Live updates: Follow the latest on Israel-Gaza
The demand for tyrants and war criminals to be “sent to The Hague” has become a familiar slogan in the language of world politics – but as the Israel-Gaza war shows, it's not usually that simple.
The International Criminal Court has powers to try world leaders and generals for some of the gravest crimes, such as genocide, torture and wars of aggression. Its founding document says such crimes “must not go unpunished” even if domestic courts are “unwilling or unable” to act.
But its high principles often collide with realities of world politics that came sharply into view on Thursday when Israel's Prime Minister Benjamin Netanyahu visited his ally Hungary, defying an ICC warrant to have him arrested. Hungary duly said it would withdraw from the ICC.
The case against Mr Netanyahu, former Israeli defence minister Yoav Gallant, and three Hamas leaders – all now dead – has sparked a flurry of legal and political arguments along familiar lines. Allies of Israel such as the US argued it was for Israeli courts to hear the claims, while supporters of Palestine disagreed.
There is a perception that the ICC never goes after the West or its allies – so the Netanyahu case is sure to put its standing to the test.
Why does the ICC exist?
Set up in 2002, the ICC is not the same as the much older International Court of Justice, which hears disputes between nations rather than charges against individuals. Both have their seat in The Hague, in the Netherlands.
Before that, war crimes were prosecuted under one-off arrangements such as the Nuremberg trials of Nazi war criminals, which introduced the concept of crimes against humanity. A similar tribunal for the former Yugoslavia found Serb commanders guilty of the 1995 genocide of Bosnian Muslims at Srebrenica.
The Yugoslavia trials fuelled an appetite for a permanent court, leading to the establishment of the ICC.
How does the ICC work?
The ICC has its own prosecutor, currently British lawyer Karim Khan, who brings cases to its attention. They can also be referred by the UN Security Council, but that rarely happens.
It can try cases in four areas – genocide; crimes against humanity, which include mass killings and torture; “grave breaches” of the Geneva Conventions, the laws of war; and the “crime of aggression” against another country.
Not every country is a member – the US, Russia and Israel are notable countries missing. But Mr Netanyahu and Russian President Vladimir Putin have still been hit with arrest warrants due to their alleged actions in Palestine and Ukraine respectively, which are members.
Judges issue arrest warrants if this “appears necessary”, for example to ensure those arrested stand trial. But the ICC has no police force to and relies on countries to make the arrests. As Hungary's case shows, there's no guarantee of that.
If cases do proceed to trial they are heard by three ICC judges, who can order up to 30 years of imprisonment, or a life sentence in “exceptional circumstances”.
Who has been prosecuted at the ICC?
In its 23-year history the ICC has only convicted 11 people. The first was Thomas Lubanga, a Congolese warlord who conscripted child soldiers.
Dozens more have been placed under investigation but have evaded arrest, died or are yet to face trial. Those under arrest warrants include Mr Netanyahu, Mr Putin, Ugandan rebel leader Joseph Kony and Sudan's former president Omar Bashir.
Last month the former president of the Philippines, Rodrigo Duterte, was arrested by police in his home country and transferred to The Hague. He faces charges of mass killings related to his “war on drugs”.
What's happening in the Israel-Gaza ICC case?
Mr Khan announced his request for five Israel-Gaza arrest warrants in May last year. Judges granted the warrants for Mr Netanyahu and Mr Gallant in November, by which time Hamas suspects Yahya Sinwar, Ismail Haniyeh and Mohammed Deif were dead.
The case against the Israeli leadership turns on alleged crimes against humanity committed against civilians in Gaza, including depriving them of food, water, medicine and electricity. Judges in the preliminary round said that aid into Gaza was restricted with “no clear military need”.
Israel furiously opposed the arrest warrants, saying it “does not accept the court's authority”. The US also condemned the ICC for putting the leader of a democracy on a par with a militant group. US President Donald Trump issued sanctions against the court in February.
The ICC does not try suspects in their absence, so no verdict can be reached unless Mr Netanyahu and Mr Gallant are arrested or voluntarily stand trial in The Hague.
Jordan cabinet changes
In
- Raed Mozafar Abu Al Saoud, Minister of Water and Irrigation
- Dr Bassam Samir Al Talhouni, Minister of Justice
- Majd Mohamed Shoueikeh, State Minister of Development of Foundation Performance
- Azmi Mahmud Mohafaza, Minister of Education and Minister of Higher Education and Scientific Research
- Falah Abdalla Al Ammoush, Minister of Public Works and Housing
- Basma Moussa Ishakat, Minister of Social Development
- Dr Ghazi Monawar Al Zein, Minister of Health
- Ibrahim Sobhi Alshahahede, Minister of Agriculture and Minister of Environment
- Dr Mohamed Suleiman Aburamman, Minister of Culture and Minister of Youth
Out
- Dr Adel Issa Al Tawissi, Minister of High Education and Scientific Research
- Hala Noaman “Basiso Lattouf”, Minister of Social Development
- Dr Mahmud Yassin Al Sheyab, Minister of Health
- Yahya Moussa Kasbi, Minister of Public Works and Housing
- Nayef Hamidi Al Fayez, Minister of Environment
- Majd Mohamed Shoueika, Minister of Public Sector Development
- Khalid Moussa Al Huneifat, Minister of Agriculture
- Dr Awad Abu Jarad Al Mushakiba, Minister of Justice
- Mounir Moussa Ouwais, Minister of Water and Agriculture
- Dr Azmi Mahmud Mohafaza, Minister of Education
- Mokarram Mustafa Al Kaysi, Minister of Youth
- Basma Mohamed Al Nousour, Minister of Culture
Six large-scale objects on show
- Concrete wall and windows from the now demolished Robin Hood Gardens housing estate in Poplar
- The 17th Century Agra Colonnade, from the bathhouse of the fort of Agra in India
- A stagecloth for The Ballet Russes that is 10m high – the largest Picasso in the world
- Frank Lloyd Wright’s 1930s Kaufmann Office
- A full-scale Frankfurt Kitchen designed by Margarete Schütte-Lihotzky, which transformed kitchen design in the 20th century
- Torrijos Palace dome
The burning issue
The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.
