London // No Israeli soldier or politician will ever appear in court charged with war crimes committed during the Gaza offensive, international law experts predicted yesterday.
Although lawyers are trying to unravel a tangled web of international law, many believe that the eventual outcome will be either that the laws will prove not to be applicable to the Israeli and Palestinian combatants or that it would be impossible to apply them.
The International Criminal Court (ICC) in The Hague, constituted seven years ago as the main forum for investigating and prosecuting war criminals, is attempting to determine if it has the powers to embark on such an investigation over the Gaza war.
Its first problem is to decide if Palestine is de facto a state, even if not an internationally recognised one. The ICC can only investigate war crimes committed within or by a state.
Problem two is that, because Israel (along with the United States, Russia and China) has not ratified the treaty setting up the ICC, the court could only act against Israel with the blessing of the UN. And that would mean a vote in the Security Council - something the United States would seem bound to veto.
The ICC has received more than 200 complaints from human rights organisations and individuals alleging war crimes committed by the Israeli defence force during the 22-day offensive.
Ban Ki-moon, the UN secretary general, has accused Israel of using "excessive force" while Navi Pellay, the UN human rights commissioner, has demanded an independent investigation into whether or not war crimes had been committed.
"Despite the high death toll among Palestinian civilians and despite the testimonies of apparently disinterested parties who witnessed assaults on UN compounds, schools and so on, it is extremely unlikely that the ICC has jurisdiction," said an expert in international law, who spoke on condition of anonymity because of the sensitivity of her position, in London yesterday.
"Even if the ICC did decide it had jurisdiction, Israel could even pre-empt any action by establishing an independent war crimes commission of its own.
"There are other avenues that can be pursued, particularly as many European nations have their own laws which enable individuals to be prosecuted. That, though, could be circumvented by the simple act of individuals never visiting the countries where there is a warrant out for them. Inconvenient? Yes ? but scarcely the stuff of justice."
The central issue of any war crimes offence is not simply whether or not civilians are killed. Rather, it rests on a civilian population being deliberately targeted and on the issue of whether or not a military response is deemed proportionate, something enormously hard to judge.
An additional complication is that it is not clear that the International Humanitarian Law, first set out in the 1949 Geneva Conventions, is even applicable to the Gaza conflict.
"The whole basis of the law assumes a symmetrical conflict: basically, one state doing battle with another state," said the international law expert. "That certainly wasn't the case in Gaza, where you had a nation's armed forces on one side, and what amounts to urban guerrillas on the other.
"That then raises the question of what is proportionate when the person fighting you one minute is going back to his job as a bricklayer the next."
Under the international legal conventions, the Hamas tactic of hiding among the civilian population and using human shields is outlawed. Also, the firing of rockets aimed at civilian populations is clearly regarded as a war crime.
Then there is the question of the status of Gaza itself. Although the Palestinian Authority is now claiming jurisdiction in a bid to get ICC involvement, it has hitherto maintained that Gaza was actually an occupied territory because Israel controlled its borders.
All of which has left lawyers scratching their heads over the next move. "What international laws apply to this conflict? The answer is none," maintained Daniel Reisner, a former head of the Israeli military's international law department. "If you think international law has anything to say about this situation, you are wrong."
Ehud Olmert, the outgoing Israeli prime minister, has vowed that his soldiers need not fear prosecution. "The commanders and soldiers who were sent on the task in Gaza should know that they are safe from any tribunal and that the state of Israel will protect them as they protected us with their bodies during the military operation in Gaza," he said last week.
The Institute for Policy Studies (IPS) in Washington accepts that "despite widespread accusations of war crimes by Israel, there is growing scepticism of any Israeli leader being brought before an international tribunal".
Phyllis Bennis, the director of the IPS's New Internationalism Project, said that although the calls for an independent war crimes investigation are "unprecedented", no Israeli individuals are ever likely to come to court.
