ICJ is collateral damage in dysfunctional global system: experts

ICJ is collateral damage in dysfunctional global system: experts
Judges arrive at the International Court of Justice (ICJ) to rule on South Africa's request on a Rafah and wider Gaza war ceasefire, in The Hague, on May 24, 2024. (AFP)
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Updated 02 June 2024
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ICJ is collateral damage in dysfunctional global system: experts

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

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.


Trump trade threats overshadow European defense meet

President Donald Trump signs an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP)
President Donald Trump signs an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP)
Updated 32 sec ago
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Trump trade threats overshadow European defense meet

President Donald Trump signs an executive order in the Oval Office of the White House, Monday, Feb. 3, 2025, in Washington. (AP)
  • The trade threats from the White House add an unwelcome new layer to the already complex challenge of bolstering European defenses — faced with a menacing Russia and the spectre of Washington pulling back
  • Trump has vowed to bring a quick end to Russia’s war in Ukraine, leaving Europeans fearful he could sideline them and force Kyiv into a bad deal

BRUSSELS, Belgium: The threat of a transatlantic trade war loomed large Monday over a gathering of European leaders aimed at boosting the continent’s defenses in the face of an aggressive Russia.
The EU’s 27 leaders, Britain’s prime minister and the head of NATO were in Brussels to brainstorm ways to ramp up European defense spending — a key demand that President Donald Trump has made to America’s allies.
But it was Trump’s repeated threat to target Europe “soon” — after having ordered tariffs on Canada, Mexico and China — that set the meeting’s tone.
“If we are attacked in terms of trade, Europe — as a true power — will have to stand up for itself and therefore react,” French President Emmanuel Macron warned.
The tough talk — which came before Trump temporarily backed down after talks with Canada and Mexico — mirrored the message from the European Commission, which said the EU would “respond firmly” to any US tariffs.
Poland’s Prime Minister Donald Tusk, whose country currently holds the EU presidency, labelled trade wars “totally unnecessary and stupid.”
“There are no winners in trade wars,” EU foreign policy chief Kaja Kallas said.
Trade aside, Trump has rattled US allies with a series of direct threats — not least his insistence that he wants to acquire strategically important Greenland, an autonomous Danish territory.
Denmark’s prime minister, Mette Frederiksen, reiterated in Brussels that the Arctic island was “not for sale.”

The trade threats from the White House add an unwelcome new layer to the already complex challenge of bolstering European defenses — faced with a menacing Russia and the spectre of Washington pulling back.
Trump has made clear Europe can no longer take US protection for granted, insisting that NATO countries more than double their defense spending target to five percent of their total economic output — a goal out of reach for many.
He has also vowed to bring a quick end to Russia’s war in Ukraine, leaving Europeans fearful he could sideline them and force Kyiv into a bad deal.
NATO chief Mark Rutte insisted the trade tensions would not weaken the alliance’s collective deterrence.
“There are always issues between allies — it is never always tranquil and happy going,” he said.
European nations have ramped up their military budgets since Russian President Vladimir Putin launched the all-out invasion of Ukraine almost three years ago.
But EU officials concede they are still not arming themselves fast enough as warnings grow that Moscow could attack one of their own in the coming years.

There is widespread consensus across Europe on the need to spend more on defense, with Brussels estimating the needs at 500 billion euros ($510 billion) over a decade.
But the question remains how to do it.
Key dividing lines revolve around the way to fund investments, whether EU cash should be spent only on EU arms, and NATO’s role.
European Commission chief Ursula von der Leyen after the talks suggested relaxing EU budget rules for defense and getting the bloc’s lending arm to work more with weapons producers.
On the crunch issue of calls for possible joint borrowing, there appeared no clear movement.
But von der Leyen indicated the EU could potentially look to use it to fund common projects in crucial areas such as air defense.
The leaders’ discussion is now set to feed into proposals being drawn up by Brussels next month on the future of EU defense — before another round of talks on the issue in June.

