Israel's Prime Minister Benjamin Netanyahu and Yahya Sinwar of Hamas. AFP
Israel's Prime Minister Benjamin Netanyahu and Yahya Sinwar of Hamas. AFP
Israel's Prime Minister Benjamin Netanyahu and Yahya Sinwar of Hamas. AFP
Israel's Prime Minister Benjamin Netanyahu and Yahya Sinwar of Hamas. AFP


The US is in a bind over the ICC seeking arrest warrants for Israeli and Hamas officials


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May 21, 2024

The application by International Criminal Court Prosecutor Karim Khan for major indictments against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant could constitute a significant step in international jurisdiction over war crimes and crimes against humanity.

But it has also drawn the ire of the Joe Biden administration in Washington, for two reasons. First, the US has always rejected the very concept of the ICC (fearing the potential prosecution of its own military and civilian officials); and second, it exposes significant weaknesses and contradictions in the President’s policies. The Prosecutor’s brief was remarkably well-balanced, fact-based, compelling and impartial.

It laid out clear grounds for the international criminal indictment of both Hamas and Israeli leaders. Yahya Sinwar, Mohammed Deif and Ismail Haniyeh of Hamas would be charged with authoring, organising and overseeing murder and kidnapping against Israeli civilians. Mr Netanyahu and Mr Gallant would be accused of using starvation of civilians as a matter of policy and, therefore, a weapon of war.

US Congressional aides advocating for a ceasefire, at the US Capitol on May 16 in Washington. Getty Images / AFP
US Congressional aides advocating for a ceasefire, at the US Capitol on May 16 in Washington. Getty Images / AFP

All five appear manifestly guilty of these transgressions, and the key point of Mr Khan is that it makes absolutely no moral or legal sense to hold one party accountable for its lawless brutality, but not the other. Through this symmetry, or balance, Mr Khan has revealed precisely the bleeding heart of the tragedy.

Hamas led an attack into southern Israel that involved hunting down, killing and kidnapping innocent civilians in kibbutzim and a nearby music festival. It was a bloodthirsty killing spree. Armed struggle against military occupation does not exempt insurgent groups from the laws of war. Fighting occupation doesn’t allow anyone to murder and kidnap civilians.

Israel responded with what Mr Netanyahu promised on October 7 “a mighty vengeance”. That’s practically the only thing that’s happened. Israel hasn’t achieved any other stated aims, such as eradicating Hamas, freeing hostages or restoring security for its public.

Visitors walk around portraits of people who were taken hostage or killed in the Hamas attack on the Supernova music festival on October 7, at the site of the festival near Kibbutz Reim in southern Israel on May 13. AFP
Visitors walk around portraits of people who were taken hostage or killed in the Hamas attack on the Supernova music festival on October 7, at the site of the festival near Kibbutz Reim in southern Israel on May 13. AFP

Instead, it has killed more than 35,000 Palestinians, most of them women and children, in addition to an untold number still buried under the rubble. Several entities – including South Africa in an application to the International Court of Justice (which has jurisdiction over states, while the ICC has jurisdiction over individuals) – have accused Israel of genocide for this mind-boggling death toll.

Yet genocide charges will take years to adjudicate and hang on a difficult claim to prove, namely intent.

Where Israeli leaders are most vulnerable is the systematic denial of food, water, medicine and other essentials to the Palestinian population, which it has driven from one part of the Gaza Strip to another, willy-nilly, as its military has rampaged through the territory often shooting anything that moves, including escaping Israeli hostages, journalists and humanitarian aid workers. Israel’s de facto blockade has strangled Gaza, creating a man-made famine in the north, and a dire situation everywhere.

The ICC's application has drawn the ire of US President Joe Biden. AFP
The ICC's application has drawn the ire of US President Joe Biden. AFP

The biggest problem for Mr Biden is the manifest truth of the accusation. He dismisses it at his peril, especially because he implicitly made the same point about Israel using food as a weapon of war during his own State of the Union address in January. His professed outrage is both a reflection of traditional, yet indefensible, US policies and entirely political.

