UNITED NATIONS, United States: Ignored by Russia and Israel, the International Court of Justice is hamstrung by a dysfunctional global system that sees countries comply with its rulings — or not — based on their own double standards, experts say.
In 2022, the UN’s highest court ordered Russia to halt its invasion of Ukraine, still underway two years later.
In May, it ordered Israel to immediately halt its military offensive in the southern Gaza city of Rafah, which is ongoing.
Do these refusals to comply with legally binding decisions testify to a lack of credibility and legitimacy on the part of the ICJ? Not really, according to analysts interviewed by AFP, who point instead to the responsibilities of nations within the global system.
Without an international police or armed force, the ICJ “depends on the will and cooperation of states to implement its decisions,” says Raphaelle Nollez-Goldbach, a researcher at France’s National Center for Scientific Research.
“Obviously, this has certain limits,” she continues.
The court says “almost all” of its decisions “are complied with by states, but the few instances of non-compliance — which remain the exception — weigh heavily in international relations,” according to a statement from its press office to AFP.
This is not the court’s fault, the experts insist.
“The credibility problem is with those governments that basically have double standards,” Louis Charbonneau of Human Rights Watch told AFP.
Some Western countries “cheered” the decision on Ukraine, but are “seriously concerned” when it comes to Israel, he explained.
Conversely, countries such as South Africa — which instigated the proceedings against Israel over accusations of “genocide” — “have not been terribly outspoken when it comes to Russian atrocities in Ukraine,” he said.
“To have credibility, they need to enforce (standards) across the board ... for their friends and allies, as well as their rivals and countries they’re competing with. Otherwise, they’re giving other governments arguments and opportunities to do the same,” Charbonneau says.
The ICJ’s primary role is to mediate disputes between states, with the majority of its rulings on mundane issues such as border delineations or treaty interpretation.
It is important to distinguish between those and the few flashpoint cases focusing on “core international crimes,” says Gissou Nia of the Atlantic Council think tank.
She points in particular to proceedings brought by third parties — such as South Africa against Israel over its war with Hamas, or Gambia, which accuses Myanmar of “genocide” against the Muslim Rohingya minority.
An increase in such disputes “could make states want to abandon existing treaties” which give such countries the power to wade into disputes in which they are not directly involved.
Moreover, a number of states — including the United States, Russia, China and Israel — are not party to the Rome Statute of the International Criminal Court, the other court at The Hague, which prosecutes individual people for committing crimes.
The arrest warrant issued against Russia’s President Vladimir Putin, and the ICC prosecutor’s request for arrest warrants against Israel’s Prime Minister Benjamin Netanyahu and leaders of the Palestinian militant group Hamas, have provoked an outcry from those concerned.
At times, that has been accompanied by pressure and threats of reprisals.
“That’s a reflection of how serious they’re taking” the court, even those who reject its rulings, says Nia.
For Romuald Sciora, a researcher at the French Institute of International and Strategic Relations, it’s not just the ICC and the ICJ where the question of credibility is at stake.
“All the institutions of today’s multilateral system have lost credibility exponentially in recent years,” he says, citing in particular the deeply divided Security Council at the United Nations.
That in turn affects the ICJ’s credibility — according to the UN Charter, if one party does not comply with an ICJ ruling, the other may try to seek recourse with the Security Council.
As the Israeli offensive on Rafah continues, South Africa this week called on the Council to enforce the ICJ order.
“In practice, however, the Security Council’s paralysis is preventing it from enforcing its own resolutions, let alone the ICJ’s judgments,” notes Said Benarbia of the International Commission of Jurists.
ICJ is collateral damage in dysfunctional global system: experts
https://arab.news/zwcs3
ICJ is collateral damage in dysfunctional global system: experts
- The ICJ’s primary role is to mediate disputes between states, with the majority of its rulings on mundane issues such as border delineations or treaty interpretation
Arrests of pro-Palestine student protestors were rights violations, says New York City mayoral candidate
- Zohran Mamdani urges ‘one set of rules’ for all city’s people
- Majority of New York Democrats want ‘end to the genocide’
CHICAGO: New York Assembly member Zohran Mamdani, who is running for mayor of the city, has vowed to reverse the policies he claims Mayor Eric Adams imposed that punished pro-Palestine student protestors last spring.