"Individual accountability for war crimes or crimes against humanity is always difficult," she said. "For officials of a government with such close ties to, and such a strong history of impunity guarantees from the most powerful country in the world, it is even more difficult."
Accepting that the bid by the ICC will probably come to nothing, Ms Bennis argued that there are hopes that Israel could be held accountable for alleged war crimes in Gaza, which, she points out, are very similar to allegations of war crimes made against Israel in previous conflicts, making the state "a serial offender".
"The General Assembly could impanel its own investigative tribunal to convene legal, military and human rights experts to investigate the entire range of war crimes allegations made against both sides during the Gaza war," she said.
"The General Assembly could also request that the International Court of Justice (ICJ) issue an advisory opinion on what actions should be taken against a government, or individuals, who are such serial offenders against war crimes statutes."
Involvement of the ICJ, which is also based in The Hague, is the best way that international law can play a useful role after the Gaza conflict, according to Richard Bennet and Nicholas Quinn, both master's graduates of war studies at King's College, London.
"The elder statesman of Hague courts, the ICJ can be mandated to issue advisory opinions on matters of international law," they say in a paper published last week.
"Once referred by the General Assembly or the Security Council, an authoritative legal opinion could dispel the hyperbolic accusations surrounding IDF [Israeli defence forces] conduct while identifying those in most need of redress.
"Submitting to an ICJ opinion would carry no binding legal consequences for either side and, by accepting such a course of action, Israel could pre-empt attempts in other countries to assert universal jurisdiction over its officials."
Reluctantly, even the organisations that have lodged formal complaints of war crimes against Israel accept that cases against individuals are unlikely to come to court.
They do, however, want some form of independent, international investigation so that both sides will be held publicly accountable for their misdeeds.
"As long as there is no mechanism that can enforce accountability, this cycle will just continue again and again," said Donatella Rovera, the chief researcher at Amnesty International.
Accountability, however, is not on the minds of many Israelis who are demanding tougher measures by politicians to protect their soldiers and leaders from any sort of war crimes investigation.
"The Knesset must immediately legislate a far-reaching law prohibiting any agency, court or citizen from co-operating or passing information to any war crimes tribunal," Nitsana Darshan-Leitner, the director of Shurat HaDin-Israel Law Centre in Tel Aviv, told the Jerusalem Post.
"It should block access to foreign investigators, including UN special rapporteurs. The government should be empowered to utilise all necessary force to resist any effort to arrest IDF officers accused of war crimes anywhere in the world."
The Shurat HaDin-Israel Law Centre describes itself as a human rights organisation.
dsapsted@thenational.ae
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
Real estate tokenisation project
Dubai launched the pilot phase of its real estate tokenisation project last month.
The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.
Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.
Skewed figures
In the village of Mevagissey in southwest England the housing stock has doubled in the last century while the number of residents is half the historic high. The village's Neighbourhood Development Plan states that 26% of homes are holiday retreats. Prices are high, averaging around £300,000, £50,000 more than the Cornish average of £250,000. The local average wage is £15,458.
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
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Company Profile
Name: Thndr
Started: 2019
Co-founders: Ahmad Hammouda and Seif Amr
Sector: FinTech
Headquarters: Egypt
UAE base: Hub71, Abu Dhabi
Current number of staff: More than 150
Funds raised: $22 million
Recipe: Spirulina Coconut Brothie
Ingredients
1 tbsp Spirulina powder
1 banana
1 cup unsweetened coconut milk (full fat preferable)
1 tbsp fresh turmeric or turmeric powder
½ cup fresh spinach leaves
½ cup vegan broth
2 crushed ice cubes (optional)
Method
Blend all the ingredients together on high in a high-speed blender until smooth and creamy.