The problem for Mr Biden is not just that he knows about the horrendous impact of Israel’s blockade. It is also that his own government has documented it and has, therefore, built a maritime port to try to get aid to the Palestinians despite Israel’s vicious recalcitrance. The killing of the World Central Kitchen’s aid workers was almost certainly another manifestation of Israel’s use of starvation as a weapon of war, and a clear message not to interfere with that too brazenly.

The Biden administration is further aware that every time Israel negotiates indirectly with Hamas, the question of humanitarian aid – including food and medicine – is on the table. Indeed, humanitarian supplies to Palestinian civilians are a counterpart to the issue of Israeli hostages held in Gaza, in the negotiations between belligerents. Yet Mr Biden cannot acknowledge this without breaking long-standing American traditions of opposing any ICC charges against allies, taking a huge political risk, and betraying his own sentimental pro-Israel instincts.

Yet genocide charges will take years to adjudicate and hang on a difficult claim to prove, namely intent

It’s much easier just to denounce the whole thing. At the same time, his administration doesn’t seem to have any objection to potential charges against equally manifestly guilty Hamas leaders. That suggests the ICC can reasonably assert jurisdiction over some belligerents but not others.

Worse, the proposed ICC action is based on the fact that all of this has occurred in, or coming out of, “the state of Palestine”, in its capacity as a non-member observer state in the UN General Assembly. Israel, like the US, isn’t a party to the ICC, but the state of Palestine is, and that should certainly give the court jurisdiction over everything that has happened in Gaza and coming out of it.

The greatest complication is that the Biden administration has based its Middle East foreign policy strategy and vision on securing Israeli acquiescence to the right of Palestinians to a state (which Israel has never formally acknowledged), and on Israeli agreement to enter into a process to eventually establish and recognise that state. Insisting that Israelis cannot be held responsible for what they do in the nascent Palestinian state effectively negates the principle of the two-state solution, even if that state now operates mainly as a prototype in multilateral institutions.

Holding Hamas leaders accountable for their brutality is just fine, apparently, but Palestinians must wait until they get their state from Israel before they can be protected from Israeli war crimes in areas that would undoubtedly become a key part of that indispensable and necessary state? That’s the preposterous moral and legal position implicit in the Biden administration’s harsh derision of Mr Khan’s arrest warrant request.

That’s too convoluted, contradictory and contorted a position to hold up in anything but empty campaign rhetoric and as miserable humbug. It won’t do, because it only adds to the humiliation and degradation already inflicted by excessive support for Israel’s intentional yet apparently aimless rampage of vengeance in Gaza upon Washington’s international standing and strategic position globally, and especially in the Middle East.

It’s a moral low point in an already sorry American saga.

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Pieces of Her

Stars: Toni Collette, Bella Heathcote, David Wenham, Omari Hardwick   

Director: Minkie Spiro

Rating:2/5

The Al Barzakh Festival takes place on Wednesday and Thursday at 7.30pm in the Red Theatre, NYUAD, Saadiyat Island. Tickets cost Dh105 for adults from platinumlist.net

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Ferrari 12Cilindri specs

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War and the virus
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Dr Afridi's warning signs of digital addiction

Spending an excessive amount of time on the phone.

Neglecting personal, social, or academic responsibilities.

Losing interest in other activities or hobbies that were once enjoyed.

Having withdrawal symptoms like feeling anxious, restless, or upset when the technology is not available.

Experiencing sleep disturbances or changes in sleep patterns.

What are the guidelines?

Under 18 months: Avoid screen time altogether, except for video chatting with family.

Aged 18-24 months: If screens are introduced, it should be high-quality content watched with a caregiver to help the child understand what they are seeing.

Aged 2-5 years: Limit to one-hour per day of high-quality programming, with co-viewing whenever possible.

Aged 6-12 years: Set consistent limits on screen time to ensure it does not interfere with sleep, physical activity, or social interactions.

Teenagers: Encourage a balanced approach – screens should not replace sleep, exercise, or face-to-face socialisation.

Source: American Paediatric Association
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Forwards Abraham, Barnes, Calvert-Lewin, Grealish, Ings, Kane, Rashford, Sancho, Sterling.

