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
Presidents have used autopens for decades. Now Trump objects to Biden’s use of one
- An autopen is a mechanical device that is used to replicate a person’s authentic signature
WASHINGTON: President Donald Trump claimed Monday that pardons recently issued by Joe Biden to lawmakers and staff on the congressional committee that investigated the Jan. 6, 2021, Capitol riot have no force because, Trump says, the-then president signed them with an autopen instead of by his own hand.
“In other words, Joe Biden did not sign them but, more importantly, he did not know anything about them!” Trump wrote on his social media site. Trump didn’t offer any evidence to support his claims. Nor did the White House.
Trump asserted in his all-caps post that the pardons are void and have no effect in his estimation. But presidents have broad authority to pardon or commute the sentences of whomever they please, the Constitution doesn’t specify that pardons must be in writing and autopen signatures have been used before for substantive actions by presidents.
A representative for Biden declined comment.
WHAT IS AN AUTOPEN?
An autopen is a mechanical device that is used to replicate a person’s authentic signature. A pen or other writing implement is held by an arm of the machine, which reproduces a signature after a writing sample has been fed to it. Presidents, including Trump, have used them for decades. Autopens aren’t the same as an old-fashioned ink pad and rubber stamp or the electronic signatures used on PDF documents.
WHY IS IT SUDDENLY AN ISSUE?
The Oversight Project at the conservative Heritage Foundation think tank recently said its analysis of thousands of pages of documents bearing Biden’s signature found that most were by autopen, including pardons. Conservative media have amplified the claims, which have been picked up by Trump. He has commented for several days running about Biden’s autopen use.
Mike Howell, the project’s executive director, said in an interview that his team is scrutinizing Biden’s pardons because that power lies only with the president under the Constitution and can’t be delegated to another person or a machine. Howell said some of Biden’s pardon papers also specify they were signed in Washington on days when he was elsewhere.
WHAT DOES THE LAW SAY?
There is no law governing a president’s use of an autopen.
A 2005 opinion from the Office of Legal Counsel at the Justice Department said an autopen can be used to sign legislation. Barack Obama became the first president to do so in May 2011 when he signed an extension of the Patriot Act. Obama was in France on official business and, with time running out before the law expired, he authorized use of the autopen to sign it into law.
Much earlier guidance on pardons was sent in 1929 from the solicitor general — the attorney who argues for the United States before the Supreme Court — to the attorney general. It says “neither the Constitution nor any statute prescribes the method by which executive clemency shall be exercised or evidenced.”
HAS TRUMP USED AN AUTOPEN?
Yes, but “only for very unimportant papers,” he said on Monday.
He told reporters aboard Air Force One on Sunday night that, “we may use it, as an example, to send some young person a letter because it’s nice. You know, we get thousands and thousands of letters, letters of support for young people, from people that aren’t feeling well, etcetera. But to sign pardons and all of the things that he signed with an autopen is disgraceful.”
WHY IS HE SINGLING OUT THE JAN. 6 PARDONS?
Trump remains angry at being prosecuted by the Justice Department over his actions in inspiring his supporters to go to the Capitol on Jan. 6, 2021, in an attempt to stop lawmakers from certifying Biden’s defeat of him in the 2020 election, though the case was dismissed after he won reelection. At the end of his term, Biden issued “preemptive pardons” to lawmakers and committee staff to protect them from any possible retribution from Trump.
On whether pardons must be in writing or by the president’s own hand, the US Court of Appeals for the Fourth Circuit has said the ”plain language of the Constitution imposes no such limitation.” Biden’s statement accompanying those pardons make clear they were official acts, said Carl Tobias, professor at the University of Richmond law school.
Biden issued hundreds of commutations or pardons, including to members of his family, also because he feared possible prosecution by Trump and his allies.
Trump vigorously used such powers at the opening of his presidency, issuing one document — a proclamation — granting pardons and commutations to all 1,500-plus people charged in the insurrection at the Capitol.
