Editorial: Northern Ireland knows well the huge problems with international law

​This will be a critical in finding out if the Chagos surrender is being overturned or not.​

It is hard to think of a more stark illustration of the problems with international law than the Chagos saga.

In 2019, the International Court of Justice (ICJ) issued an advisory opinion that the separation of the Chagos Archipelago from Mauritius in 1965 was unlawful, and that UK administration must end to complete the decolonisation of Mauritius. The Chinese judge had backed the Russian invasion of Ukraine.

It might be that devotees of international law such as Sir Keir Starmer and his attorney general, Lord Hermer, just don’t consider the possibility that countries such as China have a different judicial philosophy to nations like Britain, that have a free press, open democracy and the rule of law. But they do. UK judges rarely issue views in public on political matters, unless they were involved in politics prior to joining the bench. We still have independent judges, who are largely admired for their neutrality and integrity. It is a key reason why wealthy individuals and companies have confidence in Britain as a fair place in which to live or do business.

It is extraordinary that any political leader would react to such an advisory opinion by wanting to heed it. The obvious response is that it is further proof that international law cannot work.

In Northern Ireland we have better insight into that than most. Not only has the European Court of Human Rights prevented the whole UK from controlling its borders, leading to a disastrous problem with illegal immigrants, it has played – albeit by precedent, more than ruling – a central role in the legacy scandal, in which Britain has allowed investigations into the Troubles to turn against the security forces.

Meanwhile, we have seen Ireland join corrupt, racist South Africa in using global law to harangue Israel (thus helping Hamas).