Judge Song Sang-hyun, the president of the International Criminal Court, may not need an introduction in The Hague. But in Doha, where court officials gathered late last month to lobby Arab states to join the first permanent war crimes tribunal, he could have used a name tag.
How do you spell your name, one conference organiser asked before hurrying to print an ID card for the ICC chief. "I'm the master of ceremonies," Judge Song replied, clearly not amused.
During a period of Arab revolutions, when calls for justice and accountability have toppled dictators and threatened regimes, the ICC would on the surface seem to be the perfect fit for the region's legal grievances. But as the recent talks in Doha made clear, many Arab leaders are deeply suspicious of the court's impartiality.
There are valid reasons for this scepticism. So far, the ICC has focused narrowly on African cases, and virtually ignored the Israeli-Palestinian struggle, a glaringly deliberate omission to many. Leaders also are cautious, rightly or wrongly, that recognising the court could lead to the lens of international justice being turned on them. With few exceptions, only members of the court fall under its jurisdiction.
Middle East countries are adapting policies of human rights and accepted views on justice in line with international standards. This spring has forced many to do so. In Libya, Colonel Muammar Qaddafi was referred to the ICC for war crimes in record time, with full Arab League backing. And in Egypt's courts, prosecutors plan to try the former president Hosni Mubarak for corruption and the killing of demonstrators during protests earlier this year. Even though it's a domestic case, the prosecution of a former head of state demonstrates the new-found demand for accountability.
Yet these cases are isolated and largely politically motivated. Based on the responses from regional leaders gathered in Doha, the ICC is still far from reversing a decade of Arab alienation.
"The Arab states, within the framework of the Arab League, are eager to continue legal dialogue with the ICC," said Mohamed R Ben Khadra, the head of the Arab League's legal department. "[But] the future of the ICC and its credibility depends on its success in putting an end to states running away from litigation. We have to have impartiality."
This perceived double standard has a name: Israel. Middle East leaders say Israel gets a free pass from the court, a view that has its merits. Despite a damning account of Israel's actions in Gaza by the Goldstone Report, for instance, the ICC has steered clear of investigating any allegations of Israeli war crimes.
That omission puts in doubt the entire principle of broadening the court's membership in the Middle East and North Africa. Created in 1998 by the Rome Statute, the court is the product of a post-Second World War drive to bring an international focus to criminal and humanitarian law. There is no shortage of potential cases either, from Yemen to Bahrain, North Korea to Nicaragua. The sheer scope of possible prosecutions, and opaque selection of targets, makes the court vulnerable to charges of partiality.
Of the 115 states that are currently full members, only three - Jordan, Djibouti and Comoros - are Arab. In his opening remarks to delegates, Judge Song argued that the region's political unrest was a good reason for Arab countries to sign up. His call for the region "to embrace the ICC, an institution that represents justice, security and peace" fell flat.
The court has not always received the cold shoulder in the region, however. Arab delegations were a force behind the court's founding, offering important support at the 1998 Rome Conference by backing the prosecutor's right to initiate cases independently. At the time, they also objected to the UN Security Council's ability to refer and veto cases, out of concern that superpowers could block efforts to investigate their own actions.
Ten years later those initial concerns have been borne out.
Unease with the ICC is not universal in the region. In Tunisia, a new government is considering a plan to ratify the Rome Statute, court officials say. Egypt may be also moving in that direction.
"After the revolution of January, there is a growing interest in supporting human rights and joining old treaties that are giving more human rights to the people. Among these treaties we can include the ICC as one," said Mahmoud Samy, Egypt's Ambassador to the Netherlands. "[But] the joining and ratification is a very complicated legal process."
Egypt and Tunisia may be exceptions moving slowly towards membership, but in reality people's demands for justice and accountability will probably be seen first in national courts. If the ICC wants to play a role, it has a long way to go.
First, it has to prove it is a capable court. In nine years of operation the court has not closed a case successfully. Some doubt its current prosecutor, Luis Moreno-Ocampo, has the political will or ability to try cases successfully. When a new prosecutor is seated next year, he must bring the political capital to demand respect and establish a better record of prosecutions. Legal experts say that without a new prosecutor and a new mandate, the ICC's credibility in the Arab world will continue to suffer.
And there may be no way around the fact that the ICC is, at least in the eyes of Arab states, an apologist for Israeli aggression. A 2009 request by the Palestinian Authority for the ICC to investigate alleged war crimes by Israel in Gaza has not moved forward, and court insiders say they doubt it will. If it does not, it will always be a hard sell to enrol Arab countries.
The Arab spring has shown that in the new Middle East and North Africa, nothing is off the table. New governments are being born while corruption and state-sanctioned violence are being rejected. But it remains to be seen how these developments will affect everyday society, much less the courtroom.
gbruno@thenational.ae
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The biog
Favourite hobby: taking his rescue dog, Sally, for long walks.
