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
Russia says no quick ‘breakthroughs’ in ‘complex’ Ukraine talks
Zelensky on Tuesday accused Russia of “deliberately” targeting civilians in a rocket attack on the city of Sumy
MOSCOW: Russia on Tuesday said it was wrong to expect a quick breakthrough in Ukraine talks, a day after Moscow rejected Kyiv’s call for an unconditional ceasefire at negotiations in Istanbul.
The sides agreed on a large-scale swap of captured soldiers and exchanged their roadmaps to peace, or so-called “memorandums,” at the discussions, which lasted under two hours.
More than three years into Russia’s offensive — which has killed tens of thousands on both sides and forced millions from their homes in eastern Ukraine — the two sides appear as irreconcilable as ever.
“The settlement issue is extremely complex and involves a large number of nuances,” Kremlin spokesman Dmitry Peskov told reporters on Tuesday.
“It would be wrong to expect immediate solutions and breakthroughs,” he added.
Moscow demanded Ukraine pull its troops out of four eastern and southern regions that Moscow claims to have annexed as a precondition to pausing its offensive, according to the document handed to the Ukrainians that was published by Russian state media.
Kyiv had pressed for a full and unconditional ceasefire. Russia instead offered a partial truce of two to three days in some areas of the frontline, its top negotiator said after the talks.
Peskov also dismissed the idea of a summit between the presidents of Russia, Ukraine and the United States.
“In the near future, it is unlikely,” Peskov told reporters when asked about the chances of the leaders meeting, adding that such a summit could only happen after Russian and Ukrainian negotiators reach an “agreement.”
The White House had said on Monday US President Donald Trump was “open” to the idea, which is also backed by Ukraine’s Volodymyr Zelensky and Turkiye’s Recep Tayyip Erdogan.
Zelensky on Tuesday accused Russia of “deliberately” targeting civilians in a rocket attack on the city of Sumy, some 30 kilometers (18 miles) from the Russian border, that killed three people.
Russian troops have accelerated their advance, seeking to establish what Putin called a “buffer zone” inside Ukraine’s northeastern Sumy region.
Zelensky posted a video from the emergency services showing destroyed cars and the body of one victim lying on the road.
The attack “says everything one needs to know about Russia’s so-called ‘desire’ to end this war,” he added, calling for “decisive actions” from the United States and Europe to push Russia into a ceasefire.
“Every day, Russia gives new reasons for tougher sanctions and stronger support for our defense,” he said.
Three people were also killed in a rocket attack in the northeastern Kharkiv region.
Moscow’s army said it had captured the village of Andriivka in the Sumy region, located around five kilometers from the Russian border.
Zelensky said last week that Russia was amassing some 50,000 soldiers for an offensive on the region.
Meanwhile Ukraine’s SBU security service claimed it had hit a pillar of the Crimean bridge, linking the annexed peninsula to Russia, with an underwater explosive device.
The extent of the damage was unclear and cars were on Tuesday using the bridge following a temporary closure after the attack.
A delegation of top Ukrainian officials also landed in Washington for talks with US officials on defense and economic issues, including the possibility of new sanctions, Zelensky’s office said.
Trump, who said he could end the conflict swiftly when he returned to the White House in January, has repeatedly expressed anger at both Putin and Zelensky as the fighting drags through its fourth year with no end in sight.
But he has held off from imposing new economic penalties on Moscow.
Magnitude 5.2 earthquake strikes off Crete — EMSC

- The quake was at depth of 17 km
SARAJEVO: A magnitude 5.2 earthquake struck in the sea off the Greek island of Crete on Tuesday but no damage or injuries have been reported, a Fire Service official said.
The quake was at depth of 17 km, 85 km away from the town of Heraklion, the European Mediterranean Seismological Center said.
Ukraine invited to NATO summit in The Hague: Zelensky

VILNIUS: Ukraine has been invited to a NATO summit later in June, President Volodymyr Zelensky has said, after earlier warning it would be a “victory” for Russia if it was not there.
The heads of NATO states will gather in The Hague, Netherlands, from June 24-26, with Russia’s invasion of Ukraine and US President Donald Trump’s calls for alliance members to ramp up defense spending set to dominate the agenda.
“We were invited to the NATO summit. I think this is important,” Zelensky said Monday after he held a meeting with NATO Secretary General Mark Rutte in Vilnius.
Kyiv is seeking to shore up its support from Europe because of uncertainties over vital military aid under Trump.
Last week Zelensky had said that “if Ukraine is not present at the NATO summit, it will be a victory for Putin, but not over Ukraine, but over NATO.”
Zelensky wants NATO to offer security guarantees to Ukraine in the event of a ceasefire or peace deal with Russia — something Moscow has called “unacceptable.”
Support for Israel falling across Western Europe: YouGov

