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
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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
South Korea tightens security for opposition leader over suspected plot, Yonhap reports
- Move comes after the Democratic Party had last week urged police to ramp up security for Lee Jae-myung
- Some main opposition party lawmakers were tipped off about an assassination plot targeting Lee
The move comes after the party had last week urged police to ramp up security for Lee after some of its lawmakers said they were tipped off about an assassination plot against him.
Police did not immediately respond to a request for comment.
In January last year, Lee was stabbed in the neck by a man who lunged at him with a knife after asking for his autograph.
The man was sentenced to 15 years in prison, according to media reports.
Tensions have been running high in South Korea since President Yoon Suk Yeol briefly imposed martial law last December, triggering the country’s worst political crisis in decades.
His martial law imposition and its fallout have widened deep social rifts between conservatives and liberals and put pressure on institutions.
Yoon faces a criminal trial on charges of insurrection, while the Constitutional Court is also expected to rule in coming days on whether to uphold his impeachment and permanently strip him of his powers.
Police have been preparing for the risk of clashes, with both Yoon’s supporters and his opponents are due to hold large rallies when the court makes its decision.
South Korea’s acting President Choi Sang-mok repeated on Tuesday a call for citizens to accept and respect the court’s ruling.
Hundreds of Yoon supporters stormed a court building in January after his detention was extended, smashing windows and other items, an attack the acting leader called “unimaginable.”
Bangladesh rebukes US spy chief over religious violence remarks
- Washington’s intelligence chief Tulsi Gabbard arrived this week for a diplomatic trip to India
- New Delhi has repeatedly accused its Muslim-majority neighbor of failing to adequately protect its minority Hindu citizens
DHAKA: Bangladesh has rebuked Washington’s intelligence chief Tulsi Gabbard, saying her comments on religious violence in the South Asian country were unfounded and risked fanning sectarian tensions.
Gabbard arrived this week for a diplomatic trip to India, whose relations with Bangladesh have soured since a student-led uprising overthrew the latter nation’s government last year.
New Delhi has repeatedly accused its Muslim-majority neighbor of failing to adequately protect its minority Hindu citizens – charges denied by the caretaker administration now in charge.
But Gabbard appeared to give credence to the claims when she was asked about violence in Bangladesh during a Monday interview with Indian broadcaster NDTV.
“The long-time unfortunate persecution, killing, and abuse of religious minorities... have been a major area of concern for the US government,” she said in response.
She added that the issue, along with Islamist extremism, remained “central focus areas of concern” and said the Trump administration has already raised them with the Bangladeshi government.
Bangladesh responded in a statement late Monday that Gabbard’s comments were both “misleading” and “damaging” to the country’s image and reputation.
“Political leaders and public figures should base their statements, especially on sensitive issues, on actual knowledge and take care not to reinforce harmful stereotypes, fan fears, or potentially stoke sectarian tensions,” the statement said.
Hindus make up about eight percent of Bangladesh’s 170 million people.
In the chaotic days following the August ouster of autocratic ex-premier Sheikh Hasina, there was a string of attacks on Hindus – seen by some as having backed her rule.
The caretaker government that replaced her has insisted that many of those attacks were motivated by politics rather than religion.
It has also accused India’s media and government of spreading disinformation exaggerating threats to Bangladeshi Hindus.
Gabbard met with Indian Prime Minister Narendra Modi in Washington last month soon after her confirmation as director of national intelligence under President Donald Trump.
The pair met again on Monday and Gabbard used a speech to a geopolitical conference in New Delhi to praise the enduring partnership between the United States and India.
“I am confident that this partnership and friendship between our two nations and our leaders will continue to grow and strengthen,” she added.
India orders curfew after violence over tomb of 17th-century Muslim ruler
- Violence in the central Indian city of Nagpur damaged many vehicles and injured several people
- Situation escalated after several members of Muslim groups marched near a police station and threw stones at police
MUMBAI: Authorities clamped indefinite curfew on parts of the Indian city of Nagpur after more than a dozen police officers were hurt in clashes sparked by a Hindu group’s demand for the removal of the tomb of a 17th-century Mughal ruler, police said on Tuesday.
Monday’s violence in the central Indian city damaged many vehicles and injured several people, among them at least 15 police personnel, one of whom was in serious condition, a police officer said, speaking on condition of anonymity.
Devendra Fadnavis, chief minister of the western state of Maharashtra, where the city is located, criticized the violence in a video message, calling for every effort to maintain law and order.
