Live updates: Follow the latest on Israel-Gaza
The prosecutor seeking arrest warrants for Israeli and Hamas leaders will have a plethora of legal arguments thrown at him next week by lawyers trying to derail the Gaza war crimes case, The National has been told.
Lawyers say the International Criminal Court may have “opened Pandora’s box” by allowing more than 60 states, campaign groups and lobbyists to weigh in on the highly charged case.
Pro-Israeli lawyers will try to shield Prime Minister Benjamin Netanyahu by telling judges they cannot try him under the court’s rules or the terms of a 1990s peace deal, people working on the case said.
Fearing delaying tactics, the pro-Palestine camp is urging the court to push ahead with the case against Mr Netanyahu, and have referred to a recent verdict in The Hague that declared Israel’s occupation to be illegal.
Prosecutor Karim Khan also sought warrants against Israeli Defence Minister Yoav Gallant and three Hamas leaders, two of whom – Ismail Haniyeh and Mohammed Deif – have since been killed.
Mr Khan has accused Israel of using starvation as a method of war, Hamas of abusing hostages and both sides of attacking and killing civilians.
Judges have set an August 6 deadline for countries, including the US and South Africa, and groups such as the Arab League, to offer their amicus curiae (friend of the court) submissions.
Although the process is shrouded in secrecy, The National has pieced together the main arguments from conversations with lawyers and publicly available documents.
· A key dispute is whether citizens of Israel, which is not a member of the ICC, can stand trial for their actions in Palestine, which is a member.
· Pro-Israeli lawyers will refer to the 1995 Oslo II peace accords that give Israel "sole criminal jurisdiction" over its citizens.
· But the court will hear that Oslo II is superseded by the laws of war and that Israel has discarded it.
· A second argument is that the ICC should not overstep its role when Israeli courts can investigate war crimes.
· Lawyers may also dispute the allegations against Israeli leaders, which turn on the alleged use of starvation as a method of war.
Delay fears
The legal push began when the UK was told it could intervene on Israel’s side. Although Britain’s new government later backed out of the case, the U-turn came too late to stop dozens more amicus letters going in.
“It was a mistake for the prosecutor’s court to open this Pandora’s box. The court has refused this in the past,” said William Schabas, a Canadian rights professor who is one of those set to submit a brief.
Those trying to block the arrest warrants “are not friends of the court. They’re busy bodies", he said, in comments that will be reflected in his submission.
A group of Palestinian lawyers said the initial UK gambit was merely “a cause for a delay”, when the ICC already decided in 2021 that it could handle the situation in Palestine.
“The friendly observations from a state party did not come in good faith, they were made with the intention of delaying the trial,” said Shawan Al Jabarin, director of Al Haq, a rights group in Ramallah.
Judges have not limited the scope of amicus briefs and supporters of the arrest warrants have been left second-guessing what the challenges to Mr Khan’s request will be.
“There could be all manner of arguments, the sky is the limit. Expect the kitchen sink,” said one lawyer involved in several submissions.
The lawyer said the UK could have “gone some way further to take responsibility for this mess” by changing its brief to one supporting the warrants.
Oslo dispute
A key argument is that, under the Oslo II agreement, Palestinians were not given the right to prosecute Israelis, and therefore the ICC cannot do so in their name.
The 1995 accords make or break the case because they are the "sole origin" of the Palestinian Authority's power, the European Centre for Law and Justice said in its submission.
Pro-Palestinian lawyers will try to play down the significance of the accords.
The agreement was an interim one that Israel "never regarded as binding and has since repudiated", genocide lawyer John Quigley said.
Last month's scathing opinion on Israel by the International Court of Justice, which is separate to the ICC, is also being referenced by lawyers.
The Oslo Accords "cannot be understood to detract from Israel’s obligations under the pertinent rules of international law", the ICJ ruling said.
“It’s not a serious objection,” Prof Schabas said. “We are clearly dealing with an old agreement that has never been enforced and applied, and which Israel itself repudiates because the leaders of Israel do not recognise a Palestinian state."
Court rules
The US and Germany are expected to argue that the ICC should take a step back and let any war crimes investigations play out in Israeli courts.
The ICC's founding document says the court should not step in unless a state is "unwilling or unable genuinely to carry out" a prosecution, a principle known as complementarity.
But pro-Palestinian lawyers doubt Israel's insistence that its "robust and independent legal system" will pursue war crimes claims against its leaders.
