Israel's Shimon Peres signs the Oslo Accords in 1993, watched by US president Bill Clinton and Palestinian leader Yasser Arafat. AFP
Israel's Shimon Peres signs the Oslo Accords in 1993, watched by US president Bill Clinton and Palestinian leader Yasser Arafat. AFP
Israel's Shimon Peres signs the Oslo Accords in 1993, watched by US president Bill Clinton and Palestinian leader Yasser Arafat. AFP
Israel's Shimon Peres signs the Oslo Accords in 1993, watched by US president Bill Clinton and Palestinian leader Yasser Arafat. AFP

Norway: Oslo Accords are no bar to Gaza war crimes trial


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Norway has said a Middle East peace deal it brokered in 1993 is no barrier to a Gaza war crimes trial, as pro-Israeli lawyers try to use it to derail the case.

The Oslo Accords are "not relevant" to whether the International Criminal Court can hear a case against Israeli and Hamas leaders, lawyers for Norway told the court.

Judges will hear a counter-argument that the accords give Israel "sole criminal jurisdiction" over its citizens in Palestine.

More than 60 states and lobbyists are presenting a legal view to the court as it considers arrest warrants sought by prosecutor Karim Khan.

Norway's 10-page submission telling the court it "should exercise its jurisdiction over Palestine" is the first by a country to be made public.

It comes as a senior US senator told The National that claims of war crimes should be left to Israel's judiciary, amid a backlash from Washington against the ICC.

"We have a democratic country, [we should] allow their system to move first," said Democrat Ben Cardin, chairman of the Senate's foreign relations committee.

The 10-month conflict in Gaza has led to allegations of war crimes against Israel and Hamas leaders. AFP
The 10-month conflict in Gaza has led to allegations of war crimes against Israel and Hamas leaders. AFP

Mr Khan accuses Israel's Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant of using starvation as a means of war in Gaza.

He also sought arrest warrants against three Hamas commanders – two of whom have since died – over the October 7 attack on Israel.

While Israel is not an ICC member, Mr Khan's argument is that the case against Israeli leaders is about the situation in Palestine, which is a member.

Oslo argument

A key argument from the pro-Israel camp is that if Palestinians cannot prosecute Israelis under the Oslo Accords, the ICC cannot do so in their name.

Signed in 1993 after secret talks in Norway, the agreement was meant to be the first step in a peace process that ultimately lost its way.

A 1995 deal known as Oslo II paved the way for Palestinian self-government but Israel retained "sole criminal jurisdiction" over its citizens.

However, Norway says nothing in the ICC's founding text (the Rome Statute) suggests that "agreements such as the Oslo Accords are of any relevance".

"Since Palestine has acceded to the Rome Statute, the Court should exercise its jurisdiction over Palestine according to the Statute," it says.

Israeli Prime Minister Benjamin Netanyahu is accused by the ICC chief prosecutor of using starvation as a military tactic in Gaza. EPA
Israeli Prime Minister Benjamin Netanyahu is accused by the ICC chief prosecutor of using starvation as a military tactic in Gaza. EPA

Norway's argument, signed by legal director Monica Furnes, says even if the accords are relevant, they "cannot be interpreted" as ruling out the ICC.

The accords "were meant to be temporary" and Palestinian officials did not agree to permanently waive their rights, it says.

"Any restrictions on the exercise of aspects of its jurisdiction are no more than that: an undertaking, within the context of the Oslo Accords, not to exercise aspects of its jurisdiction vis-a-vis Israel.

"But none of those sovereign rights have thereby been abandoned by Palestine; they can therefore be conferred by Palestine on the Court."

Norway is one of several European countries, along with Ireland, Spain and Slovenia, which have recently recognised Palestinian statehood.

ICC prosecutor Karim Khan sought arrest warrants against two Israeli and three Hamas leaders in May. Reuters
ICC prosecutor Karim Khan sought arrest warrants against two Israeli and three Hamas leaders in May. Reuters

US debate

Submissions from the US and Germany, who are expected to take a pro-Israeli position, have yet to be made public.

Republican US senator Lindsey Graham is submitting his own pro-Israeli views, amid a split in Congress over how strongly to push back against the ICC.

“I want to read [Mr Graham’s] brief but I would think that I will be in agreement with what he's trying to do,” Mr Cardin said.

He said that "Israel's not a member of the ICC, so I agree with the content".

In May, US Secretary of State Antony Blinken told Mr Graham at a committee hearing that he would “welcome working with” the senator on developing sanctions against the ICC. “I want to take actions, not just [use] words,” Mr Graham told Mr Blinken.