Favourite book: anything by Stephen King, although he said the films rarely match the quality of the books
Favourite film: The Shawshank Redemption stands out as his favourite movie, a classic King novella
Favourite music: “I have a wide and varied music taste, so it would be unfair to pick a single song from blues to rock as a favourite"
The specs
Engine: 2.0-litre 4-cyl turbo
Power: 201hp at 5,200rpm
Torque: 320Nm at 1,750-4,000rpm
Transmission: 6-speed auto
Fuel consumption: 8.7L/100km
Price: Dh133,900
On sale: now
Explainer: Tanween Design Programme
Non-profit arts studio Tashkeel launched this annual initiative with the intention of supporting budding designers in the UAE. This year, three talents were chosen from hundreds of applicants to be a part of the sixth creative development programme. These are architect Abdulla Al Mulla, interior designer Lana El Samman and graphic designer Yara Habib.
The trio have been guided by experts from the industry over the course of nine months, as they developed their own products that merge their unique styles with traditional elements of Emirati design. This includes laboratory sessions, experimental and collaborative practice, investigation of new business models and evaluation.
It is led by British contemporary design project specialist Helen Voce and mentor Kevin Badni, and offers participants access to experts from across the world, including the likes of UK designer Gareth Neal and multidisciplinary designer and entrepreneur, Sheikh Salem Al Qassimi.
The final pieces are being revealed in a worldwide limited-edition release on the first day of Downtown Designs at Dubai Design Week 2019. Tashkeel will be at stand E31 at the exhibition.
Lisa Ball-Lechgar, deputy director of Tashkeel, said: “The diversity and calibre of the applicants this year … is reflective of the dynamic change that the UAE art and design industry is witnessing, with young creators resolute in making their bold design ideas a reality.”
THE BIO
Bio Box
Role Model: Sheikh Zayed, God bless his soul
Favorite book: Zayed Biography of the leader
Favorite quote: To be or not to be, that is the question, from William Shakespeare's Hamlet
Favorite food: seafood
Favorite place to travel: Lebanon
Favorite movie: Braveheart
Result:
1. Cecilie Hatteland (NOR) atop Alex - 31.46 seconds
2. Anna Gorbacheva (RUS) atop Curt 13 - 31.82 seconds
3. Georgia Tame (GBR) atop Cash Up - 32.81 seconds
4. Sheikha Latifa bint Ahmed Al Maktoum (UAE) atop Peanuts de Beaufour - 35.85 seconds
5. Miriam Schneider (GER) atop Benur du Romet - 37.53 seconds
6. Annika Sande (NOR) atop For Cash 2 - 31.42 seconds (4 penalties)
One in four Americans don't plan to retire
Nearly a quarter of Americans say they never plan to retire, according to a poll that suggests a disconnection between individuals' retirement plans and the realities of ageing in the workforce.
Experts say illness, injury, layoffs and caregiving responsibilities often force older workers to leave their jobs sooner than they'd like.
According to the poll from The Associated Press-NORC Centre for Public Affairs Research, 23 per cent of workers, including nearly two in 10 of those over 50, don't expect to stop working. Roughly another quarter of Americans say they will continue working beyond their 65th birthday.
According to government data, about one in five people 65 and older was working or actively looking for a job in June. The study surveyed 1,423 adults in February this year.
For many, money has a lot to do with the decision to keep working.
"The average retirement age that we see in the data has gone up a little bit, but it hasn't gone up that much," says Anqi Chen, assistant director of savings research at the Centre for Retirement Research at Boston College. "So people have to live in retirement much longer, and they may not have enough assets to support themselves in retirement."
When asked how financially comfortable they feel about retirement, 14 per cent of Americans under the age of 50 and 29 per cent over 50 say they feel extremely or very prepared, according to the poll. About another four in 10 older adults say they do feel somewhat prepared, while just about one-third feel unprepared.
"One of the things about thinking about never retiring is that you didn't save a whole lot of money," says Ronni Bennett, 78, who was pushed out of her job as a New York City-based website editor at 63.
She searched for work in the immediate aftermath of her layoff, a process she describes as akin to "banging my head against a wall." Finding Manhattan too expensive without a steady stream of income, she eventually moved to Portland, Maine. A few years later, she moved again, to Lake Oswego, Oregon. "Sometimes I fantasise that if I win the lottery, I'd go back to New York," says Ms Bennett.
