-
South Africa's migrant exodus leaves employers short-handed
-
As Zimbabwe's raw lithium ban pays off, ambitions grow
-
US holds fire against Iran as reports emerge of stockpile concerns
-
German manhunt after deadly car ramming near Berlin Gay Pride
-
Marvel announces 'Black Panther III' at Comic-Con
-
Vienna's venerable vineyard taverns forced to move with the times
-
Will heatwaves push European holidaymakers to 'coolcations'?
-
Thousands crowd shelters as wildfires force exodus in France, Spain
-
Messi-less Miami win on Casemiro debut, Berterame suffers head blow
-
Burnham offers sweeteners, hopeful vibes in first week as UK PM
-
German police hunt suspect after deadly car ramming near Berlin Gay Pride
-
'The Odyssey': Christopher Nolan's latest cultural phenomenon
-
US Federal Reserve expected to hold rates steady as inflation swirls
-
'Star Trek' celebrates 60th anniversary at Comic-Con
-
Merz vows justice after deadly car ramming near Berlin Gay Pride event
-
Merz vows justice after deadly car attack near Berlin Gay Pride event
-
Joshua survives knockdowns, stops Prenga
-
Merz vows justice after deadly car attack near Berlin Pride event
-
Ohtani delays throwing session over knee 'regression'
-
Hiltz extends US 1,500 streak, Lyles advances in 200
-
One killed, 15 wounded as car hits crowd near Berlin Gay Pride
-
'Difficult night' as France, Spain fires intensify again
-
Hodge, Hope give West Indies edge in rain-impacted Pakistan Test
-
Beaten Ramsay-Peaty casts doubt on future as Australia rule Commonwealth pool
-
Scheffler surges at 3M Open with blistering back nine
-
Ramsay-Peaty beaten into bronze as Australia's Williamson wins Commonwealth gold
-
Brazil's right-wing party nominates Bolsonaro son to battle Lula
-
Kazakh leader tells Putin war should end, Ukraine launches fresh strikes
-
Norris back on pole at Hungarian GP as rivals handed penalties
-
Madeleine McCann's brother targets Olympic dream after Commonwealth final
-
Close to Madrid, those who escaped flames worry what is next
-
Hamilton, Antonelli stung by grid penalties at Hungarian GP
-
Messi can skip All-Star Game after grueling World Cup, says MLS
-
Scotland declares 'major' wildfire in Cairngorms national park
-
Hamilton stung by three-place grid penalty
-
Spain fights to 'save lives' as wildfire evacuees shelter in Madrid
-
Howe uncertain if Guimaraes will stay with Newcastle amid Arsenal interest
-
Palestinians bury four killed in West Bank clash with Israeli settlers
-
Varane concussions motivate Como to ban heading in academy teams
-
49ers coach Shanahan injured in car crash
-
'Amazing' Pogacar-Del Toro friendship lights up Tour de France
-
China evacuates 340,000 people as Typhoon Noul approaches
-
Crisis-hit Flavio Bolsonaro launches presidential candidacy in Brazil
-
Norris back on pole for Mercedes at Hungarian GP
-
As wildfires grip France and Spain, what are the risks from the smoke?
-
Ukraine strikes Siberia refinery as Kazakh leader tells Putin war should end
-
Pogacar set to win Tour de France, Carapaz claims Queen stage
-
Kishan, Varma hit half centuries as India win Zimbabwe T20 series
-
India's education minister resigns, end called to Delhi protests
-
Houthis target Saudi oil as new Middle East front
ICJ is collateral damage in dysfunctional global system: experts
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.
- Security Council 'paralysis' -
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.
N.Awad--SF-PST