HOW ELSE DO PRESIDENTS USE THE AUTOPEN?
Presidents also use an autopen to sign routine correspondence to constituents, like letters recognizing life milestones.
During the Gerald Ford administration, the president and first lady Betty Ford occasionally signed documents and other correspondence by hand but White House staff more often used autopen machines to reproduce their signatures on letters and photographs.
Trump says he’s ending Secret Service protection for Biden’s adult children
- The Republican president on social media objected to what he said were 18 agents assigned to Hunter Biden’s protective detail while in South Africa this week
WASHINGTON: President Donald Trump said Monday he was ending “immediately” the Secret Service protection details assigned to Democrat Joe Biden’s adult children, which the former president had extended to July shortly before leaving office in January.
The Republican president on social media objected to what he said were 18 agents assigned to Hunter Biden’s protective detail while in South Africa this week. He said Ashley Biden has 13 agents assigned to her detail and that she too “will be taken off the list.”
There was no immediate reaction from the former president’s office.
Former presidents and their spouses receive life-long Secret Service protection under federal law, but the protection afforded to their immediate families over the age of 16 ends when they leave office, though both Trump and Biden extended the details for their children for six months before leaving office.
While touring the John F. Kennedy Center for the Performing Arts Monday afternoon, a reporter asked Trump if he would revoke the protection for the former president’s son.
“Well, we have done that with many. I would say if there are 18 with Hunter Biden, that will be something I’ll look at this afternoon,” Trump said, who added this was the first time he heard about the matter.
“I’m going to take a look at that,” he said.
After Trump halted funding for Afghans who helped the US, this group stepped in to help
- No One Left Behind helps Afghans and Iraqis who qualify for the special immigrant visa program, which was set up by Congress in 2009 to help people who are in danger because of their efforts to aid the US during the Afghanistan and Iraq Wars
WASHINGTON: When Andrew Sullivan thinks of the people his organization has helped resettle in America, one particular story comes to mind: an Afghan man in a wheelchair who was shot through the neck by a member of the Taliban for helping the US during its war in Afghanistan.
“I just think ... Could I live with myself if we send that guy back to Afghanistan?” said Sullivan, executive director of No One Left Behind. “And I thankfully don’t have to because he made it to northern Virginia.”
The charitable organization of US military veterans, Afghans who once fled their country and volunteers in the US is stepping in to help Afghans like that man in the wheelchair who are at risk of being stranded overseas. Their efforts come after the Trump administration took steps to hinder Afghans who helped America’s war effort in trying to resettle in the US
No One Left Behind helps Afghans and Iraqis who qualify for the special immigrant visa program, which was set up by Congress in 2009 to help people who are in danger because of their efforts to aid the US during the Afghanistan and Iraq Wars.
President Donald Trump in January suspended programs that buy flights for those refugees and cut off aid to the groups that help them resettle in the US Hundreds who were approved for travel to the US had visas but few ways to get here. If they managed to buy a flight, they had little help when they arrived.
The White House and State Department did not respond to requests for comment.
Meanwhile, the situation for Afghans has become more tenuous in some of the places where many have temporarily settled. Pakistan, having hosted millions of refugees, has in recent years removed Afghans from its country. increased deportations. An agreement that made Albania a waystation for Afghans expires in March, Sullivan said.
Hovering over all of this is the fear that the Trump administration may announce a travel ban that could cut off all access from Afghanistan. In an executive order signed on Inauguration Day, Trump told key Cabinet members to submit a report within 60 days that identifies countries with vetting so poor that it would “warrant a partial or full suspension” of travelers from those countries to the US.
US State Department spokeswoman Tammy Bruce said Monday that the review was ongoing and no list had been finalized.
But groups that work with Afghans are worried.