More than 1,000 students were arrested and injured during a citywide police crackdown on pro-Palestinian protestors, while those supporting Israel were reportedly not targeted.
Many of the pro-Palestinian students were expelled from their universities or denied graduation because of the protests over 10 days last April.
Mamdani, who led a hunger strike in front of the White House last November to push for a Gaza ceasefire resolution, said that an American mayor should apply the law and morality equally to all the city’s people.
“It’s a position I hold as a reflection of consistency no matter the issue. It is one that is in line with the positions I hold when it comes to my own constituents.
“What I mean by that is I think New Yorkers are tired of politicians who speak out of both sides of their mouths, who have one set of rules for one set of people and then another set of rules for another set of people,” Mamdani said Thursday.
He added: “I think it’s time that we simply believe in the same things for all people. So, if we say that we believe in freedom and justice and safety and liberty, then how can we continue to draw the line at Palestinians?
“We know that the more you draw a line, the easier it gets to draw that line for more and more people, and the more you will end up justifying that which you might have previously considered to be unjustifiable.”
Mamdani said that if elected in the June 24, 2025, Democratic primary election, he would “treat everyone equally.”
“I think it absolutely extends also into policies and day-to-day impacts for New Yorkers, with one example to me being that as Democrats, we often rightfully talk about how guns on elementary school campuses, middle school campuses, high school campuses make that campus more unsafe.
“And we ridicule this Republican notion that the answer to gun violence is simply more armed officers on those sites of education,” Mamdani said.
“And yet when it comes to student organizing in support of policy and human rights, there were far too many elected officials in New York City who were supportive of the mayor’s decision to send the NYPD (New York Police Department) into Columbia and CUNY (City University of New York) campuses.
“And it is my belief in the necessity of consistent politics that leads me to say I will not be sending the police in to respond to an encampment of the like that we saw in the previous school year.
“Because the act of doing so actually made students far less safe than they were even prior to that, because one officer discharged their weapon in the course of that mission.
“And that is but a moment away from a student being killed by the NYPD. And I think it made it very crystal clear to me as to why we tend to oppose these things and why we need to do so no matter what the issue is.”
Mamdani said that mayor Adams, pro-Israel legislators and elected officials mischaracterized the student protests to justify both their defense of Tel Aviv and the assault on the protestors.
“I think it’s a mischaracterization of New Yorker sentiments. I think that a majority … especially of New York Democrats, want to see an end to the genocide, want to see a ceasefire.”
He said many have taken “umbrage at having a mayor who has refused to call for a ceasefire for more than a year, who has justified the killing of children, who has had meetings with billionaires, who have urged him to send in the police.”
Mamdani claimed that Adams had previously visited Israel “with a promise to increase cooperation with settlement leaders there.”
Mamdani said he has been attacked because of his insistence to stand up to one morality and one rule of law, denying that he is “antisemitic” or “anti-Israel.”
He fears that the damage caused by Tel Aviv’s actions, including the expansion of the Jewish-only settler movement, would prevent the two-state solution which is a part of the Democratic Party’s foreign policy on Israel and Palestine.
Mamdani insisted many New York voters who are Jewish defend Palestinian lives. “There is a large and beautiful Jewish population across New York City, and it is also like any other religions, politically diverse.
“And many of the acts of civil disobedience and protests that I’ve been a part of over the last year calling for a ceasefire, calling for an arms embargo, have in fact been led by Jewish New Yorkers.
“Thousands of Jewish New Yorkers. I’m proud to have been endorsed by Jewish Voice for Peace Action as the first-ever municipal candidate that they have endorsed in their history as an organization.”
Mamdani said he could win the election with his policies which include helping residents face the city’s “cost of living crisis.” If elected, he would provide universal and free childcare.
In addition, he would freeze the rent of more than 2 million New Yorkers in rent-stabilized apartments; and eliminate the fare on all city buses and make them faster (currently they are the slowest in the nation).
