How to Submit Written Observations on the African Court’s Advisory Opinion on Climate Change

During the last four years, four different international tribunals have been asked to issue advisory opinions regarding what obligations international law imposes on States when it comes to addressing climate change. The first response to these requests came from the International Tribunal for the Law of the Sea (ITLOS) in May 2024, focusing on what the United Nations Convention on the Law of the Sea (UNCLOS) requires States to do in response to climate change. A year later, in July 2025, another advisory opinion was delivered by the Inter-American Court of Human Rights (IACtHR) on what obligations governments in the Americas have to protect and secure human rights that are impacted by climate change. Just a few weeks later, the International Court of Justice (ICJ) weighed in with a third advisory opinion on climate change that examined more generally the obligations States have under international law in regard to protecting the climate system as well as the “legal consequences under these obligations for the ‘acts and omissions’ of States where they have caused significant harm to the climate system and other parts of the environment.” Now the African Court on Human and Peoples’ Rights (AfCHPR) is in the process of accepting submissions of written observations to inform its own formulation of Advisory Opinion No. 001/2025, concerning the obligations of African States with respect to the climate change crisis. This post provides guidelines for successfully submitting such written observations to the AfCHPR. The deadline for these submissions is March 30, 2026.

Learn about other aspects of the AfCHPR in the Regional Oversight section of the CGLJ Resource Hub.

What is an advisory opinion?

An advisory opinion is a court’s interpretation of what it considers the law to be. An advisory opinion is different from a judgement in that it is not the result of a contentious dispute between two parties. For this reason, advisory opinions are normally not considered to be legally binding in the same way as a judgement would be. Advisory opinions from international and regional tribunals are nevertheless important tools in clarifying and developing international law, particularly when it comes to addressing topics that international treaties do not fully speak to, as is the case with the climate change crisis. While technically non-binding, advisory opinions are widely regarded as authoritative interpretations of international law and carry considerable persuasive weight in international legal discourse.

What can an advisory opinion on climate change from the AfCHPR contribute that the other three advisory opinions haven’t?

Climate change affects different regions of the world in different ways. For instance, the African continent has contributed less to climate change than other continents, and yet has already begun to suffer more serious negative effects from climate change than other parts of the world. Unfortunately, as noted in Professor Dina Lupin’s analysis of the ICJ’s advisory opinion, “African concerns, arguments, and solutions got little attention in the . . . opinion” despite African States’ active participation in the ICJ advisory opinion process. An interpretation of climate change obligations that centers African perspectives would not only serve countries in the region but enrich the broader international legal discourse that existing opinions have left incomplete.

It is perhaps unsurprising, given this disproportionate exposure to environmental harm, that the African human rights system has long prioritized the relationship between environmental protection and human rights. The AfCHPR’s principal source of law, the African Charter on Human and Peoples’ Rights (Banjul Charter), is the oldest and most widely adopted human rights treaty that expressly recognizes an individual’s right to a healthy environment independently from the environment’s impact on other human rights (art. 24). This longer trajectory means the African human rights system has had more time to grapple with the nexus between environmental protection and human rights. The AfCHPR is therefore uniquely positioned to contribute to a more global conversation about the impact of environmental degradation on human rights, including through climate change. For a deeper exploration of the African human rights system’s potential as a global leader in addressing climate change, see Abadir Ibrahim and Angela Hefti’s forthcoming piece in the Yale Journal of International Law, Contributions of the African Human Rights System to International Climate Law (written in March 2025).

When are observations due?

The deadline for filing requests to join as amicus curiae (“friends of the court”) as well as for filing observations and submissions has been extended to March 30, 2026.

Who may submit written observations to the AfCHPR?

Articles 83 and 84 of the Rules of the Court allow two types of entities to submit written observations as “friends of the Court” (or amicus curiae):

1. Entities invited by the Court on its own initiative (or mero motu) to submit observations. Article 83(2) specifies that this group shall normally include:
   “a. Member States of the African Union;
   b. The Commission;
   c. Relevant AU Organs; and
   d. Any other relevant entities.”
2. “Any other interested entity may be authorized by the Court” to submit written observations as well, but they must first apply for leave from the Court to do so.

How do entities not already invited by the Court to submit observations apply for leave to do so?

An application for leave to file an amicus brief should be made in writing and filed with the Registry of the Court. The registry’s email addresses are registry@african-court.org and registrar@african-court.org. Further inquiries may be made to the current acting registrar, Ms. Grace Wakio Kakai, at Grace.Wakio@african-court.org or to Senior Legal Officer, Dr. Mwiza Nkhata, at Mwiza.Nkhata@african-court.org.

While there are no specific requirements regarding format, structure and length of requests for leave to act as amicus curiae, article 25 of the AfCHPR’s Practice Directions does require that applicants “specify[] the contribution they intend to make regarding the [matter they’re hoping to file observations on].” In a recent webinar on this process, Dzimbabwe Chimbga, lead Counsel for the African Climate Platform (ACP), reminded advocates to keep in mind that the purpose of an amicus brief is “to provide the Court with additional and useful information or perspectives that it may not otherwise have access to, often from parties with a strong interest and knowledge in the subject matter.” He and Professor Dina Lupin have created a template that advocates may use to facilitate this step of the process. The template suggests including the following information in an application for leave:

• Introduce yourself and/or your organization, providing some background information and explaining what specific expertise, qualifications and experience you will bring to bear on the matter before the court and area.
• Provide a concise a summary of the substantive arguments and information you intend to present to the Court in your amicus brief.
• Include an overview of the factual or contextual background, if adding new information that has not already been presented to the Court.
• To the extent that your submission will directly contribute to answering the questions set before the Court in the Advisory Opinion Request (these are listed in both the advisory request and the advisory summary), specify which of these questions your submission will speak to.

Are there specific guidelines for submitting written observations (an amicus brief)?

The AfCHPR’s Practice Directions prescribe a two-step process whereby an interested party first (1.) applies for leave to be admitted as amicus, and once admitted, then (2.) files a full amicus brief on substantive issues. In his description of the process, Mr. Chimbga indicates that in practice the AfCHPR has often accepted and processed filings where the application for leave and the substantive amicus brief were filed jointly. Given that the March 30 deadline for filing both is fast approaching, advocates may want to consider submitting both filings at the same time. The substantive amicus brief must also filed with the Registry of the Court. As noted above, the registry’s email addresses are registry@african-court.org and registrar@african-court.org.

While there are no strict requirements regarding the format and structure of an amicus brief, Mr. Chimbga recommends including the following sections:

• A cover page that clearly identifies what case or matter the brief pertains to and who is presenting the brief.
• A table of contents.
• A statement of interest providing information on the background of the individual(s) or organization(s) filing the brief and describing their interest in the case or matter.
• An introduction that contains a succinct summary of the legal arguments and factual questions that the brief will address.
• The full arguments section.
• A conclusion that summarizes “key points and the specific guidance being offered to the Court.”
• The signatures and contact information of those filing the brief.
• A table of authorities listing the sources relied upon in the brief.

For reference, an example of an amicus brief filed with the AfCHPR in reference to a previous advisory opinion request is available on the website of The Advocates for Human Rights.