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
Fear at Antarctica base as researcher assaults colleague and makes threats
- ‘His behavior has escalated to a point that is deeply disturbing,’ said an email sent to South Africa’s Sunday Times newspaper
CAPE TOWN: A member of a South African research team that is confined for more than a year at an isolated Antarctica base was put under psychological evaluation there after he allegedly assaulted and sexually harassed colleagues, government officials said.
The problems at the SANAE IV base were first reported by South Africa’s Sunday Times newspaper, which said it had seen an email from a team member to authorities last month claiming the man had attacked the base leader and made threats.
The email pleaded for help.
“His behavior has escalated to a point that is deeply disturbing,” the email said, according to The Sunday Times. “I remain deeply concerned about my own safety, constantly wondering if I might become the next victim.” The report said the man allegedly made a death threat.
South Africa’s Ministry of Environment, which oversees the research missions, said in a statement that the alleged assault on the base leader was reported on Feb. 27, and officials and counselors intervened remotely “to mediate and restore relationships at the base.” They were speaking with team members almost daily, it said.
“The alleged perpetrator has willingly participated in further psychological evaluation, has shown remorse and is willingly cooperative,” the ministry said, adding that he had written a formal apology to the victim of the alleged assault. It said the allegations were being investigated. No one was identified.
The nine-member team, which includes scientists, a doctor and engineers, is expected to stay at the base for about 13 months until next year, authorities said, living in close quarters through the hostile Antarctic winter, whose six months of darkness begin in June.
The base is on a cliff in Queen Maud Land and is surrounded by a glacial ice sheet, more than 4,000 km, from South Africa.
The next planned visit by a supply ship is in December, according to the South African National Antarctic Program. It takes the ship around 10 days to travel from Cape Town.
Authorities said they had decided not to evacuate anyone from SANAE IV, where the onset of unpredictable weather conditions meant the team was now confined to the base.
The ministry said all team members had undergone evaluations ahead of the trip to ensure they can cope with the “extreme nature of the environment in Antarctica” and the isolation and confinement, and no problems were identified.
“It is not uncommon that once individuals arrive at the extremely remote areas where the scientific bases are located, an initial adjustment to the environment is required,” it said.
Previous problems have been reported at another of South Africa’s remote research bases on Marion Island, a South African territory near Antarctica.
In 2017, a member of a research team there smashed a colleague’s room with an ax over an apparent love triangle, according to a report to South Africa’s parliament. Lawmakers said it appeared the researchers were living in highly stressful conditions.
The National Science Foundation, the federal agency that oversees the US Antarctic Program, published a report in 2022 in which 59 percent of women in the US program said they’d experienced harassment or assault while on research trips in Antarctica.
Ukraine would back ceasefire on energy attacks, Zelensky says
- “Our side (would) support this,” Zelensky told reporters
- Zelensky said he would back any proposal that led to a “stable and just peace“
KYIV: President Volodymyr Zelensky said on Tuesday Ukraine would support a US proposal to stop its attacks on Russian energy infrastructure, but warned that Russia was trying to delay the US-led negotiations and weaken Kyiv by making new demands.
The White House said earlier that Russian President Vladimir Putin had agreed to US President Donald Trump’s proposal for a month-long halt on strikes against Ukrainian energy infrastructure, as the two leaders spoke by phone on Tuesday.
“Our side (would) support this,” Zelensky told reporters during a quickly-organized online briefing, when asked about the idea of a moratorium on energy strikes.
Ukraine has used long-range combat drones to pound Russian oil infrastructure such as refineries in an effort to hurt its much larger foe, which has rained down missiles and drones far behind the front lines in Ukraine since the February 2022 full-scale invasion.
In particular, Russian strikes have hammered Ukrainian power stations, causing large-scale blackouts, and more recently also natural gas production sites.
Zelensky said he would back any proposal that led to a “stable and just peace.”
Moscow stopped short of giving Washington the full unconditional 30-day ceasefire it had sought.
Zelensky said he believed Russia was clearly opposed to the proposal, which Kyiv agreed to in principle at last week’s talks with US officials in Jeddah.
Zelensky told reporters that Russia had launched more than 1,300 guided bombs, eight missiles and nearly 600 long-range strike drones at Ukraine since the talks in Saudi Arabia.
Ukraine itself proposed the idea of ceasefire on energy infrastructure during the talks, he added.
“This was part of our proposal for the sky and for the sea. With the mediation of the American side, if they are the guarantors of control over the implementation of this ceasefire,” he said.
PHONE CALL DIPLOMACY
Zelensky said after the Putin-Trump phone call he spoke by telephone with French President Emmanuel Macron and German Chancellor Olaf Scholz, both key European allies.