US Senator Ben Cardin, centre, applauds during an address by Benjamin Netanyahu, right, to Congress last month. Bloomberg
US Senator Ben Cardin, centre, applauds during an address by Benjamin Netanyahu, right, to Congress last month. Bloomberg

Jim Risch, the top-ranking Republican on the committee, says he is holding up diplomatic appointments over Mr Cardin's refusal to bring proposed sanctions on the ICC before the Senate.

Mr Cardin denied the ICC was the source of the dispute. He said the characterisation was "just not accurate" and appeared frustrated with the hold-up on vacant ambassador's posts. Celeste Kmiotek, a lawyer for the Strategic Litigation Project at the Atlantic Council, told The National that US sanctions on the ICC "would send the message that powerful states can work to block geopolitically unfavourable investigations”.

“If the US efforts ultimately prevent arrest warrants, it will not only exacerbate the hurdles the ICC already faces in terms of resources and jurisdictional limitations that prevent it from holding certain states accountable, but will also lend additional credence to the claims of double standards,” she said.

Israel's offensive in Gaza is also being studied over genocide claims by the International Court of Justice, a separate body to the ICC.

Pro-Palestinian lawyers cite a recent ICJ ruling that declared Israel's occupation illegal as another sign the Oslo Accords can be trumped by the laws of war.

An argument advanced by other lawyers is that the accords are moot since Israel has effectively turned its back on them.

GOLF’S RAHMBO

- 5 wins in 22 months as pro
- Three wins in past 10 starts
- 45 pro starts worldwide: 5 wins, 17 top 5s
- Ranked 551th in world on debut, now No 4 (was No 2 earlier this year)
- 5th player in last 30 years to win 3 European Tour and 2 PGA Tour titles before age 24 (Woods, Garcia, McIlroy, Spieth)

Benefits of first-time home buyers' scheme
  • Priority access to new homes from participating developers
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UAE currency: the story behind the money in your pockets
COMPANY%20PROFILE
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The 15 players selected

Muzzamil Afridi, Rahman Gul, Rizwan Haider (Dezo Devils); Shahbaz Ahmed, Suneth Sampath (Glory Gladiators); Waqas Gohar, Jamshaid Butt, Shadab Ahamed (Ganga Fighters); Ali Abid, Ayaz Butt, Ghulam Farid, JD Mahesh Kumara (Hiranni Heros); Inam Faried, Mausif Khan, Ashok Kumar (Texas Titans

Safety 'top priority' for rival hyperloop company

The chief operating officer of Hyperloop Transportation Technologies, Andres de Leon, said his company's hyperloop technology is “ready” and safe.

He said the company prioritised safety throughout its development and, last year, Munich Re, one of the world's largest reinsurance companies, announced it was ready to insure their technology.

“Our levitation, propulsion, and vacuum technology have all been developed [...] over several decades and have been deployed and tested at full scale,” he said in a statement to The National.

“Only once the system has been certified and approved will it move people,” he said.

HyperloopTT has begun designing and engineering processes for its Abu Dhabi projects and hopes to break ground soon. 

With no delivery date yet announced, Mr de Leon said timelines had to be considered carefully, as government approval, permits, and regulations could create necessary delays.

Know before you go
  • Jebel Akhdar is a two-hour drive from Muscat airport or a six-hour drive from Dubai. It’s impossible to visit by car unless you have a 4x4. Phone ahead to the hotel to arrange a transfer.
  • If you’re driving, make sure your insurance covers Oman.
  • By air: Budget airlines Air Arabia, Flydubai and SalamAir offer direct routes to Muscat from the UAE.
  • Tourists from the Emirates (UAE nationals not included) must apply for an Omani visa online before arrival at evisa.rop.gov.om. The process typically takes several days.
  • Flash floods are probable due to the terrain and a lack of drainage. Always check the weather before venturing into any canyons or other remote areas and identify a plan of escape that includes high ground, shelter and parking where your car won’t be overtaken by sudden downpours.

 

Pad Man

Dir: R Balki

Starring: Akshay Kumar, Sonam Kapoor, Radhika Apte

Three-and-a-half stars

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SPAIN SQUAD

Goalkeepers Simon (Athletic Bilbao), De Gea (Manchester United), Sanchez (Brighton)

Defenders Gaya (Valencia), Alba (Barcelona), P Torres (Villarreal), Laporte (Manchester City), Garcia (Manchester City), D Llorente (Leeds), Azpilicueta (Chelsea)

Midfielders Busquets (Barcelona), Rodri (Manchester City), Pedri (Barcelona), Thiago (Liverpool), Koke (Atletico Madrid), Ruiz (Napoli), M Llorente (Atletico Madrid)

Forwards: Olmo (RB Leipzig), Oyarzabal (Real Sociedad), Morata (Juventus), Moreno (Villarreal), F Torres (Manchester City), Traore (Wolves), Sarabia (PSG)

Updated: August 06, 2024, 4:26 PM`