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Lawyers seeking to halt Israel’s offensive in Gaza hope tactics that swayed judges on Myanmar's alleged genocide of Rohingya Muslims will prevail again as the Middle East conflict enters court in The Hague.
Arguments to restrain Israel that will be heard by the International Court of Justice this week are similar to those deployed by western countries against Myanmar.
Two days of initial hearings will begin on Thursday after South Africa took Israel to the ICJ, claiming aspects of its assault on Hamas are “genocidal in character”.
Although it could take years for a full verdict, South Africa is asking for emergency measures in which Israel is ordered to call off its campaign.
The ICJ took similar steps in 2022 when Russia was asked to suspend its invasion of Ukraine, and in 2020, when it told Myanmar to prevent killings of the Rohingya minority.
The court has no way of enforcing such verdicts, but an order from The Hague could pile international pressure on Israel to pause its offensive.
A leading Israeli law professor has acknowledged that the inflammatory words of some of the country's politicians and television presenters could create difficulties in being construed as incitement to genocide.
“This is a process that would generate legally binding decisions in a context … that could complicate [Israel's] war effort in Gaza,” Prof Yuval Shany said in a Zoom briefing to journalists hosted by the Israeli embassy in London.
“Court order measures that require Israel to stop the war, or allow civilians in the south to head back north, would have significant complications for Israel.”
The court’s decision could have an “impact in real-time on the war” against Hamas. Israel, he said, “would not want allegations on the record accusing it of genocide”.
Speaking from the University of Jerusalem, Prof Shany said it was a case “that Israel feels that it could win” and that genocide was a “notoriously difficult charge to make before the International Court of Justice”.
Belgium is set to discuss joining South Africa's cause at the ICJ after a senior minister called for a legal response to “unimaginable, horrific acts” in Gaza.
The Myanmar verdict – which was welcomed by countries including the UK and Canada – is cited more than two dozen times in legal documents filed by South Africa.
The case concerned a military crackdown in Myanmar that led to more than 700,000 Rohingya people fleeing to Bangladesh, sparking allegations of violent ethnic cleansing.
It is seen as relevant in part because it was brought by a third party, Gambia, which like South Africa was intervening on behalf of alleged victims of genocide.
Israel may argue that South Africa has no link to Gaza and therefore no right to bring the case, just as Myanmar sought to shoot down Gambia's lawsuit by saying Bangladesh should file the claim.
However, the fact that judges gave Gambia a hearing is a telling precedent for the South Africa-Israel case, believes Tareq Shrourou, a human rights lawyer in the UK who works for Palestinian causes.
A filing in that case by the UK, France, Canada, Germany, Denmark and the Netherlands argued that all countries have a stake in the “high purposes” of the Genocide Convention.
“Myanmar made several arguments to say there wasn’t actually a dispute between the Gambia and Myanmar,” Mr Shrourou told The National.
“What South Africa claims and what the Gambia’s claim with Myanmar states, and this was accepted, is that all parties to the Genocide Convention have an interest in ensuring that it is not violated.”
'Plausible' test
South Africa must also persuade the court that it has jurisdiction, that it is “plausible” that Palestinian rights are being violated and that an emergency order is needed to prevent “irreparable consequences”.
It accuses Israel of “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting on them conditions of life calculated to bring about their physical destruction”.
However, South Africa does not at this stage need to meet the high threshold of proving “genocidal intent”, said Mr Shrourou, with Israel likely to argue it is acting in self-defence against Hamas.
Part of Myanmar’s defence was that hundreds of thousands of Rohingya people remained in the country, casting doubt on claims of “forced displacements” amounting to genocide.
However, the court sided with Gambia in the first round of hearings, in which it had merely sought to persuade judges that genocide was one possible interpretation of the events in Myanmar.
The filing by western allies also argued for a broad interpretation, saying genocide could be inferred from circumstantial evidence and that the bar should not be “unduly high”.
South Africa, too, makes similar points in its 84-page argument against Israel, saying there is no requirement for genocide to be “the only inference to be drawn” at this stage of proceedings.
It says it is motivated by its “painful past experience of a system of apartheid”, an accusation sometimes levelled at Israel.
The full Myanmar case is yet to be decided almost four years after the provisional verdict, which would be expected within weeks of the South Africa-Israel hearings.
The UK and partners submitted a new filing in that case less than two months ago, saying the burning of villages and acts of violence against the Rohingya amounted to genocide.
In the Gaza case, however, western countries have generally been cautious in criticising Israel’s conduct and most do not support South Africa’s action at the ICJ.
Britain’s Foreign Secretary Lord Cameron said on Tuesday that the UK did not agree with South Africa’s move, despite acknowledging Israel could be legally vulnerable.