Emergency phone numbers in the UAE
Estijaba – 8001717 – number to call to request coronavirus testing
Ministry of Health and Prevention – 80011111
Dubai Health Authority – 800342 – The number to book a free video or voice consultation with a doctor or connect to a local health centre
Emirates airline – 600555555
Etihad Airways – 600555666
Ambulance – 998
Knowledge and Human Development Authority – 8005432 ext. 4 for Covid-19 queries
Three ways to limit your social media use
Clinical psychologist, Dr Saliha Afridi at The Lighthouse Arabia suggests three easy things you can do every day to cut back on the time you spend online.
1. Put the social media app in a folder on the second or third screen of your phone so it has to remain a conscious decision to open, rather than something your fingers gravitate towards without consideration.
2. Schedule a time to use social media instead of consistently throughout the day. I recommend setting aside certain times of the day or week when you upload pictures or share information.
3. Take a mental snapshot rather than a photo on your phone. Instead of sharing it with your social world, try to absorb the moment, connect with your feeling, experience the moment with all five of your senses. You will have a memory of that moment more vividly and for far longer than if you take a picture of it.
In-demand jobs and monthly salaries
- Technology expert in robotics and automation: Dh20,000 to Dh40,000
- Energy engineer: Dh25,000 to Dh30,000
- Production engineer: Dh30,000 to Dh40,000
- Data-driven supply chain management professional: Dh30,000 to Dh50,000
- HR leader: Dh40,000 to Dh60,000
- Engineering leader: Dh30,000 to Dh55,000
- Project manager: Dh55,000 to Dh65,000
- Senior reservoir engineer: Dh40,000 to Dh55,000
- Senior drilling engineer: Dh38,000 to Dh46,000
- Senior process engineer: Dh28,000 to Dh38,000
- Senior maintenance engineer: Dh22,000 to Dh34,000
- Field engineer: Dh6,500 to Dh7,500
- Field supervisor: Dh9,000 to Dh12,000
- Field operator: Dh5,000 to Dh7,000
UAE%20medallists%20at%20Asian%20Games%202023
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Company profile
Name: Infinite8
Based: Dubai
Launch year: 2017
Number of employees: 90
Sector: Online gaming industry
Funding: $1.2m from a UAE angel investor
Miss Granny
Director: Joyce Bernal
Starring: Sarah Geronimo, James Reid, Xian Lim, Nova Villa
3/5
(Tagalog with Eng/Ar subtitles)
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.
In numbers: PKK’s money network in Europe
Germany: PKK collectors typically bring in $18 million in cash a year – amount has trebled since 2010
Revolutionary tax: Investigators say about $2 million a year raised from ‘tax collection’ around Marseille
Extortion: Gunman convicted in 2023 of demanding $10,000 from Kurdish businessman in Stockholm
Drug trade: PKK income claimed by Turkish anti-drugs force in 2024 to be as high as $500 million a year
Denmark: PKK one of two terrorist groups along with Iranian separatists ASMLA to raise “two-digit million amounts”
Contributions: Hundreds of euros expected from typical Kurdish families and thousands from business owners
TV channel: Kurdish Roj TV accounts frozen and went bankrupt after Denmark fined it more than $1 million over PKK links in 2013
Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.
Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.
“Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.
Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.
“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.
Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.
From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.
Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.
BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.
Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.
Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.
“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.
Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.
“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.
“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”
The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”
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Voy!%20Voy!%20Voy!
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COMPANY%20PROFILE%20
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Where to donate in the UAE
The Emirates Charity Portal
You can donate to several registered charities through a “donation catalogue”. The use of the donation is quite specific, such as buying a fan for a poor family in Niger for Dh130.
The General Authority of Islamic Affairs & Endowments
The site has an e-donation service accepting debit card, credit card or e-Dirham, an electronic payment tool developed by the Ministry of Finance and First Abu Dhabi Bank.
Al Noor Special Needs Centre
You can donate online or order Smiles n’ Stuff products handcrafted by Al Noor students. The centre publishes a wish list of extras needed, starting at Dh500.
Beit Al Khair Society
Beit Al Khair Society has the motto “From – and to – the UAE,” with donations going towards the neediest in the country. Its website has a list of physical donation sites, but people can also contribute money by SMS, bank transfer and through the hotline 800-22554.
