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 U.N.'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...