When funding was suspended, No One Left Behind stepped in. Their goal is to make sure Afghans with State Department visas don’t get stuck overseas. Other organizations — many who got their start helping Afghans during the US military’s chaotic withdrawal from Kabul in 2021 — are doing the same.
To qualify for this visa, Afghans must prove they worked for the US for at least one year. That means tracking down documentation from former supervisors, who were often affiliated with companies no longer in business. They also undergo extensive vetting and medical checks.
“Our view was, OK, we’ve got to act immediately to try and help these people,” said Sullivan. “We’ve been in kind of an all-out sprint.”
The organization has raised money to buy flights and help Afghans when they land. Between February 1 and March 17, the group said it successfully booked flights for 659 Afghans.
It also launched a website where visa holders can share information, giving Sullivan’s group a starting point to figure out where they might live in the US.
Sullivan and the organization’s “ambassadors” — Afghans and Iraqis who already have emigrated to the US, many through the special immigrant visa program — have gone to Albania and Qatar to help stranded Afghans.
Aqila is one of those ambassadors who went to Albania. The Associated Press is identifying Aqila by her first name because her family in Afghanistan is still at risk.
Aqila said many of the families didn’t know what would happen when they arrived in America. Would they be homeless? Abandoned? One man feared he’d end up alone in the airport parking lot because his contact in America — a long-haul trucker — couldn’t come pick him up. She assured him that someone would be there.
They gave them cards with contact information for attorneys. They printed papers with information about their rights in English, Dari, and Pashto.
No One Left Behind reached out to family members and friends in the US to help with the transition when they landed in America.
Mohammad Saboor, a father of seven children, worked as an electrician and A/C technician with international and US forces for 17 years. Two months ago, he and his family boarded a plane to Albania in anticipation of soon being able to go to America. They landed in California on March 12, exhausted but safe
The next day he and his family explored their new apartment in the Sacramento suburb of Rancho Cordova.
Saboor said he hasn’t felt safe in Afghanistan since the Taliban took over the country in August 2021. He worried that he’d be killed as retribution for the nearly two decades he’d worked with the US and its allies. He wondered what kind of future his children would have in a Taliban-controlled Afghanistan.
The family picked the suburb in the hope that the large Afghan population in the Sacramento area would help them get settled and find work. He envisions a bright future in America, where his kids can go to school and eventually give back to the country that took his family in. Arriving in the US, he said, gave them a “great feeling.”
“I believe that now we can live in a 100 percent peaceful environment,” he said.
Sullivan said he hopes there will be exceptions for Afghans in the special immigrant visa program if a travel ban is imposed. They’ve been thoroughly vetted, he said, and earned the right to be here.
“These are folks that actually served shoulder-to-shoulder with American troops and diplomats for 20 years,” he said.
Aqila, the Afghan ambassador, said it’s stressful to hear stories of what people went through in Afghanistan. But the reward comes when she sees photos of those who have arrived in America.
“You can see the hope in their eyes,” she said. “It’s nice to be human. It’s nice be kind to each other.”
EU sanctions Rwandan officials ahead of Congo peace talks
KIGALI: The EU sanctioned nine people and a gold refinery on Monday in connection with a Rwanda-backed rebellion in eastern Democratic Republic of Congo, a day before peace talks scheduled in Angola between M23 rebels and the Congolese government.
The sanctions targeted M23 political leader Bertrand Bisimwa and Rwandan army commanders.
They were also applied to the CEO of Rwanda Mines, Petroleum and Gas Board, and Gasabo Gold Refinery in Kigali, which the EU accused of illicitly exporting natural resources from Congo.
Amid a flurry of diplomatic activity, a rebel alliance that includes M23 confirmed it would send a five-member delegation to Tuesday’s talks in Luanda, which could mark M23’s first direct negotiations with the Congolese government.
Congo President Felix Tshisekedi’s office said on Sunday that Kinshasa would send representatives to Luanda, reversing the government’s long-standing vow not to negotiate with the group, which it has dismissed as a mere front for the Rwandan government.