He would also lower the cost of groceries by piloting city-owned stores; and institute a comprehensive, evidence-based approach to public safety.
In 2020, Mamdani was the first South Asian man and only third Muslim elected to the New York State Assembly representing western Queens, New York.
He is the first Muslim elected official to run for mayor or any citywide office in New York City. He identifies both as a “socialist,” which he defines as serving all citizens justly and legally, and as a member of the Democrat Party.
If he wins the Democratic Party nomination, he will represent the party in the general election in November 2025.
Mamdani bids to replace incumbent Adams who faces multiple charges of bribery and campaign offenses.
Adams is alleged to have committed the offences over a decade while mayor and as the president of the Brooklyn borough.
He was elected New York City mayor in November 2021 having defeated Republican Curtis Sliwa.
Joe Biden cancels another $4.28 billion in US student loans
- Actions are a part of Biden’s effort to fulfill his 2020 campaign pledge to deliver debt relief to millions of Americans
The Biden administration on Friday canceled another $4.28 billion in student debt for nearly 55,000 public service workers, the US Department of Education said in a statement.
Friday’s action brings the total public service student loans forgiven to about $78 billion for nearly 1.1 million workers, the department said.
The White House said separately that this brings the total number of all individuals who have been approved for student debt relief under President Joe Biden to nearly 5 million people.
The actions are a part of Biden’s effort to fulfill his 2020 campaign pledge to deliver debt relief to millions of Americans before he leaves office in January.
US charges ‘Chinese agent’ over political influence
- Yaoning “Mike” Sun arrested near LA on charges he acted as agent for foreign government while getting involved in local politics
- Asked about the charges on Friday, Beijing’s foreign ministry said it was “not aware of the details in the case you mentioned”
LOS ANGELES, United States: China’s ruling Communist Party used an agent in California to influence state politics, US prosecutors said Thursday as they unveiled criminal charges against a Chinese national.
FBI agents arrested Yaoning “Mike” Sun, 64, at his home in Chino Hills, near Los Angeles, on charges that he acted as an agent for a foreign government while getting involved in local politics.
The complaint claims Sun served as the campaign manager and close confidante for an unnamed politician who was running for local elected office in 2022.
During the campaign, he is alleged to have conspired with Chen Jun — a Chinese national sentenced to prison last month for acting as an illegal agent of Beijing — regarding his efforts to get the politician elected.
The US Department of Justice said Chen discussed with Chinese government officials how they could influence local politicians, particularly on the issue of Taiwan.
China considers the self-ruled island of Taiwan part of its territory.
Beijing — which has said it would never rule out using force to bring Taiwan under its control — has been accused of using local influence campaigns, among other tactics, to sway global opinion on the issue.
Charging documents say after the local politician won office in late 2022, Chen instructed Sun to prepare a report on the election to be sent to Chinese government officials, who expressed their thanks for his work.
“The conduct alleged in this complaint is deeply concerning,” said United States Attorney Martin Estrada.
“We cannot permit hostile foreign powers to meddle in the governance of our country.”
Sun was charged with one count of acting as an illegal agent of a foreign government, which carries a maximum sentence of 10 years in federal prison.
He also faces one count of conspiracy to commit an offense against the United States, which carries a maximum penalty of five years.
Asked about the charges on Friday, Beijing’s foreign ministry said it was “not aware of the details in the case you mentioned.”
But spokesman Lin Jian said “China never interferes in the internal affairs of other countries.”
“The international community sees clearly who is actually wantonly interfering in the internal affairs of other countries,” he said during a regular briefing.
Germany FM warns of new Syria violence ahead of Turkiye visit
- Her trip to Ankara comes almost two weeks after Islamist-led rebels overthrew Syrian president Bashar Assad
- She warned Syria must not become “the plaything of foreign powers or an experiment for radical forces”
BERLIN: German Foreign Minister Annalena Baerbock warned against the threat of “new violence” in Kurdish-held northern areas of Syria as she left for a visit to neighboring Turkiye on Friday.
Her trip to Ankara comes almost two weeks after Islamist-led rebels overthrew Syrian president Bashar Assad, sparking popular jubilation but also concern about new turmoil.