“I have told the police commissioner to take whatever strict steps are necessary,” Fadnavis added.
Police said in a statement that members of the group, the Vishva Hindu Parishad (VHP), burnt an effigy of the Emperor Aurangzeb and his tomb as they chanted slogans demanding its removal from the nearby city of Aurangabad.
The police officer said the situation escalated after several members of Muslim groups marched near a police station and threw stones at police.
The attackers, wearing masks to hide their faces, carried sharp weapons and bottles, a resident of the area told the ANI news agency, in which Reuters has a minority stake.
The VHP denied accusations of engaging in any violence. It wants the tomb to be replaced with a memorial for rulers from the local Maratha community, its general secretary, Milind Parande, said in a video message.
Nagpur is also the headquarters of the Rashtriya Swayamsevak Sangh (RSS), the ideological parent of Prime Minister Narendra Modi’s Bharatiya Janata Party. The VHP belongs to the same family of organizations.
Modi’s critics have often accused him of discriminating against Muslims, and failing to act against those targeting them. He and his government have denied the accusations.
Strange foam and dead fish wash ashore at 2 Australian beaches as surfers fall sick
- The goverment closed Waitpinga Beach and neighboring Parsons Beach on Monday. Dozens of dead fish have reportedly been washed shore
- Surfers have been complaining since the weekend of getting sore eyes, sore throats and coughing after contact with the water
MELBOURNE: An Australian state closed two beaches after dead fish and an unusual off-white foam washed ashore while surfers reported feeling unwell, officials said on Tuesday.
A microalgal bloom created by unusual weather conditions was suspected to have sickened humans and marine life as well as creating the foam that has covered hundreds of meters (yards) of coastline, South Australian Environment Protection Authority principal scientific officer Sam Gaylard said.
“It is very concerning,” Gaylard told Australian Broadcasting Corp.
“It is unusual at this scale. At this time of year, when the weather conditions allow, we do occasionally get isolated blooms, but something of this scale is definitely a little bit unusual,” Gaylard added.
Waitpinga Beach and neighboring Parsons Beach, both south of the South Australia state capital Adelaide, have been closed to the public since Monday in response to a “fish mortality event in the area,” the Department for Environment and Water said in a statement.
“The beaches will be re-opened as soon as possible,” the department said.
Dozens of dead fish have reportedly been washed shore.
Surfers have been complaining since the weekend of getting sore eyes, sore throats and coughing after contact with the water, said local Anthony Rowland, who surfed at Waitpinga on Saturday.
“While we were out there, we started coughing,” Rowland said, refering to his surfing comrads. He said he was overwhelmed by the response from other surfers after posting his experience online.
“Lots of people reached out – so many people have said they’re had exactly the same symptoms,” Rowland said.
Marine scientists took water samples from the foam, which is a byproduct of the toxic organisms’ decay, on Monday, but it could take until the end of the week to identify the organism, Gaylard said.
A bloom of microalgae – microscopic, single-celled organisms – could have been caused by a recent extended period of hot and dry weather with little wind and low tides, Gaylard said.
A swell has picked up in the area since Sunday, and the turbulence could break up the algae while generating more foam, he said.
“At the moment, we’re not sure how long this will last,” Gaylard said.
Turkiye’s Erdogan seeks meeting with Trump, Bloomberg News says
- Erdogan’s office and the White House did not immediately respond to Reuters requests for comments
ANKARA: Turkish President Tayyip Erdogan is working to secure a meeting with US President Donald Trump at the White House, potentially by late April, Bloomberg News said on Tuesday, citing Turkish officials familiar with the matter.
Erdogan sees closer US-Turkiye ties as crucial for regional stability, particularly as Ankara seeks a bigger role in mediating conflicts from Ukraine to Syria, the report added.
Erdogan’s office and the White House did not immediately respond to Reuters requests for comments.
In the battle against militant group Islamic State in Syria, the United States is allied with a Syrian Kurdish militia that Turkiye regards as a terrorist group. Turkiye has sharply criticized this US stance as a betrayal of a NATO ally.
Turkiye’s 2019 purchase of Russian S-400 missile defense systems also led to US sanctions and the country’s removal from the F-35 fighter jet program.
On Sunday, Erdogan spoke by telephone with Trump, discussing efforts to end the war between Russia and Ukraine and to restore stability in Syria.
He told Trump that Turkiye supported his “decisive and direct initiatives” to end the war between Russia and Ukraine and would continue to strive for a “just and lasting peace,” Erdogan’s office said in a statement.