Pro-Israeli lawyers have also sought to challenge the allegations at the root of Mr Khan's investigation into Mr Netanyahu and Mr Gallant. UK Lawyers for Israel, another group submitting a brief, denies there is a famine in Gaza and says the ICC prosecutor "relied on implausible reports".
States intervening
The states involved have not disclosed their legal arguments, but many of their positions are well known.
The Czech Republic opposed an ICC investigation on the grounds that it did not consider Palestine a state. Hungarian officials claim the court is being used as a "political tool" and say they will not execute an arrest warrant.
Chile and Mexico, who are submitting together, and Brazil have all backed South Africa’s genocide case against Israel at the ICJ. Spain, Norway and Ireland jointly recognised Palestinian statehood this year.
Several countries, including the US and Germany, condemned the "equivalence" between Israel and Hamas implied by Mr Khan's request.
Despite the sensitive politics, former ICJ lawyer Stefan Talmon said he was optimistic the process would strengthen the ICC in the long term.
For years the court has been plagued with accusations that it ignores the alleged war crimes of western leaders, becoming a “court for Africa or Asia”, he said. It means the pressure to succeed now is high.
“That’s why the court is taking great pains to follow procedures as closely as possible so that nobody later says they didn’t get a choice or have their voice heard,” Prof Talmon said.
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
UAE currency: the story behind the money in your pockets
2025 Fifa Club World Cup groups
Group A: Palmeiras, Porto, Al Ahly, Inter Miami.
Group B: Paris Saint-Germain, Atletico Madrid, Botafogo, Seattle.
Group C: Bayern Munich, Auckland City, Boca Juniors, Benfica.
Group D: Flamengo, ES Tunis, Chelsea, Leon.
Group E: River Plate, Urawa, Monterrey, Inter Milan.
Group F: Fluminense, Borussia Dortmund, Ulsan, Mamelodi Sundowns.
Group G: Manchester City, Wydad, Al Ain, Juventus.
Group H: Real Madrid, Al Hilal, Pachuca, Salzburg.
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Results
2.15pm: Handicap Dh80,000 1,950m
Winner: Hello, Tadhg O’Shea (jockey), Ali Rashid Al Raihi (trainer).
2.45pm: Handicap Dh90,000 1,800m
Winner: Right Flank, Pat Dobbs, Doug Watson.
3.15pm: Handicap Dh115,000 1,000m
Winner: Leading Spirit, Richard Mullen, Satish Seemar.
3.45pm: Jebel Ali Mile Group 3 Dh575,000 1,600m
Winner: Chiefdom, Royston Ffrench, Salem bin Ghadayer.
4.15pm: Handicap Dh105,000 1,400m
Winner: Ode To Autumn, Patrick Cosgrave, Satish Seemar.
4.45pm: Shadwell Farm Conditions Dh125,000 1,200m
Winner: Last Surprise, James Doyle, Simon Crisford.
5.15pm: Handicap Dh85,000 1,200m
Winner: Daltrey, Sandro Paiva, Ali Rashid Al Raihi.
HAJJAN
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Global state-owned investor ranking by size
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China
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UAE
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Canada
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The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
Three trading apps to try
Sharad Nair recommends three investment apps for UAE residents:
- For beginners or people who want to start investing with limited capital, Mr Nair suggests eToro. “The low fees and low minimum balance requirements make the platform more accessible,” he says. “The user interface is straightforward to understand and operate, while its social element may help ease beginners into the idea of investing money by looking to a virtual community.”
- If you’re an experienced investor, and have $10,000 or more to invest, consider Saxo Bank. “Saxo Bank offers a more comprehensive trading platform with advanced features and insight for more experienced users. It offers a more personalised approach to opening and operating an account on their platform,” he says.
- Finally, StashAway could work for those who want a hands-off approach to their investing. “It removes one of the biggest challenges for novice traders: picking the securities in their portfolio,” Mr Nair says. “A goal-based approach or view towards investing can help motivate residents who may usually shy away from investment platforms.”