“I think it will be right that we will have a conversation with President Trump and we will know in detail what the Russians offered the Americans or what the Americans offered the Russians,” he said.
He also told reporters that he hoped Kyiv’s partners would not cut vital military assistance for Ukraine.
“We are in constant communication. I am confident that there will be no betrayal from our partners and that the assistance will continue,” he said.
He made the remark when asked about an earlier comment by Putin, who emphasized that any resolution of the conflict would require an end to all military and intelligence assistance to Ukraine.
Zelensky said the demand by Putin, as well as another seeking to curtail Ukraine’s campaign to draft civilians into the armed forces, looked aimed at weakening Ukraine.
Peru declares an emergency and deploys the army as violence surges in the capital
- Authorities will restrict freedom of assembly and movement during the 30 days state of emergency
LIMA: Peru’s president declared a state of emergency in the capital Monday and ordered the deployment of soldiers to help police address a surge of violence, amid widespread outcry a day after the killing of a popular singer.
President Dina Boluarte’s government published a decree saying that the state of emergency will last 30 days, and authorities will restrict some rights, including the freedom of assembly and movement. That means the police and the army would be able to detain people without a judicial order.
Peru has seen an increase of killings, violent extortion and attacks on public places in recent months. Police reported 459 killings from Jan. 1 to March 16, and 1,909 extortion reports in January alone. But outrage crested after the killing Sunday of Paul Flores, the 39-year-old lead singer of the cumbia band Armonia 10.
In Congress, opposition lawmakers requested a vote of no confidence against Interior Minister Juan José Santiváñez for what they say is a lack of a plan to fight rising violence. The vote is expected to be discussed in the Congress’ plenary later this week.
Flores was shot to death early Sunday when assailants attacked the bus he and bandmates were traveling after a concert in Lima. Cumbia is a Latin music style that people dance to the rhythm of drums, maracas and other instruments.
The attack against the popular singer was not the only violent event over the weekend. On Saturday, an object exploded at a restaurant in the capital, injuring at least 11 people.
Boluarte’s government previously decreed a state of emergency in an attempt to stem the violence between September and December.
Indonesia lawmakers to pass bill allowing more military in government
- The new draft adds more state agencies to the list, including the attorney general’s office, the state secretariat, the counter-terrorism agency and the narcotics agency
JAKARTA: Indonesia is set to pass revisions to a military law this week that will allow armed forces personnel to hold more civilian posts.
The changes were approved on Tuesday by the house committee overseeing military, defense and foreign policy and according to lawmakers will be put to a wider vote on Thursday of parliament, which is controlled by President Prabowo Subianto’s coalition.
Prabowo, a former defense minister and special forces commander who served under Suharto and was once his son-in-law, has expanded the armed forces’ role since taking power in October after winning the presidential election by a big margin. The bill includes a change introduced into a later draft requiring military officers to resign before assuming civilian roles, said Gavriel Putra Novanto, who presided over the committee’s meeting.
Current laws allow active soldiers to hold posts in organizations such as the defense ministry and state intelligence agency.
The new draft adds more state agencies to the list, including the attorney general’s office, the state secretariat, the counter-terrorism agency and the narcotics agency, Gavriel said. It also extends sitting officers’ retirement age.
The latest draft of the bill has not been made available to the public. Prabowo’s office has denied it could usher in a second “New Order” era.
Law Minister Supratman Andi Agtas said the revision was necessary due to current domestic and geopolitical challenges.
Sufmi Dasco Ahmad, parliament’s deputy speaker, denied the bill was being rushed through and said lawmakers had been transparent.
Russia says repelled Ukrainian assault on Belgorod region
- The Russian defense ministry said: “A total of five attacks were carried out by the enemy during the day”
- “No crossing of the state border of the Russian Federation was permitted“
MOSCOW: Russia said on Tuesday that Ukrainian army units attempted a ground assault on the Belgorod region earlier but were pushed back, in what Moscow cast as an attempt to undermine ceasefire talks with the United States.
US President Donald Trump and Vladimir Putin held a phone call earlier, in which the Russian leader agreed to a limited deal to halt attacks on Ukrainian energy targets for 30 days but no full truce.
Ukraine used up to 200 fighters in the assault, as well as “five tanks, 16 armored combat vehicles and three demolition vehicles,” the Russian defense ministry said.
“A total of five attacks were carried out by the enemy during the day,” it added.
“No crossing of the state border of the Russian Federation was permitted.”
Kyiv did not immediately comment on Russia’s accusation.
Russia has accused Ukrainian troops of launching several incursions into its territory since launching its full-scale assault on Kyiv in February 2022, including the Kursk region, where fighting has been ongoing for months.