Dar Al Ber Society
Dar Al Ber Society, which has charity projects in 39 countries, accept cash payments, money transfers or SMS donations. Its donation hotline is 800-79.
Dubai Cares
Dubai Cares provides several options for individuals and companies to donate, including online, through banks, at retail outlets, via phone and by purchasing Dubai Cares branded merchandise. It is currently running a campaign called Bookings 2030, which allows people to help change the future of six underprivileged children and young people.
Emirates Airline Foundation
Those who travel on Emirates have undoubtedly seen the little donation envelopes in the seat pockets. But the foundation also accepts donations online and in the form of Skywards Miles. Donated miles are used to sponsor travel for doctors, surgeons, engineers and other professionals volunteering on humanitarian missions around the world.
Emirates Red Crescent
On the Emirates Red Crescent website you can choose between 35 different purposes for your donation, such as providing food for fasters, supporting debtors and contributing to a refugee women fund. It also has a list of bank accounts for each donation type.
Gulf for Good
Gulf for Good raises funds for partner charity projects through challenges, like climbing Kilimanjaro and cycling through Thailand. This year’s projects are in partnership with Street Child Nepal, Larchfield Kids, the Foundation for African Empowerment and SOS Children's Villages. Since 2001, the organisation has raised more than $3.5 million (Dh12.8m) in support of over 50 children’s charities.
Noor Dubai Foundation
Sheikh Mohammed bin Rashid Al Maktoum launched the Noor Dubai Foundation a decade ago with the aim of eliminating all forms of preventable blindness globally. You can donate Dh50 to support mobile eye camps by texting the word “Noor” to 4565 (Etisalat) or 4849 (du).
Game Changer
Director: Shankar
Stars: Ram Charan, Kiara Advani, Anjali, S J Suryah, Jayaram
Rating: 2/5
Common%20symptoms%20of%20MS
%3Cul%3E%0A%3Cli%3EFatigue%3C%2Fli%3E%0A%3Cli%3Enumbness%20and%20tingling%3C%2Fli%3E%0A%3Cli%3ELoss%20of%20balance%20and%20dizziness%3C%2Fli%3E%0A%3Cli%3EStiffness%20or%20spasms%3C%2Fli%3E%0A%3Cli%3ETremor%3C%2Fli%3E%0A%3Cli%3EPain%3C%2Fli%3E%0A%3Cli%3EBladder%20problems%3C%2Fli%3E%0A%3Cli%3EBowel%20trouble%3C%2Fli%3E%0A%3Cli%3EVision%20problems%3C%2Fli%3E%0A%3Cli%3EProblems%20with%20memory%20and%20thinking%3C%2Fli%3E%0A%3C%2Ful%3E%0A
The rules on fostering in the UAE
A foster couple or family must:
- be Muslim, Emirati and be residing in the UAE
- not be younger than 25 years old
- not have been convicted of offences or crimes involving moral turpitude
- be free of infectious diseases or psychological and mental disorders
- have the ability to support its members and the foster child financially
- undertake to treat and raise the child in a proper manner and take care of his or her health and well-being
- A single, divorced or widowed Muslim Emirati female, residing in the UAE may apply to foster a child if she is at least 30 years old and able to support the child financially
NO OTHER LAND
Director: Basel Adra, Yuval Abraham, Rachel Szor, Hamdan Ballal
Stars: Basel Adra, Yuval Abraham
Rating: 3.5/5
Hotel Data Cloud profile
Date started: June 2016
Founders: Gregor Amon and Kevin Czok
Based: Dubai
Sector: Travel Tech
Size: 10 employees
Funding: $350,000 (Dh1.3 million)
Investors: five angel investors (undisclosed except for Amar Shubar)
Specs
Engine: Dual-motor all-wheel-drive electric
Range: Up to 610km
Power: 905hp
Torque: 985Nm
Price: From Dh439,000
Available: Now
