Explanatory Note on the United Nations General Assembly (UNGA) Resolution – International Court of Justice (ICJ) Advisory Opinion on the Obligations of States in respect of[...]

South Africa's decision to abstain from the vote on United Nations General Assembly Resolution A/80/L.65 is a reflection of our principled defence of the established global climate framework, rather than a departure from our climate commitments. Having actively participated in the proceedings and submitted comprehensive written and oral statements to the International Court of Justice (ICJ), South Africa fully welcomes and supports the historic July 2025 Advisory Opinion on the Obligations of States in respect of Climate Change. Our submissions consistently underscored that climate change is a cross-cutting challenge intrinsically linked to sustainable development, wherein developed nations bear the primary historical responsibility for greenhouse gas emissions.

Throughout the negotiations on Resolution A/80/L.65, South Africa engaged constructively, proposing amendments aimed at achieving a balanced text. However, we consistently raised concerns that the final resolution was selective, highlighting certain aspects of the Advisory Opinion while omitting others. Crucially, the text interprets the Court's opinion in a manner inconsistent with the bedrock principles of the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement.

By failing to properly reflect historical responsibility, the guiding principle of Equity, and Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC), the resolution dilutes the obligations of developed economies. Furthermore, it fails to explicitly recognise the unique vulnerability of African countries to the impacts of climate change - a position clearly established under the UNFCCC. While Africa contributes only a fraction of global emissions, it suffers disproportionately from its consequences. South Africa's abstention is therefore an assertion that any multilateral resolution flowing from the ICJ's opinion must faithfully uphold, rather than compromise, the delicate balance of equity and differentiated responsibility negotiated under the UNFCCC.

ISSUED BY THE DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION

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