscores the importance of the ICJ opinion as a tool for policy alignment and accountability.

They argued that the ruling strengthens Africa’s position in demanding responsibility from major emitters while also shaping its own climate solutions.

CIFOR-ICRAF Chief Executive Officer Éliane Ubalijoro said the issue goes beyond environmental concerns and cuts to the core of development.

“This is fundamentally a human and development issue. We need science, law and policy to work together so we can move from principle to action and deliver real solutions for communities,” she said.

Legal experts said African countries may now need to revisit existing frameworks to align them with the new global legal context.

The African Group of Negotiators Experts Support Team Leader, George Wamukoya, said governments should review and strengthen national laws to ensure they are comprehensive and enforceable.

“In Kenya, we may need to relook at legislation such as the Environmental Management and Coordination Act as well as the Climate Change Act,” he said.

He added that the ICJ opinion carries implications even for countries that have stepped back from global climate agreements.

“The advisory opinion is very important because even if a country withdraws from international climate agreements, it is still bound by customary international law and principles. That means legal action can still be pursued to hold it accountable for failing to meet its obligations,” said Wamukoya.

OPA News Agency