The Chagos Islands were at the centre of a previous ICJ advisory opinion cited by Mauritius this week. Alamy
The Chagos Islands were at the centre of a previous ICJ advisory opinion cited by Mauritius this week. Alamy
The Chagos Islands were at the centre of a previous ICJ advisory opinion cited by Mauritius this week. Alamy
The Chagos Islands were at the centre of a previous ICJ advisory opinion cited by Mauritius this week. Alamy

Why do the Chagos Islands matter to the ICJ Israeli occupation case?


Sunniva Rose
  • English
  • Arabic

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Mauritius told the top UN court this week that Israel's occupation of Palestinian territories is illegal and presents similarities to a dispute between Mauritius and the UK over the Chagos Islands.

Mauritius put forward its argument during hearings at the International Court of Justice in The Hague over the legality of Israel's occupation of Palestinian territories since 1967, including East Jerusalem.

The hearings are unrelated to the continuing war in Gaza. Many countries have claimed, however, that it stems from Israel's illegal occupation of Palestinian territories, including Gaza, and have urged the court to call for an Israeli withdrawal. The advisory opinion is not binding.

But why do the Chagos Islands, in the Indian Ocean, more than 5,700km away from Gaza, matter in the Israeli occupation case?

A colonial framework

In establishing a parallel with the Palestinian people, Mauritius set to place discussions about Israeli occupation in a colonial framework. This was the predominant view among the dozens of countries that gave their oral statements starting on Monday. They will continue until February 26. The court is then expected to issue its opinion within six months.

In their oral statements this week, many countries, including Mauritius, referred to an advisory opinion issued by the ICJ in February 2019 on the legal consequences of the UK's 1965 separation of the Chagos Islands from Mauritius.

The court concluded that the decolonisation process of Mauritius had not been lawfully completed due to the Chagos Islands' unlawful detachment and incorporation into a new colony. The court ordered that the UK bring an end to its administration of the Chagos Islands as rapidly as possible.

Some countries argued that should the ICJ deem Israel's occupation unlawful, it would be under similar obligations. That may include withdrawing its forces and settlers from occupied territories.

Israeli officials have disputed characterisations of their country's behaviour as a colonial power. They have also rejected claims that Palestinian territories are formally occupied on the basis that they were captured from Jordan and Egypt during the 1967 war rather than from a sovereign Palestine. Both Palestinians and Israelis claim historical and religious ties to the land.

Israel declined to give an oral statement in the continuing hearings, but some of its allies, including the US and the UK, argued that the court should refrain from requesting its withdrawal from occupied territories.

They said that the existing framework for solving the conflict was rooted in UN Security Council resolution 242 issued in the wake of the 1967 war. This framework involves the withdrawal of Israeli forces in parallel to security assurances for Israel.

The US and the UK told the ICJ that an order of withdrawal without security assurances would worsen peace negotiations between Israel and Palestinians, which have been at standstill for years.

Protesters outside the International Court of Justice in The Hague during hearings on the legal consequences of Israel's occupation of the Palestinian territories. Reuters
Protesters outside the International Court of Justice in The Hague during hearings on the legal consequences of Israel's occupation of the Palestinian territories. Reuters

A 'significant' impact

According to Mauritius and a number of other countries including China and Ireland, this argument is flawed. The ICJ's advisory opinion on the Chagos Islands made a “significant, immediate, and irreversible impact” on its negotiations with the UK, Jagdish Dharamchand Koonjul, the permanent representative of Mauritius to the UN, told the ICJ on Thursday.

Less than three months later, the UN General Assembly adopted a resolution demanding compliance with the court's order. In 2021, a special chamber of the International Tribunal for the Law of the Sea affirmed that the ICJ's advisory opinion carried no less weight and authority than those in judgements.

In effect, long-stalled negotiations between the UK and the Maldives picked up after the ICJ's advisory opinion.

In the case of Israel's occupation, Mauritius is “confident” that the ICJ's advisory opinions “can likewise make a significant, immediate, and irreversible impact with respect to the right of Palestinian people to self-determination”, said Mr Koonjul.

“To those who suggest that the issuance of an advisory opinion might somehow prejudice the prospects of a negotiation, Mauritius underscores that, to the contrary, the court's clarification of the legal rights and obligations of the parties facilitates rather than obstructs a good faith negotiation,” said Mr Koonjul.