As doubts swirl over the transatlantic relationship, many were keen to step up ties with an old friend: Britain.
Prime Minister Keir Starmer was back in the fold — at least for one dinner — as the first UK leader to attend a European Council gathering since the country withdrew from the EU five years ago.
Starmer said he wanted to work with EU leaders to “crush Putin’s war machine” by further targeting Russia’s economy.
The British leader, who has sought to reset relations after the rancour of Brexit, said he wanted to strike a “ambitious” security partnership with the EU.
That could bring Britain, with its potent military and large defense industry, a little closer — with security cooperation to top the agenda at an EU-UK summit planned for May.
But the bitter legacy of Brexit remains.
Numerous EU diplomats said there cannot be progress until a dispute over fishing rights is resolved and London drops its opposition to a youth mobility scheme proposed by Brussels.
 

 


Trump pauses tariffs on Mexico and Canada, but not China

The flags of Mexico, Canada and the United States are shown near the Ambassador Bridge, Monday, Feb. 3, 2025, in Detroit. (AP)
The flags of Mexico, Canada and the United States are shown near the Ambassador Bridge, Monday, Feb. 3, 2025, in Detroit. (AP)
Updated 15 min 54 sec ago
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Trump pauses tariffs on Mexico and Canada, but not China

The flags of Mexico, Canada and the United States are shown near the Ambassador Bridge, Monday, Feb. 3, 2025, in Detroit. (AP)
  • Mexico agreed to reinforce its northern border with 10,000 National Guard members to stem the flow of illegal migration and drugs
  • Trump suggested on Sunday the 27-nation European Union would be his next target, but did not say when

MEXICO CITY/WASHINGTON/OTTAWA: US President Donald Trump suspended his threat of steep tariffs on Mexico and Canada on Monday, agreeing to a 30-day pause in return for concessions on border and crime enforcement with the two neighboring countries.
US tariffs on China are still due to take effect within hours.
Both Canadian Prime Minister Justin Trudeau and Mexican President Claudia Sheinbaum said they had agreed to bolster border enforcement efforts in response to Trump’s demand to crack down on immigration and drug smuggling. That would pause 25 percent tariffs due to take effect on Tuesday for 30 days.
Canada agreed to deploy new technology and personnel along its border with the United States and launch cooperative efforts to fight organized crime, fentanyl smuggling and money laundering.
Mexico agreed to reinforce its northern border with 10,000 National Guard members to stem the flow of illegal migration and drugs.
The United States also made a commitment to prevent trafficking of high-powered weapons to Mexico, Sheinbaum said.

HIGHLIGHTS

• Trump pauses tariffs on Mexico and Canada

• Mexico, Canada to bolster border enforcement

• EU leaders meet to discuss tariff threat response

“As President, it is my responsibility to ensure the safety of ALL Americans, and I am doing just that. I am very pleased with this initial outcome,” Trump said on social media.
The agreements forestall, for now, the onset of a trade war that economists predicted would damage the economies of all involved and usher in higher prices for consumers.
After speaking by phone with both leaders, Trump said he would try to negotiate economic agreements over the coming month with the two largest US trading partners, whose economies have become tightly intertwined with the United States since a landmark free-trade deal was struck in the 1990s.