While you're here
Conflict, drought, famine

Estimates of the number of deaths caused by the famine range from 400,000 to 1 million, according to a document prepared for the UK House of Lords in 2024.
It has been claimed that the policies of the Ethiopian government, which took control after deposing Emperor Haile Selassie in a military-led revolution in 1974, contributed to the scale of the famine.
Dr Miriam Bradley, senior lecturer in humanitarian studies at the University of Manchester, has argued that, by the early 1980s, “several government policies combined to cause, rather than prevent, a famine which lasted from 1983 to 1985. Mengistu’s government imposed Stalinist-model agricultural policies involving forced collectivisation and villagisation [relocation of communities into planned villages].
The West became aware of the catastrophe through a series of BBC News reports by journalist Michael Buerk in October 1984 describing a “biblical famine” and containing graphic images of thousands of people, including children, facing starvation.

Band Aid

Bob Geldof, singer with the Irish rock group The Boomtown Rats, formed Band Aid in response to the horrific images shown in the news broadcasts.
With Midge Ure of the band Ultravox, he wrote the hit charity single Do They Know it’s Christmas in December 1984, featuring a string of high-profile musicians.
Following the single’s success, the idea to stage a rock concert evolved.
Live Aid was a series of simultaneous concerts that took place at Wembley Stadium in London, John F Kennedy Stadium in Philadelphia, the US, and at various other venues across the world.
The combined event was broadcast to an estimated worldwide audience of 1.5 billion.

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ONCE UPON A TIME IN GAZA

Starring: Nader Abd Alhay, Majd Eid, Ramzi Maqdisi

Directors: Tarzan and Arab Nasser

Rating: 4.5/5

'Top Gun: Maverick'

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Directed by: Joseph Kosinski

 

Starring: Tom Cruise, Val Kilmer, Jennifer Connelly, Jon Hamm, Miles Teller, Glen Powell, Ed Harris

 
The specs: 2018 Opel Mokka X

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Engine: 1.4L, four-cylinder turbo

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The biog

Fatima Al Darmaki is an Emirati widow with three children

She has received 46 certificates of appreciation and excellence throughout her career

She won the 'ideal mother' category at the Minister of Interior Awards for Excellence

Her favourite food is Harees, a slow-cooked porridge-like dish made from boiled wheat berries mixed with chicken

UAE currency: the story behind the money in your pockets
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EMERGENCY PHONE NUMBERS

Estijaba – 8001717 –  number to call to request coronavirus testing

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Knowledge and Human Development Authority – 8005432 ext. 4 for Covid-19 queries

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Name: Hassan Mohsen Elhais

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Benefits of first-time home buyers' scheme
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Traits of Chinese zodiac animals

Tiger:independent, successful, volatile
Rat:witty, creative, charming
Ox:diligent, perseverent, conservative
Rabbit:gracious, considerate, sensitive
Dragon:prosperous, brave, rash
Snake:calm, thoughtful, stubborn
Horse:faithful, energetic, carefree
Sheep:easy-going, peacemaker, curious
Monkey:family-orientated, clever, playful
Rooster:honest, confident, pompous
Dog:loyal, kind, perfectionist
Boar:loving, tolerant, indulgent   

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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

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On sale: now

Long read

Mageed Yahia, director of WFP in UAE: Coronavirus knows no borders, and neither should the response

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Tonight’s Chat host Ricardo Karam is a renowned author and broadcaster with a decades-long career in TV. He has previously interviewed Bill Gates, Carlos Ghosn, Andre Agassi and the late Zaha Hadid, among others. Karam is also the founder of Takreem.

Intellectually curious and thought-provoking, Tonight’s Chat moves the conversation forward.

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UAE currency: the story behind the money in your pockets
While you're here
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500 People from Gaza enter France

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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

 

The five pillars of Islam

1. Fasting

2. Prayer

3. Hajj

4. Shahada

5. Zakat 

The five pillars of Islam
Labour dispute

The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.


- Abdullah Ishnaneh, Partner, BSA Law 

Example heady

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Updated: May 21, 2024, 3:19 PM`