An 'illegal' occupation

Another argument put forward by the US and refuted by Mauritius is the fact that the ICJ cannot issue an advisory opinion on Israel's occupation because international law does not provide for an occupation itself to be rendered unlawful.

“The fact of an occupation is the basis for the occupying power to exercise its authority over an occupied territory,” Richard Visek, acting legal adviser for the US Department of State, told the ICJ on Wednesday.

Speaking on behalf of Mauritius, Pierre Klein, professor in international law at the Universite Libre de Bruxelles in Belgium, said that “many have found this argument surprising”.

“Rights and duties of the occupier vis-à-vis the occupied territories are defined by the rules of international humanitarian law,” said Mr Klein.

“But does this ipso facto justify the very presence of the occupier on the territory in question – presence with regard to which international law should be in some way neutral?

“Even if an occupying army maintained a behaviour that respects the law of occupation, its presence on occupied territories in itself is illegal if it is the result of a use of force contrary to international law or an act of annexation,” said Mr Klein.

The UK did not directly refer to the Chagos Islands case in its statement but seemed to imply that it was irrelevant.

“Over the course of this week, we have heard certain characterisations of Israel’s actions that we don’t accept. We also heard characterisations for our own conduct and the motivation for it that we emphatically reject,” Sally Langrish, legal adviser at the UK Foreign Office, told the court on Friday.

“We are confident the court will find analogies with unrelated cases to be entirely unhelpful. What matters is the case before it today,” said Ms Langrish.

Pad Man

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Three-and-a-half stars

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Key findings of Jenkins report
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The specs
  • Engine: 3.9-litre twin-turbo V8
  • Power: 640hp
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HWJN
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Zodi%20%26%20Tehu%3A%20Princes%20Of%20The%20Desert
%3Cp%3E%3Cstrong%3EDirector%3A%20%3C%2Fstrong%3EEric%20Barbier%26nbsp%3B%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3EStarring%3A%20%3C%2Fstrong%3EYoussef%20Hajdi%2C%20Nadia%20Benzakour%2C%20Yasser%20Drief%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%204%2F5%3C%2Fp%3E%0A
COMPANY PROFILE

Name: Lamsa

Founder: Badr Ward

Launched: 2014

Employees: 60

Based: Abu Dhabi

Sector: EdTech

Funding to date: $15 million

The winners

Fiction

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The George Ellenbogen Poetry Award

  • ‘Footnotes in the Order  of Disappearance’ by Fady Joudah

Children/Young Adult

  •  ‘I’ve Loved You Since Forever’ by Hoda Kotb 
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How to protect yourself when air quality drops

Install an air filter in your home.

Close your windows and turn on the AC.

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Stay indoors when conditions are particularly poor.

If driving, turn your engine off when stationary.

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The Settlers

Director: Louis Theroux

Starring: Daniella Weiss, Ari Abramowitz

Rating: 5/5

KEY%20DATES%20IN%20AMAZON'S%20HISTORY
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Tree of Hell

Starring: Raed Zeno, Hadi Awada, Dr Mohammad Abdalla

Director: Raed Zeno

Rating: 4/5

COMPANY PROFILE

Name: Qyubic
Started: October 2023
Founder: Namrata Raina
Based: Dubai
Sector: E-commerce
Current number of staff: 10
Investment stage: Pre-seed
Initial investment: Undisclosed 

Cryopreservation: A timeline
  1. Keyhole surgery under general anaesthetic
  2. Ovarian tissue surgically removed
  3. Tissue processed in a high-tech facility
  4. Tissue re-implanted at a time of the patient’s choosing
  5. Full hormone production regained within 4-6 months
The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

How much do leading UAE’s UK curriculum schools charge for Year 6?
  1. Nord Anglia International School (Dubai) – Dh85,032
  2. Kings School Al Barsha (Dubai) – Dh71,905
  3. Brighton College Abu Dhabi - Dh68,560
  4. Jumeirah English Speaking School (Dubai) – Dh59,728
  5. Gems Wellington International School – Dubai Branch – Dh58,488
  6. The British School Al Khubairat (Abu Dhabi) - Dh54,170
  7. Dubai English Speaking School – Dh51,269

