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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.
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.
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Royal Birkdale Golf Course
Location: Southport, Merseyside, England
Established: 1889
Type: Private
Total holes: 18
MATCH INFO
Karnatake Tuskers 114-1 (10 ovs)
Charles 57, Amla 47
Bangla Tigers 117-5 (8.5 ovs)
Fletcher 40, Moores 28 no, Lamichhane 2-9
Bangla Tiger win by five wickets
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GAC GS8 Specs
Engine: 2.0-litre 4cyl turbo
Power: 248hp at 5,200rpm
Torque: 400Nm at 1,750-4,000rpm
Transmission: 8-speed auto
Fuel consumption: 9.1L/100km
On sale: Now
Price: From Dh149,900
Omar Yabroudi's factfile
Born: October 20, 1989, Sharjah
Education: Bachelor of Science and Football, Liverpool John Moores University
2010: Accrington Stanley FC, internship
2010-2012: Crystal Palace, performance analyst with U-18 academy
2012-2015: Barnet FC, first-team performance analyst/head of recruitment
2015-2017: Nottingham Forest, head of recruitment
2018-present: Crystal Palace, player recruitment manager
Jetour T1 specs
Engine: 2-litre turbocharged
Power: 254hp
Torque: 390Nm
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German intelligence warnings
- 2002: "Hezbollah supporters feared becoming a target of security services because of the effects of [9/11] ... discussions on Hezbollah policy moved from mosques into smaller circles in private homes." Supporters in Germany: 800
- 2013: "Financial and logistical support from Germany for Hezbollah in Lebanon supports the armed struggle against Israel ... Hezbollah supporters in Germany hold back from actions that would gain publicity." Supporters in Germany: 950
- 2023: "It must be reckoned with that Hezbollah will continue to plan terrorist actions outside the Middle East against Israel or Israeli interests." Supporters in Germany: 1,250
Source: Federal Office for the Protection of the Constitution
From Zero
Artist: Linkin Park
Label: Warner Records
Number of tracks: 11
Rating: 4/5
Everton 1 Stoke City 0
Everton (Rooney 45 1')
Man of the Match Phil Jagielka (Everton)
Indoor cricket World Cup:
Insportz, Dubai, September 16-23
UAE fixtures:
Men
Saturday, September 16 – 1.45pm, v New Zealand
Sunday, September 17 – 10.30am, v Australia; 3.45pm, v South Africa
Monday, September 18 – 2pm, v England; 7.15pm, v India
Tuesday, September 19 – 12.15pm, v Singapore; 5.30pm, v Sri Lanka
Thursday, September 21 – 2pm v Malaysia
Friday, September 22 – 3.30pm, semi-final
Saturday, September 23 – 3pm, grand final
Women
Saturday, September 16 – 5.15pm, v Australia
Sunday, September 17 – 2pm, v South Africa; 7.15pm, v New Zealand
Monday, September 18 – 5.30pm, v England
Tuesday, September 19 – 10.30am, v New Zealand; 3.45pm, v South Africa
Thursday, September 21 – 12.15pm, v Australia
Friday, September 22 – 1.30pm, semi-final
Saturday, September 23 – 1pm, grand final
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The alternatives
• Founded in 2014, Telr is a payment aggregator and gateway with an office in Silicon Oasis. It’s e-commerce entry plan costs Dh349 monthly (plus VAT). QR codes direct customers to an online payment page and merchants can generate payments through messaging apps.
• Business Bay’s Pallapay claims 40,000-plus active merchants who can invoice customers and receive payment by card. Fees range from 1.99 per cent plus Dh1 per transaction depending on payment method and location, such as online or via UAE mobile.
• Tap started in May 2013 in Kuwait, allowing Middle East businesses to bill, accept, receive and make payments online “easier, faster and smoother” via goSell and goCollect. It supports more than 10,000 merchants. Monthly fees range from US$65-100, plus card charges of 2.75-3.75 per cent and Dh1.2 per sale.
• 2checkout’s “all-in-one payment gateway and merchant account” accepts payments in 200-plus markets for 2.4-3.9 per cent, plus a Dh1.2-Dh1.8 currency conversion charge. The US provider processes online shop and mobile transactions and has 17,000-plus active digital commerce users.
• PayPal is probably the best-known online goods payment method - usually used for eBay purchases - but can be used to receive funds, providing everyone’s signed up. Costs from 2.9 per cent plus Dh1.2 per transaction.
Killing of Qassem Suleimani
HEADLINE HERE
- I would recommend writing out the text in the body
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Various Artists
Habibi Funk: An Eclectic Selection Of Music From The Arab World (Habibi Funk)
The specs
Engine: 1.5-litre turbo
Power: 181hp
Torque: 230Nm
Transmission: 6-speed automatic
Starting price: Dh79,000
On sale: Now
PROFILE OF CURE.FIT
Started: July 2016
Founders: Mukesh Bansal and Ankit Nagori
Based: Bangalore, India
Sector: Health & wellness
Size: 500 employees
Investment: $250 million
Investors: Accel, Oaktree Capital (US); Chiratae Ventures, Epiq Capital, Innoven Capital, Kalaari Capital, Kotak Mahindra Bank, Piramal Group’s Anand Piramal, Pratithi Investment Trust, Ratan Tata (India); and Unilever Ventures (Unilever’s global venture capital arm)
How to help
Send “thenational” to the following numbers or call the hotline on: 0502955999
2289 – Dh10
2252 – Dh 50
6025 – Dh20
6027 – Dh 100
6026 – Dh 200
Benefits of first-time home buyers' scheme
- Priority access to new homes from participating developers
- Discounts on sales price of off-plan units
- Flexible payment plans from developers
- Mortgages with better interest rates, faster approval times and reduced fees
- DLD registration fee can be paid through banks or credit cards at zero interest rates
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More from Neighbourhood Watch
Timeline
1947
Ferrari’s road-car company is formed and its first badged car, the 125 S, rolls off the assembly line
1962
250 GTO is unveiled
1969
Fiat becomes a Ferrari shareholder, acquiring 50 per cent of the company
1972
The Fiorano circuit, Ferrari’s racetrack for development and testing, opens
1976
First automatic Ferrari, the 400 Automatic, is made
1987
F40 launched
1988
Enzo Ferrari dies; Fiat expands its stake in the company to 90 per cent
2002
The Enzo model is announced
2010
Ferrari World opens in Abu Dhabi
2011
First four-wheel drive Ferrari, the FF, is unveiled
2013
LaFerrari, the first Ferrari hybrid, arrives
2014
Fiat Chrysler announces the split of Ferrari from the parent company
2015
Ferrari launches on Wall Street
2017
812 Superfast unveiled; Ferrari celebrates its 70th anniversary
The specs
Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
On sale: Now
Price: From Dh117,059
Film: Raid
Dir: Rajkumar Gupta
Starring: Ajay Devgn, Ileana D'cruz and Saurabh Shukla
Verdict: Three stars
JAPANESE GRAND PRIX INFO
Schedule (All times UAE)
First practice: Friday, 5-6.30am
Second practice: Friday, 9-10.30am
Third practice: Saturday, 7-8am
Qualifying: Saturday, 10-11am
Race: Sunday, 9am-midday
Race venue: Suzuka International Racing Course
Circuit Length: 5.807km
Number of Laps: 53
Watch live: beIN Sports HD