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Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
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Our legal consultant
Name: Dr Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
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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
The specs
Engine: 8.0-litre, quad-turbo 16-cylinder
Transmission: 7-speed auto
0-100kmh 2.3 seconds
0-200kmh 5.5 seconds
0-300kmh 11.6 seconds
Power: 1500hp
Torque: 1600Nm
Price: Dh13,400,000
On sale: now
The specs: 2018 Nissan Altima
Price, base / as tested: Dh78,000 / Dh97,650
Engine: 2.5-litre in-line four-cylinder
Power: 182hp @ 6,000rpm
Torque: 244Nm @ 4,000rpm
Transmission: Continuously variable tranmission
Fuel consumption, combined: 7.6L / 100km
The specs
Engine: 2.7-litre 4-cylinder Turbomax
Power: 310hp
Torque: 583Nm
Transmission: 8-speed automatic
Price: From Dh192,500
On sale: Now
More from Rashmee Roshan Lall
The specs
Engine: 3.0-litre 6-cyl turbo
Power: 374hp at 5,500-6,500rpm
Torque: 500Nm from 1,900-5,000rpm
Transmission: 8-speed auto
Fuel consumption: 8.5L/100km
Price: from Dh285,000
On sale: from January 2022
The specs
Engine: Long-range single or dual motor with 200kW or 400kW battery
Transmission: Single-speed automatic
Max touring range: 620km / 590km
Price: From Dh250,000 (estimated)
The specs
Engine: 2.0-litre 4-cylinder turbo hybrid
Transmission: eight-speed automatic
Power: 390bhp
Torque: 400Nm
Price: Dh340,000 ($92,579
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THE SPECS
Engine: 3-litre V6
Transmission: eight-speed automatic
Power: 424hp
Torque: 580 Nm
Price: From Dh399,000
On sale: Now
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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.
What is graphene?
Graphene is extracted from graphite and is made up of pure carbon.
It is 200 times more resistant than steel and five times lighter than aluminum.
It conducts electricity better than any other material at room temperature.
It is thought that graphene could boost the useful life of batteries by 10 per cent.
Graphene can also detect cancer cells in the early stages of the disease.
The material was first discovered when Andre Geim and Konstantin Novoselov were 'playing' with graphite at the University of Manchester in 2004.
Top New Zealand cop on policing the virtual world
New Zealand police began closer scrutiny of social media and online communities after the attacks on two mosques in March, the country's top officer said.
The killing of 51 people in Christchurch and wounding of more than 40 others shocked the world. Brenton Tarrant, a suspected white supremacist, was accused of the killings. His trial is ongoing and he denies the charges.
Mike Bush, commissioner of New Zealand Police, said officers looked closely at how they monitored social media in the wake of the tragedy to see if lessons could be learned.
“We decided that it was fit for purpose but we need to deepen it in terms of community relationships, extending them not only with the traditional community but the virtual one as well," he told The National.
"We want to get ahead of attacks like we suffered in New Zealand so we have to challenge ourselves to be better."
THE BIO
Born: Mukalla, Yemen, 1979
Education: UAE University, Al Ain
Family: Married with two daughters: Asayel, 7, and Sara, 6
Favourite piece of music: Horse Dance by Naseer Shamma
Favourite book: Science and geology
Favourite place to travel to: Washington DC
Best advice you’ve ever been given: If you have a dream, you have to believe it, then you will see it.
The%20Specs
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Greatest Royal Rumble results
John Cena pinned Triple H in a singles match
Cedric Alexander retained the WWE Cruiserweight title against Kalisto
Matt Hardy and Bray Wyatt win the Raw Tag Team titles against Cesaro and Sheamus
Jeff Hardy retained the United States title against Jinder Mahal
Bludgeon Brothers retain the SmackDown Tag Team titles against the Usos
Seth Rollins retains the Intercontinental title against The Miz, Finn Balor and Samoa Joe
AJ Styles remains WWE World Heavyweight champion after he and Shinsuke Nakamura are both counted out
The Undertaker beats Rusev in a casket match
Brock Lesnar retains the WWE Universal title against Roman Reigns in a steel cage match
Braun Strowman won the 50-man Royal Rumble by eliminating Big Cass last
The biog
Age: 32
Qualifications: Diploma in engineering from TSI Technical Institute, bachelor’s degree in accounting from Dubai’s Al Ghurair University, master’s degree in human resources from Abu Dhabi University, currently third years PHD in strategy of human resources.
Favourite mountain range: The Himalayas
Favourite experience: Two months trekking in Alaska
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The Year Earth Changed
Directed by:Tom Beard
Narrated by: Sir David Attenborough
Stars: 4
Five personal finance podcasts from The National
To help you get started, tune into these Pocketful of Dirham episodes
·
Balance is essential to happiness, health and wealth
·
What is a portfolio stress test?
·
What are NFTs and why are auction houses interested?
·
How gamers are getting rich by earning cryptocurrencies
·
Should you buy or rent a home in the UAE?
Israel Palestine on Swedish TV 1958-1989
Director: Goran Hugo Olsson
Rating: 5/5