Read part four: an affection for classic cars lives on
Read part three: the age of the electric vehicle begins
Read part one: how cars came to the UAE
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Zayed Sustainability Prize
How to protect yourself when air quality drops
Install an air filter in your home.
Close your windows and turn on the AC.
Shower or bath after being outside.
Wear a face mask.
Stay indoors when conditions are particularly poor.
If driving, turn your engine off when stationary.
Mohammed bin Zayed Majlis
Mohammed bin Zayed Majlis
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- Premier League-standard football pitch
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- 600-seat auditorium
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Defence review at a glance
• Increase defence spending to 2.5% of GDP by 2027 but given “turbulent times it may be necessary to go faster”
• Prioritise a shift towards working with AI and autonomous systems
• Invest in the resilience of military space systems.
• Number of active reserves should be increased by 20%
• More F-35 fighter jets required in the next decade
• New “hybrid Navy” with AUKUS submarines and autonomous vessels
Zayed Sustainability Prize
MATCH INFO
Newcastle 2-2 Manchester City
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New process leads to panic among jobseekers
As a UAE-based travel agent who processes tourist visas from the Philippines, Jennifer Pacia Gado is fielding a lot of calls from concerned travellers just now. And they are all asking the same question.
“My clients are mostly Filipinos, and they [all want to know] about good conduct certificates,” says the 34-year-old Filipina, who has lived in the UAE for five years.
Ms Gado contacted the Philippines Embassy to get more information on the certificate so she can share it with her clients. She says many are worried about the process and associated costs – which could be as high as Dh500 to obtain and attest a good conduct certificate from the Philippines for jobseekers already living in the UAE.
“They are worried about this because when they arrive here without the NBI [National Bureau of Investigation] clearance, it is a hassle because it takes time,” she says.
“They need to go first to the embassy to apply for the application of the NBI clearance. After that they have go to the police station [in the UAE] for the fingerprints. And then they will apply for the special power of attorney so that someone can finish the process in the Philippines. So it is a long process and more expensive if you are doing it from here.”
2021 World Triathlon Championship Series
May 15: Yokohama, Japan
June 5: Leeds, UK
June 24: Montreal, Canada
July 10: Hamburg, Germany
Aug 17-22: Edmonton, Canada (World Triathlon Championship Final)
Nov 5-6 : Abu Dhabi, UAE
Date TBC: Chengdu, China
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Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants
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Engine: Electric motor generating 54.2kWh (Cooper SE and Aceman SE), 64.6kW (Countryman All4 SE)
Power: 218hp (Cooper and Aceman), 313hp (Countryman)
Torque: 330Nm (Cooper and Aceman), 494Nm (Countryman)
On sale: Now
Price: From Dh158,000 (Cooper), Dh168,000 (Aceman), Dh190,000 (Countryman)
The specs: 2018 Harley-Davidson Fat Boy
Price, base / as tested Dh97,600
Engine 1,745cc Milwaukee-Eight v-twin engine
Transmission Six-speed gearbox
Power 78hp @ 5,250rpm
Torque 145Nm @ 3,000rpm
Fuel economy, combined 5.0L / 100km (estimate)
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Tightening the screw on rogue recruiters
The UAE overhauled the procedure to recruit housemaids and domestic workers with a law in 2017 to protect low-income labour from being exploited.
Only recruitment companies authorised by the government are permitted as part of Tadbeer, a network of labour ministry-regulated centres.
A contract must be drawn up for domestic workers, the wages and job offer clearly stating the nature of work.
The contract stating the wages, work entailed and accommodation must be sent to the employee in their home country before they depart for the UAE.
The contract will be signed by the employer and employee when the domestic worker arrives in the UAE.
Only recruitment agencies registered with the ministry can undertake recruitment and employment applications for domestic workers.
Penalties for illegal recruitment in the UAE include fines of up to Dh100,000 and imprisonment
But agents not authorised by the government sidestep the law by illegally getting women into the country on visit visas.
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Mubalada World Tennis Championship 2018 schedule
Thursday December 27
Men's quarter-finals
Kevin Anderson v Hyeon Chung 4pm
Dominic Thiem v Karen Khachanov 6pm
Women's exhibition
Serena Williams v Venus Williams 8pm
Friday December 28
5th place play-off 3pm
Men's semi-finals
Rafael Nadal v Anderson/Chung 5pm
Novak Djokovic v Thiem/Khachanov 7pm
Saturday December 29
3rd place play-off 5pm
Men's final 7pm