Pressure has been growing on Tshisekedi to negotiate with M23 after a series of battlefield setbacks since January.
The rebels have seized eastern Congo’s two biggest cities and several smaller localities.
The fighting has killed at least 7,000 people this year, according to the Congolese government, and hundreds of thousands have been displaced.
The conflict is rooted in the spillover into Congo of Rwanda’s 1994 genocide and the struggle for control of Congo’s vast mineral resources, many of which are used in batteries used for electric vehicles and other electronic products.
The UN and international powers accuse Rwanda of providing arms and sending soldiers to fight with the ethnic Tutsi-led M23.
Rwanda says its forces are acting in self-defense against Congo’s army and militias that are hostile to Kigali.
A Rwandan government spokesperson did not immediately respond to a request for comment on the EU sanctions.
Western countries have taken measures against Rwanda over the conflict, including the withholding of development aid by Britain and Germany, but Kigali has been defiant.
On Monday, it announced it was severing diplomatic relations with Belgium, the former colonial power in Rwanda and Congo, and giving Belgian diplomats 48 hours to leave.
Rwanda’s Foreign Ministry accused Belgium, which has called for strong EU action against Kigali, of “using lies and manipulation to secure an unjustified hostile opinion of Rwanda.”
Belgium’s Foreign Affairs Minister Maxime Prevot said Brussels would reciprocate by declaring Rwandan diplomats persona non grata, calling Kigali’s move “disproportionate.”
Previous rounds of EU sanctions have targeted M23 commanders and Rwandan army officers.
Zobel Behalal, a senior expert at the Global Initiative against Transnational Organized Crime, said the latest sanctions were notable in going after Rwanda Mines, Petroleum and Gas Board, and the Gasabo Gold Refinery.
“The EU sanctions ... are a recognition that profits from natural resources are one of the main motivations for Rwanda’s involvement in this conflict,” said Behalal.
The mines board and the gold refinery did not immediately respond to requests for comment.
UN experts slam US arrests of pro-Palestinian students
- “These actions are disproportionate, unnecessary, and discriminatory and will only lead to more trauma and polarization negatively impacting the learning environment within university campuses,” the UN experts said in a statement
- The Trump administration cut $400 million in federal funding for Columbia University, accusing it of not sufficiently addressing anti-Semitism
GENEVA: UN-appointed experts on Monday branded US authorities’ arrests of foreign students for pro-Palestinian protests on campus “disproportionate” and called for their rights to be respected.
US campuses including Columbia University in New York were rocked by student protests against Israel’s war in Gaza following the October 7, 2023 attack by Palestinian militant group Hamas, drawing accusations of anti-Semitism.
Immigration officers arrested Mahmoud Khalil, a leader of protests at Columbia, on the weekend of March 9-10 after US President Donald Trump vowed to deport foreign pro-Palestinian student demonstrators.
The White House later said authorities had supplied a list of other Columbia students that officers were seeking to deport over their alleged participation in protests.
“These actions are disproportionate, unnecessary, and discriminatory and will only lead to more trauma and polarization negatively impacting the learning environment within university campuses,” the UN experts said in a statement.
“These actions create a chilling effect on the rights to freedom of expression, assembly and of association,” they added.
The Trump administration has moved to revoke Khalil’s residency permit, accusing him of leading “activities aligned with Hamas.”
Khalil’s lawyer later told a court that he had been taken to Louisiana and denied legal advice.
The independent experts, appointed by the UN to report on rights issues, urged US authorities “to cease repression and retaliation, including in the form of arbitrary detention of US lawful permanent residents, and removal of international students who have participated in university protests.”
The Trump administration cut $400 million in federal funding for Columbia University, accusing it of not sufficiently addressing anti-Semitism.
Columbia administrators later said they had suspended and expelled a number of students who had occupied a campus building last year.