*Annual tuition fees covering the 2024/2025 academic year

 

 

Red Joan

Director: Trevor Nunn

Starring: Judi Dench, Sophie Cookson, Tereza Srbova

Rating: 3/5 stars

Fixtures and results:

Wed, Aug 29:

  • Malaysia bt Hong Kong by 3 wickets
  • Oman bt Nepal by 7 wickets
  • UAE bt Singapore by 215 runs

Thu, Aug 30: 

  • UAE bt Nepal by 78 runs
  • Hong Kong bt Singapore by 5 wickets
  • Oman bt Malaysia by 2 wickets

Sat, Sep 1: UAE v Hong Kong; Oman v Singapore; Malaysia v Nepal

Sun, Sep 2: Hong Kong v Oman; Malaysia v UAE; Nepal v Singapore

Tue, Sep 4: Malaysia v Singapore; UAE v Oman; Nepal v Hong Kong

Thu, Sep 6: Final

Match info:

Burnley 0

Manchester United 2
Lukaku (22', 44')

Red card: Marcus Rashford (Man United)

Man of the match: Romelu Lukaku (Manchester United)

How will Gen Alpha invest?

Mark Chahwan, co-founder and chief executive of robo-advisory firm Sarwa, forecasts that Generation Alpha (born between 2010 and 2024) will start investing in their teenage years and therefore benefit from compound interest.

“Technology and education should be the main drivers to make this happen, whether it’s investing in a few clicks or their schools/parents stepping up their personal finance education skills,” he adds.

Mr Chahwan says younger generations have a higher capacity to take on risk, but for some their appetite can be more cautious because they are investing for the first time. “Schools still do not teach personal finance and stock market investing, so a lot of the learning journey can feel daunting and intimidating,” he says.

He advises millennials to not always start with an aggressive portfolio even if they can afford to take risks. “We always advise to work your way up to your risk capacity, that way you experience volatility and get used to it. Given the higher risk capacity for the younger generations, stocks are a favourite,” says Mr Chahwan.

Highlighting the role technology has played in encouraging millennials and Gen Z to invest, he says: “They were often excluded, but with lower account minimums ... a customer with $1,000 [Dh3,672] in their account has their money working for them just as hard as the portfolio of a high get-worth individual.”

Who has lived at The Bishops Avenue?
  • George Sainsbury of the supermarket dynasty, sugar magnate William Park Lyle and actress Dame Gracie Fields were residents in the 1930s when the street was only known as ‘Millionaires’ Row’.
  • Then came the international super rich, including the last king of Greece, Constantine II, the Sultan of Brunei and Indian steel magnate Lakshmi Mittal who was at one point ranked the third richest person in the world.
  • Turkish tycoon Halis Torprak sold his mansion for £50m in 2008 after spending just two days there. The House of Saud sold 10 properties on the road in 2013 for almost £80m.
  • Other residents have included Iraqi businessman Nemir Kirdar, singer Ariana Grande, holiday camp impresario Sir Billy Butlin, businessman Asil Nadir, Paul McCartney’s former wife Heather Mills. 
Hunting park to luxury living
  • Land was originally the Bishop of London's hunting park, hence the name
  • The road was laid out in the mid 19th Century, meandering through woodland and farmland
  • Its earliest houses at the turn of the 20th Century were substantial detached properties with extensive grounds

 

Fight card
  • Aliu Bamidele Lasisi (Nigeria) beat Artid Vamrungauea (Thailand) POINTS
  • Julaidah Abdulfatah (Saudi Arabia) beat Martin Kabrhel (Czech Rep) POINTS
  • Kem Ljungquist (Denmark) beat Mourad Omar (Egypt) TKO
  • Michael Lawal (UK) beat Tamas Kozma (Hungary) KO​​​​​​​
  • Zuhayr Al Qahtani (Saudi Arabia) beat Mohammed Mahmoud (UK) POINTS
  • Darren Surtees (UK) beat Kane Baker (UK) KO
  • Chris Eubank Jr (UK) beat JJ McDonagh (Ireland) TKO
  • Callum Smith (UK) beat George Groves (UK) KO
Updated: February 24, 2024, 9:56 AM