CHINA TARIFFS STILL PLANNED
No such deal has emerged for China, which faces across-the-board tariffs of 10 percent that are poised to begin at 12:01 a.m. ET on Tuesday (0501 GMT). A White House spokesperson said Trump would not be speaking with Chinese President Xi Jinping until later in the week.
Trump warned he might increase tariffs on Beijing further.
“China hopefully is going to stop sending us fentanyl, and if they’re not, the tariffs are going to go substantially higher,” he said.
China has called fentanyl America’s problem and said it would challenge the tariffs at the World Trade Organization and take other countermeasures, but also left the door open for talks.
The latest twist in the saga sent the Canadian dollar soaring after slumping to its lowest in more than two decades. The news also gave US stock index futures a lift after a day of losses on Wall Street.
Industry groups, fearful of disrupted supply chains, welcomed the pause.
“That’s very encouraging news,” said Chris Davison, who heads a trade group of Canadian canola producers. “We have a highly integrated industry that benefits both countries.”
Trump suggested on Sunday the 27-nation European Union would be his next target, but did not say when.
EU leaders at an informal summit in Brussels on Monday said Europe would be prepared to fight back if the US imposes tariffs, but also called for reason and negotiation. The US is the EU’s largest trade and investment partner.
Trump hinted that Britain, which left the EU in 2020, might be spared tariffs.
Trump acknowledged over the weekend that his tariffs could cause some short-term pain for US consumers, but says they are needed to curb immigration and narcotics trafficking and spur domestic industries.
The tariffs as originally planned would cover almost half of all US imports and would require the United States to more than double its own manufacturing output to cover the gap — an unfeasible task in the near term, ING analysts wrote.
Other analysts said the tariffs could throw Canada and Mexico into recession and trigger “stagflation” — high inflation, stagnant growth and elevated unemployment — at home.

 


Pakistan threatens to deport Afghans in resettlement programs if cases are not swiftly processed

Pakistan threatens to deport Afghans in resettlement programs if cases are not swiftly processed
Updated 04 February 2025
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Pakistan threatens to deport Afghans in resettlement programs if cases are not swiftly processed

Pakistan threatens to deport Afghans in resettlement programs if cases are not swiftly processed
  • An estimated 800,000 Afghans have either gone back voluntarily or been deported since despite criticism from UN agencies, rights groups and the Taliban

ISLAMABAD: Pakistan threatened to deport Afghan refugees awaiting relocation unless their cases are swiftly processed by host governments, officials said Monday.
Tens of thousands of Afghans fled to neighboring Pakistan after the Taliban took over in 2021 and were approved for resettlement in the US through a program that helps people at risk because of their work with the American government, media, aid agencies and rights groups. However, after US President Donald Trump paused US refugee programs last month, around 20,000 Afghans are now in limbo in Pakistan.
The Trump administration also announced the US Refugee Admissions Program would be suspended from Jan. 27 for at least three months, fueling concerns amid Pakistani authorities.
Pakistan’s Prime Minister Shehbaz Sharif decided last week that the refugees would be deported back to Afghanistan unless their cases were processed quickly, according to two security officials. They spoke on condition of anonymity as they were not authorized to talk to the media on the record.
The two also said March 31 has been set as a deadline to expel Afghan refugees from the capital, Islamabad, and the nearby city of Rawalpindi in preparation for their deportation if they are not relocated to their host countries.
There was no immediate response from Pakistan’s ministry of foreign affairs.
News about forced deportations has panicked many Afghan nationals who fear for their lives if sent back home.
Ahmad Shah, a member of the Afghan US Refugee Admission Program advocacy group, told The Associated Press that the latest decision by Pakistan comes at a very critical time as Afghan refugees in general and those seeking resettlement are already under emotional stress and trauma.
He asked Pakistan to seek answers from the United States and other countries “if and when they will begin completing the process” for their relocation.
“We appeal to Pakistan’s Prime Minister Shehbaz Sharif not to be deported like this,” said Khalid Khan who has been waiting for relocation to the United States since 2023.
Khan said some Afghans prepared to leave Islamabad and move to other cities to avoid arrest. He also urged the host countries to expedite their cases.
Another Afghan refugee who lives in Islamabad with his family, and who refused to be identified because he is worried about the Taliban reprisals and arrest by Pakistan, urged Trump to revive the refugee program “in the name of humanity.”
Besides those living in Pakistan and the thousands awaiting travel to host countries, there are around 1.45 million Afghan nationals registered with UNHCR as refugees. Their stay has been extended until June.
Pakistan started a crackdown on foreigners who are in the country without proper documentation in November 2023. An estimated 800,000 Afghans have either gone back voluntarily or been deported since despite criticism from UN agencies, rights groups and the Taliban.
The two officials said the crackdown will continue in the coming months.
Last month, Amnesty International expressed its concern over “reports of arbitrary detention and harassment of Afghan refugees and asylum-seekers by law enforcement agencies in Islamabad.”