- As little as 20% of respondents in 6 surveyed countries hold positive views of Israel
- Trends mirrored in US polling, with negative sentiment among 53% of Americans
LONDON: Support for Israel in Western Europe has hit an all-time low amid the ongoing war in Gaza, according to YouGov.
Data compiled by the polling firm shows that less than 20 percent of respondents in six countries — Germany, France, Denmark, Italy, Spain and the UK — have a favorable view of Israel, with unfavorable views accounting for 63-70 percent depending on the country.
The range for those surveyed who believe Israel’s actions in Gaza have been “right” and “proportionate” goes from 16 percent in France to as low as 6 percent in Italy. In the UK, 12 percent believe Israel’s response has been proportionate.
The question of whether Israel was right to invade Gaza following the Hamas attack on Oct. 7, 2023, is slightly higher, with 29 percent of Italians and 40 percent of Germans agreeing. However, 24 percent of Italians and 12 percent of Germans feel that Israel should not have invaded Gaza at all. In the UK, 38 percent feel that the invasion was warranted, with 15 percent disagreeing.
Just 24-25 percent of French, German and Danish respondents feel that Israel has any justification continuing operations in Gaza. The total is 18 percent in the UK and 9 percent in Italy.
The highest number of people on Israel’s “side” in Western Europe is 18 percent in Denmark, while the lowest is Italy at 7 percent.
The lowest polled nation for supporting the Palestinian cause is Germany at 18 percent, while the highest is Spain at 33 percent.
The numbers of respondents believing that Hamas had any justification attacking Israel range from 9 percent to 5 percent. In the UK, the number is 6 percent.
Respondents are pessimistic about the prospects for peace in the region. The French audience is the most optimistic, with 29 percent saying they believe peace is possible in the next decade. At the other end of the spectrum is Denmark with just 15 percent.
The trends mirror polling from outside Europe. In April, Pew Research Center polling found that 53 percent of Americans held a negative view of Israel, up from 44 percent in March 2022.
In addition, Data for Progress found that 51 percent of Americans disagreed with Israeli plans to take full control of Gaza and move Palestinian civilians.
The same percentage said US President Donald Trump should “demand that Israel agree to a ceasefire” in Gaza.
UK govt under pressure from own MPs over Israeli arms exports

- Steve Witherden: ‘We can’t claim to uphold international law while profiting from its breach’
- London previously suspended around 30 weapons export licenses but hundreds remain
London: UK authorities are under pressure to halt arms exports to Israel from MPs within the governing Labour Party.
Foreign Secretary David Lammy suspended around 30 arms export licenses to Israel in September, amid warnings that the weapons could be used to breach international law in Gaza, but hundreds of other licenses remain in place.
During a parliamentary debate on Monday, Labour MP Steve Witherden criticized a lack of transparency on arms exports to Israel, and asked the government to explain what criteria would be needed to enact a broader ban.
He highlighted the UK’s role in the manufacture and export of parts for the F-35 fighter jet, which is used by the Israeli military.
Palestinian rights group Al-Haq has previously said the export license for F-35 parts creates a “carve-out” that gives “rise to a significant risk of facilitating crime” by the Israeli military.
Witherden said: “The foreign secretary’s recent condemnation of Israel’s action as ‘monstrous’ was welcome but incomplete, for my very same government continues to facilitate such actions.
“We can’t have it both ways. We can’t condemn atrocity whilst simultaneously fueling the machinery that enables it. We can’t claim to uphold international law while profiting from its breach.”
He added: “It’s the government’s position that the need to continue to supply F-35 components outweighs the risk of genocide and, if so, is there any circumstance that would lead to the UK stopping that supply?
“The government has claimed that there are red lines that would trigger a halt to exports, but Gaza is already a slaughterhouse.”
Witherden continued: “Children are emaciated or dying of hunger. Hospitals have been intentionally destroyed. Israel’s leaders vow to wipe out Gaza and still the weapons flow.”
He added: “I call on this government to suspend all arms exports to Israel to ensure that no British-made weapons are used in Israel’s brutal plans to annexe, starve and ethnically cleanse the Palestinian population.”
Trade Minister Douglas Alexander responded that UK rules prevent sales of F-35 components directly to Israel, but that as part of a global supply network, there are limits on what the UK could do to prevent parts reaching the country.
“Undermining the F-35 program at this juncture would, in the view of the government, disrupt international peace and security, NATO deterrence and European defense as a whole,” Alexander said, adding that he believes Israel’s actions in responding to the “act of barbarism” by Hamas on Oct. 7, 2023, have been “disproportionate” and “counterproductive to any lasting peace settlement.”
He reminded MPs of the government’s decision to suspend arms licenses shortly after taking office last year.
“This measure is still in place and I’d like to reiterate that, based on our current assessment of potential breaches of international humanitarian law, we aren’t licensing military equipment provided directly to the (Israeli military) that could be used for military operations in Gaza,” he told the House of Commons.
“It’s right to acknowledge that our export licenses granted in relation to Israel cover a wider remit than simply those items that may be used in Gaza.
“There are a relatively small number of licenses for the IDF (Israel Defense Forces) relating to equipment which we assess wouldn’t be used in the current conflict including, for example, parts of air defense systems that defend Israel from acts such as the major aerial attack from Iran in April 2024.
“We also think it’s right for us to continue providing military-grade body armor used by non-governmental organizations and journalists, and to provide parts to the supply chain which are ultimately re-exported back out of Israel to support the defense of our NATO allies.”