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
Philippines struggles to evacuate nationals from Iran amid Israeli bombardment
- Some 700 Filipinos live in Iran, most married to Iranian nationals
- Marcos says the government is looking for a route to ‘get them out’
MANILA: The Philippines is struggling to evacuate its nationals from Iran as exit routes are difficult to secure, President Ferdinand Marcos Jr. said on Wednesday, as an increasing number of them are seeking to leave amid growing destruction from Israeli bombardment.
The Philippine embassy in Tehran estimating that some 700 Filipinos live in Iran. Most are married to Iranian nationals and initially were not willing to leave when the attacks started last week.
“But now, some are saying they’re scared, so they’re asking for help to get out. The problem we’re facing in evacuating them is that — because of the war — many airports are closed,” Marcos told reporters in Quezon City.
“We’re looking for a route through which we can get them out.”
Following Israeli attacks, Iran has suspended flights at major airports. Neighboring countries such as Iraq and Jordan have also closed their airspace, making air evacuations nearly impossible
Some countries are evacuating citizens by land via Azerbaijan and Turkiye, but these journeys are long due to distance, heavy traffic, fuel shortages and potential Israeli strikes.
The Philippine government is also planning to pull non-essential personnel out of the embassy in Tehran and raise the alert level for nationals in Iran to “voluntary repatriation phase,” Foreign Affairs Undersecretary Eduardo Jose De Vega told the Philippine News Agency.
“We cannot raise it to mandatory because most of the Filipinos there won’t go home anyway, they have Iranian families there,” he said.
Israeli attacks on Iran began on Friday, when Tel Aviv hit more than a dozen Iranian sites — including key nuclear facilities and the residences of military leaders and scientists — claiming it was aiming to prevent Iran from developing nuclear weapons.
Daily attacks have been ongoing for the past six days after Iran retaliated with ballistic missile strikes against Israel.
The Israeli military has intensified its bombing of civilian targets, hitting Iran’s state broadcaster in Tehran and a hospital in Kermanshah. On Wednesday alone, it said it had hit 40 sites across the country.
According to the Iranian Ministry of Health and Medical Education, at least 224 people have been killed and 1,481 wounded in the attacks since Friday; however, various media outlets report casualty numbers could be at least twice that many.
Mediterranean rescuers say saved 175,000 people since 2015
- The majority had died in the central Mediterranean, waters between between Libya, Tunisia, Italy and Malta
- In that area, the equivalent of five adults and one child lost their lives every day over the past decade
BERLIN: Maritime rescue organizations said Wednesday they had pulled more than 175,000 people from the Mediterranean over the past 10 years, as waves of migrants sought to use the dangerous sea route to reach Europe.
The group of 21 NGOS active in the region estimated that at least 28,932 people had died while trying to cross the sea since 2015.
The majority had died in the central Mediterranean – waters between Libya, Tunisia, Italy and Malta – Mirka Schaefer of German NGO SOS Humanity told a Berlin press conference.
In that area, the equivalent of five adults and one child lost their lives every day over the past decade, she said.
The number of unrecorded cases was likely to be “significantly higher,” she added.
Of the 21 organizations currently engaged in maritime rescue in the region, 10 of them are based in Germany. Between them the groups operate 15 boats, four sail ships and four planes.
The organizations have frequently clashed with authorities over their rescue operations, which were launched as Europe’s migration crisis broke out in 2015, when hundreds of thousands headed to the continent, mostly from the Middle East.
In Italy the current government has vowed to end crossings and attacked NGOs for creating a “pull factor” that encourages departures, something migration observers say is unproven.
Giorgia Meloni’s hard-right government has passed laws requiring rescue ships to return to a designated port, a measure NGOs say is contrary to maritime law.
“The pressure on us is growing,” Schaefer said, criticizing a lack of support from the German government.
The rescue organizations were calling on Berlin to support “an effective, coordinated sea rescue program, fully funded by the EU,” Sea Watch spokeswoman Giulia Messmer said at the press conference.
The proposal, which had been sent to the German government and to the European Commission, called for the EU to spend between €108 million-€240 million ($124 million-$276 million) a year on rescue patrols and arrival centers.
India’s commerce minister heads to UK to fast-track free trade deal
- FTA talks started in 2022 and stalled over tariffs, mobility for services professionals
- Deal-in-principle was announced by Indian, British PMs last month
New Delhi
India’s Commerce Minister Piyush Goyal has embarked on a two-day visit to the UK to accelerate talks on a long-pending bilateral free trade agreement, his office said on Wednesday.
Launched in January 2022, the FTA negotiations between India and the UK were set to conclude the same year, but despite more than a dozen formal rounds, talks have stalled over issues like tariffs, rules of origin and mobility for services professionals.
A deal-in-principle was announced in May by Indian Prime Minister Narendra Modi and his British counterpart, Keir Starmer.
Goyal’s UK visit comes in the “backdrop of the announcement” and “aims to accelerate bilateral engagements and harness emerging opportunities,” the Ministry of Commerce and Industry said in a statement.
The minister is scheduled to meet UK Business and Trade Secretary Jonathan Reynolds to “review the progress made in the ongoing FTA negotiations and chart out a clear, time-bound road map for its finalization and implementation.”
If Goyal’s visit succeeds in producing an implementation road map with timelines, he would be able to start negotiations on a bilateral investment treaty with the UK, Anupam Manur, professor of economics at the Takshashila Institution in Bangalore, told Arab News.