OTHER IPL BOWLING RECORDS
Best bowling figures: 6-14 – Sohail Tanvir (for Rajasthan Royals against Chennai Super Kings in 2008)
Best average: 16.36 – Andrew Tye
Best economy rate: 6.53 – Sunil Narine
Best strike-rate: 12.83 – Andrew Tye
Best strike-rate in an innings: 1.50 – Suresh Raina (for Chennai Super Kings against Rajasthan Royals in 2011)
Most runs conceded in an innings: 70 – Basil Thampi (for Sunrisers Hyderabad against Royal Challengers Bangalore in 2018)
Most hat-tricks: 3 – Amit Mishra
Most dot-balls: 1,128 – Harbhajan Singh
Most maiden overs bowled: 14 – Praveen Kumar
Most four-wicket hauls: 6 – Sunil Narine
The specs
Engine: 2.9-litre twin-turbo V6
Power: 540hp at 6,500rpm
Torque: 600Nm at 2,500rpm
Transmission: Eight-speed auto
Kerb weight: 1580kg
Price: From Dh750k
On sale: via special order
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Sholto Byrnes on Myanmar politics
TEACHERS' PAY - WHAT YOU NEED TO KNOW
Pay varies significantly depending on the school, its rating and the curriculum. Here's a rough guide as of January 2021:
- top end schools tend to pay Dh16,000-17,000 a month - plus a monthly housing allowance of up to Dh6,000. These tend to be British curriculum schools rated 'outstanding' or 'very good', followed by American schools
- average salary across curriculums and skill levels is about Dh10,000, recruiters say
- it is becoming more common for schools to provide accommodation, sometimes in an apartment block with other teachers, rather than hand teachers a cash housing allowance
- some strong performing schools have cut back on salaries since the pandemic began, sometimes offering Dh16,000 including the housing allowance, which reflects the slump in rental costs, and sheer demand for jobs
- maths and science teachers are most in demand and some schools will pay up to Dh3,000 more than other teachers in recognition of their technical skills
- at the other end of the market, teachers in some Indian schools, where fees are lower and competition among applicants is intense, can be paid as low as Dh3,000 per month
- in Indian schools, it has also become common for teachers to share residential accommodation, living in a block with colleagues
South Africa v India schedule
Tests: 1st Test Jan 5-9, Cape Town; 2nd Test Jan 13-17, Centurion; 3rd Test Jan 24-28, Johannesburg
ODIs: 1st ODI Feb 1, Durban; 2nd ODI Feb 4, Centurion; 3rd ODI Feb 7, Cape Town; 4th ODI Feb 10, Johannesburg; 5th ODI Feb 13, Port Elizabeth; 6th ODI Feb 16, Centurion
T20Is: 1st T20I Feb 18, Johannesburg; 2nd T20I Feb 21, Centurion; 3rd T20I Feb 24, Cape Town
Courses%20at%20Istituto%20Marangoni%2C%20Dubai
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What are the GCSE grade equivalents?
- Grade 9 = above an A*
- Grade 8 = between grades A* and A
- Grade 7 = grade A
- Grade 6 = just above a grade B
- Grade 5 = between grades B and C
- Grade 4 = grade C
- Grade 3 = between grades D and E
- Grade 2 = between grades E and F
- Grade 1 = between grades F and G
Tearful appearance
Chancellor Rachel Reeves set markets on edge as she appeared visibly distraught in parliament on Wednesday.
Legislative setbacks for the government have blown a new hole in the budgetary calculations at a time when the deficit is stubbornly large and the economy is struggling to grow.
She appeared with Keir Starmer on Thursday and the pair embraced, but he had failed to give her his backing as she cried a day earlier.
A spokesman said her upset demeanour was due to a personal matter.
BIGGEST CYBER SECURITY INCIDENTS IN RECENT TIMES
SolarWinds supply chain attack: Came to light in December 2020 but had taken root for several months, compromising major tech companies, governments and its entities
Microsoft Exchange server exploitation: March 2021; attackers used a vulnerability to steal emails
Kaseya attack: July 2021; ransomware hit perpetrated REvil, resulting in severe downtime for more than 1,000 companies
Log4j breach: December 2021; attackers exploited the Java-written code to inflitrate businesses and governments
About Proto21
Date started: May 2018
Founder: Pir Arkam
Based: Dubai
Sector: Additive manufacturing (aka, 3D printing)
Staff: 18
Funding: Invested, supported and partnered by Joseph Group
Cinco in numbers
Dh3.7 million
The estimated cost of Victoria Swarovski’s gem-encrusted Michael Cinco wedding gown
46
The number, in kilograms, that Swarovski’s wedding gown weighed.
1,000
The hours it took to create Cinco’s vermillion petal gown, as seen in his atelier [note, is the one he’s playing with in the corner of a room]
50
How many looks Cinco has created in a new collection to celebrate Ballet Philippines’ 50th birthday
3,000
The hours needed to create the butterfly gown worn by Aishwarya Rai to the 2018 Cannes Film Festival.
1.1 million
The number of followers that Michael Cinco’s Instagram account has garnered.