“Those who want peace in the region must not undermine the territorial integrity of Syria,” she said in a statement.
Syria’s future is “hanging by a thread,” said Baerbock, who was set to meet her Turkish counterpart Hakan Fidan as well as members of the large Syrian refugee community on her one-day visit.
Before leaving Berlin, Baerbock said that people in the Kurdish-held northern Syrian border town of Kobani, also known as Ain Al-Arab, were “holding their breath again” in fear of “new violence.”
Turkiye has thousands of troops in northern Syria and also backs a proxy force there which has engaged in ongoing clashes with the Syrian Democratic Forces (SDF), a US-backed and Kurdish-led force.
Ankara sees the SDF as an extension of its domestic nemesis, the Kurdistan Workers’ Party (PKK), and said on Thursday that it would continue to push for Kurdish fighters in northern Syria to disarm.
The SDF on Thursday accused Turkiye and allied fighters of not respecting a ceasefire around the northern town of Manbij and encouraged residents to “take up arms against the (Turkish) occupation.”
Also on Thursday, thousands of people in the northeastern Syrian city of Qamishli demonstrated in support of the SDF and chanted against “Turkiye’s attack” in the region.
Baerbock said that Syria’s reconstruction and the return of refugees “can only work if people have no more fear of persecution.”
“This should also be in the interest of the Turkish government, as more than three million Syrian refugees live in Turkiye.”
She warned that Syria must not become “the plaything of foreign powers or an experiment for radical forces.”
Germany has also urged Israel to abandon plans to step up settlement in the occupied and annexed Golan Heights at the southwestern edge of Syria.
Israel seized the demilitarised zone there after Assad fell and launched hundreds of strikes on Syria to destroy the former government’s military assets.
King Charles’ cancer treatment progressing well, will continue next year
- 2024 has been ‘brutal’ for family
- Princes Andrew and Harry absent from Christmas get-together
LONDON: King Charles’ cancer treatment is progressing well and will continue into next year, a Buckingham Palace source said, as the British royals prepare for their annual Christmas get-together after a “brutal” year for the family.
In February, the palace revealed the 76-year-old, who became king in 2022, had been diagnosed with an unspecified form of cancer detected in tests after a corrective procedure for an enlarged prostate.
While he was able to return to public duties two months later, the number of engagements has been limited on medical advice, something which the noted workaholic has found difficult.
“His treatment has been moving in a positive direction and as a managed condition the treatment cycle will continue into next year,” the palace source said on Friday.
The palace source said there had been no change in Charles’ health and the news that his treatment would continue in 2025 did not represent any significant update.
But his busy pre-Christmas schedule, which concludes on Friday with a visit to the northeast London district of Walthamstow that staged a large counter-protest in August in response to nationwide rioting, was an indication of his determination to stay busy.
In October, Charles and his wife Camilla made a brief stopover in India where they stayed at a holistic health center following his first major trip since being diagnosed with cancer to Australia and Samoa.
Overall the last year has been difficult for the royals.
The disclosure in March that the king’s daughter-in-law Kate, the wife of heir Prince William, was undergoing preventative chemotherapy for cancer was another shock.
While her treatment has now ended, her return to official engagements has been limited and she said her path to full recovery would be long. William said it had been the hardest 12 months of his life and “brutal” for the family.
But it has not just been health issues that have put the Windsors in the spotlight. The king’s younger brother Prince Andrew was embroiled in another scandal this month after a close business associate of his was banned from Britain over government suspicions he was a Chinese agent.
The royal finances have also come under media scrutiny while Charles was heckled by an Indigenous senator at Australia’s Parliament House during his tour there, a reflection of ongoing questions about Britain’s colonial past.
Meanwhile, the king’s younger son Prince Harry remains estranged from the family and more royal secrets are likely to be aired when he gives days of evidence in the witness box in his lawsuit against Rupert Murdoch’s British newspaper group.
Both Harry and Andrew will be absent when the royals gather for their traditional festive gathering at the king’s Sandringham home in eastern England, a very visual demonstration of those problems.