US military flight deporting migrants to India, official says

US military flight deporting migrants to India, official says
Updated 04 February 2025
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US military flight deporting migrants to India, official says

US military flight deporting migrants to India, official says
  • President Donald Trump has increasingly turned to the military to help carry out his immigration agenda
  • Military flights are a costly way to transport migrants — a military deportation flight to Guatemala likely cost at least $4,675 per migrant

WASHINGTON: A US military plane is deporting migrants to India, a US official said on Monday, the farthest destination of the Trump administration’s military transport flights for migrants.
President Donald Trump has increasingly turned to the military to help carry out his immigration agenda, including sending additional troops to the US-Mexico border, using military aircraft to deport migrants and opening military bases to house them.
The official, speaking on the condition of anonymity, said the C-17 aircraft had departed for India with migrants aboard but would not arrive for at least 24 hours.
The Pentagon has also started providing flights to deport more than 5,000 immigrants held by US authorities in El Paso, Texas, and San Diego, California.
So far, military aircraft have flown migrants to Guatemala, Peru and Honduras.
The military flights are a costly way to transport migrants. Reuters reported that a military deportation flight to Guatemala last week likely cost at least $4,675 per migrant.


Italy PM named in complaint over freed Libya police head: report

Italy PM named in complaint over freed Libya police head: report
Updated 04 February 2025
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Italy PM named in complaint over freed Libya police head: report

Italy PM named in complaint over freed Libya police head: report
  • Najim’s repatriation has caused a major political row in Italy, and a special court is considering an investigation into Meloni and her justice and interior ministers for their role into Najim’s release

ROME: A migrant who says he was tortured by a Libyan war crimes suspect has filed a complaint with prosecutors claiming Italy’s prime minister enabled the suspect to go free, news reports said Monday.
The migrant from South Sudan, Lam Magok, alleges he was imprisoned in a Tripoli detention center run by Osama Almasri Najim — who is wanted by the International Criminal Court (ICC) on charges including murder, rape and torture.
Najim was detained in the northern Italian city of Turin on January 19 on an ICC warrant, only to be released and flown home to Tripoli on an Italian air force plane two days later.
Magok claims he was beaten and kicked by the police chief and his guards, according to the reports, which said Prime Minister Giorgia Meloni and two senior ministers were named in his complaint.
The complaint filed in Rome could prompt an investigation from prosecutors.
“The Italian government has made me a victim twice, nullifying the possibility of obtaining justice both for all the people, like me, who survived his violence,” he wrote, according to passages of the lawsuit published by local media.
Neither Magok’s lawyer nor Meloni’s government immediately replied to a request for comment or confirmation.
Najim’s repatriation has caused a major political row in Italy, and a special court is considering an investigation into Meloni and her justice and interior ministers for their role into Najim’s release.
Meloni has called the probe politically motivated.
In a press conference at parliament last week, Magok said he and other migrants were beaten when they tried to flee Tripoli’s Mitiga detention center run by Najim.
The police chied “beat us, tortured us for days,” said Magok, according to Italian news agency Ansa, adding that he was forced to remove dead migrants’ bodies.
“It was something that I will never forget and it is unthinkable that one might be forced to do this. We want justice,” he said.
Justice Minister Carlo Nordio and Interior Minister Matteo Piantedosi are also named in Magok’s complaint, according to reports.
Najim was freed after an Italian appeals court ruled he could not be detained in jail due to a technicality involving Nordio failing to respond in time to the ICC request.
Piantedosi then claimed the government had no choice but to repatriate Najim because he was considered too dangerous to remain in Italy.
Meloni has also defended the expulsion of the Libyan police chief, asking why the ICC only issued the warrant as he entered Italy after “spending a dozen calm days in three other European countries.”