“A working FTA for India is extremely important, especially in a scenario where global trade uncertainty is at an all-time high due to the trade war and tariffs imposed by President Trump,” Manur said.
“In this scenario, an FTA with the UK delivers greater certainty to India, provides market access to an important large economy, and will also act as a leverage point for trade negotiations with the US.”
India has so far signed 14 free trade agreements with 25 countries, along with several regional and preferential trade pacts covering additional nations. These include agreements with the Association of Southeast Asian Nations, Japan, South Korea, Australia and the UAE.
Talks are also ongoing with the Gulf Cooperation Council and the EU — with commitments to conclude talks in 2025.
UK police slammed for not arresting US diplomat’s wife in fatal crash
- Anne Sacoolas, who was driving on the wrong side of the road outside the US military base at RAF Croughton in Northamptonshire, killed teenager Harry Dunn
LONDON: An independent review in Britain criticized police on Wednesday for failing to arrest a US diplomat’s wife after she killed a British teenager in a car accident before fleeing the country in 2019.
The accident in which Harry Dunn, 19, died became a diplomatic issue between the UK and United States, leading to his family meeting US President Donald Trump at the White House.
Anne Sacoolas, who was driving on the wrong side of the road outside the US military base at RAF Croughton in Northamptonshire, claimed in the ensuing days to have diplomatic immunity.
Sacoolas, whose husband was an intelligence official and has herself been reported to have been a CIA operative, left Britain soon after hitting Dunn on his motorbike in the August 2019 accident.
The review, commissioned by Northamptonshire’s chief constable, Ivan Balhatchet, said the decision not to arrest her was partly based on “information received that Anne Sacoolas was in shock.”
“While the welfare of any person is a concern for officers, this should not have prevented the arrest of Anne Sacoolas,” it said.
The review said officers made the decision believing Dunn’s injuries to be survivable and that had this not been the case they would have made an arrest.
But it found that after his death there was no further discussion documented of whether Sacoolas should be detained.
“The review has potentially highlighted a culture of not arresting... which could lead to evidence not being obtained and influencing a charging decision or a sentence on conviction,” it said.
The review also criticized the Northamptonshire force’s former chief Nick Adderley.
After relations with Dunn’s family broke down there were “multiple areas of direct involvement from CC (Chief Constable) Adderley which had a detrimental impact” on the senior investigating officer and their team as they tried to “rebuild trust,” it added.
After her return to the United States, Sacoolas refused to go back to the UK to face court proceedings.
She eventually pleaded guilty to causing death by careless driving via video link from the US to a London court.
She was handed an eight-month prison sentence in December 2022, suspended for 12 months, meaning she would not serve jail time unless she committed another offense in that time.
Reacting to the review, Dunn’s mother Charlotte Charles said it “confirms what we have known for years — that we were failed by the very people we should have been able to trust.”
“Harry was left to die on the roadside. Sacoolas was not arrested, even though the police had every power to do so,” she said.
Smartphones banned from schools in Afghan Taliban’s heartland
- A ban on smartphones in schools issued by Taliban authorities in southern Afghanistan came into force, students and teachers confirmed to AFP on Wednesday, over concerns of “focus” and “Islamic law“
AFGHANISTAN: A ban on smartphones in schools issued by Taliban authorities in southern Afghanistan came into force, students and teachers confirmed to AFP on Wednesday, over concerns of “focus” and “Islamic law.”
The directive by the provincial Education Department in Kandahar applies to students, teachers and administrative staff in schools and religious schools.
“This decision has been made to ensure educational discipline, focus,” the statement said, adding that it was taken from a “sharia perspective” and that smartphones contribute to “the destruction of the future generation.”
The policy, which has already taken effect in schools across the province, has divided opinion among teachers and students.
“We did not bring smart phones with us to school today,” Saeed Ahmad, a 22-year-old teacher, told AFP.
“I think this is a good decision so that there is more focus on studies,” he added.
Mohammad Anwar, an 11th grader, said “the teachers are saying if anyone is seen bringing a phone, they will start searching the students.”
Another 12th-grade student, refusing to give his name, said the ban would hinder learning in a country where girls are barred from secondary school and university as part of restrictions the UN has dubbed “gender apartheid.”
“When the teacher writes a lesson on the board, I often take a picture so I could write it down later. Now I can’t. This decision will negatively affect our studies.”
The ban has also taken root in religious schools known as madrassas.
“Now there’s a complete ban. No one brings smartphones anymore,” Mohammad, 19 years old madrassa student said.
A number of countries have in recent years moved to restrict mobile phones from classrooms such as France, Denmark and Brazil.
The Taliban authorities have already introduced a ban on images of living beings in media, with multiple provinces announcing restrictions and some Taliban officials refusing to be photographed or filmed.
The Taliban’s Supreme Leader Hibatullah Akhundzada called last week on officials and scholars to reduce their use of smartphones.
“This is the order of the leaders, and we must accept it,” a 28-year-old security forces member told AFP without giving his name as he was not authorized to speak to the media.
“I have now found a brick phone ... I used WhatsApp on my smartphone sometimes, but now I don’t use it anymore,” he added.
Some Taliban officials in Kandahar have started sharing their numbers for brick phones and switching off online messaging apps.