The US has described the South African lawsuit as “meritless, counterproductive, and completely without any basis in fact whatsoever”.
High threshold
Only one previous case of genocide has been proven, when Serbia was found guilty of it during the Balkans War, especially the Srebrenica massacre in which 8,000 Bosniak Muslim men and boys were murdered in 1995.
South Africa would have to reach a “high threshold” that either there was a general plan to commit genocide or that the pattern of conflict by Israeli military was “genocidal in nature”, argued Prof Shany, a former chairman of the United Nations Human Rights Committee.
Israel will argue that if it had intended to commit genocide in Gaza it “would not have expended so much effort to get civilians out of harm's way”, he said.
Even if some activities have been “excessive or questionable” Israel will still argue this was on the basis of a military campaign.
“It is driven by the logic of a military campaign rather than a genocidal one,” he said.
But it was “fair to say some of the wild statements” in the Israeli media and by far-right politicians could be seen as incitement to genocide, something Israel’s state attorney was already examining.
However, these were statements made by individuals who are “marginal figures” who had nothing to do with the decision-making process although they were still “very problematic”.
If the ICJ determined that the claims were “plausible” it could issue provisional measures to stop the military campaign, Prof Shany said.
Ten tax points to be aware of in 2026
1. Domestic VAT refund amendments: request your refund within five years
If a business does not apply for the refund on time, they lose their credit.
2. E-invoicing in the UAE
Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption.
3. More tax audits
Tax authorities are increasingly using data already available across multiple filings to identify audit risks.
4. More beneficial VAT and excise tax penalty regime
Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.
5. Greater emphasis on statutory audit
There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.
6. Further transfer pricing enforcement
Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes.
7. Limited time periods for audits
Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion.
8. Pillar 2 implementation
Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.
9. Reduced compliance obligations for imported goods and services
Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations.
10. Substance and CbC reporting focus
Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity.
Contributed by Thomas Vanhee and Hend Rashwan, Aurifer
Match info
Huddersfield Town 0
Chelsea 3
Kante (34'), Jorginho (45' pen), Pedro (80')
AI traffic lights to ease congestion at seven points to Sheikh Zayed bin Sultan Street
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Dhafeer Street
Hadbat Al Ghubainah Street (outbound)
Salama bint Butti Street
Al Dhafra Street
Rabdan Street
Umm Yifina Street exit (inbound)
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$1,000 award for 1,000 days on madrasa portal
Daily cash awards of $1,000 dollars will sweeten the Madrasa e-learning project by tempting more pupils to an education portal to deepen their understanding of math and sciences.
School children are required to watch an educational video each day and answer a question related to it. They then enter into a raffle draw for the $1,000 prize.
“We are targeting everyone who wants to learn. This will be $1,000 for 1,000 days so there will be a winner every day for 1,000 days,” said Sara Al Nuaimi, project manager of the Madrasa e-learning platform that was launched on Tuesday by the Vice President and Ruler of Dubai, to reach Arab pupils from kindergarten to grade 12 with educational videos.
“The objective of the Madrasa is to become the number one reference for all Arab students in the world. The 5,000 videos we have online is just the beginning, we have big ambitions. Today in the Arab world there are 50 million students. We want to reach everyone who is willing to learn.”
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How to wear a kandura
Dos
- Wear the right fabric for the right season and occasion
- Always ask for the dress code if you don’t know
- Wear a white kandura, white ghutra / shemagh (headwear) and black shoes for work
- Wear 100 per cent cotton under the kandura as most fabrics are polyester
Don’ts
- Wear hamdania for work, always wear a ghutra and agal
- Buy a kandura only based on how it feels; ask questions about the fabric and understand what you are buying
Know your camel milk:
Flavour: Similar to goat’s milk, although less pungent. Vaguely sweet with a subtle, salty aftertaste.
Texture: Smooth and creamy, with a slightly thinner consistency than cow’s milk.
Use it: In your morning coffee, to add flavour to homemade ice cream and milk-heavy desserts, smoothies, spiced camel-milk hot chocolate.
Goes well with: chocolate and caramel, saffron, cardamom and cloves. Also works well with honey and dates.
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
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- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
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- Disruption Lab and Research Centre for developing entrepreneurial skills
Living in...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
Chatham House Rule
A mark of Chatham House’s influence 100 years on since its founding, was Moscow’s formal declaration last month that it was an “undesirable
organisation”.
The depth of knowledge and academics that it drew on
following the Ukraine invasion had broadcast Mr Putin’s chicanery.
The institute is more used to accommodating world leaders,
with Nelson Mandela, Margaret Thatcher among those helping it provide
authoritative commentary on world events.
Chatham House was formally founded as the Royal Institute of
International Affairs following the peace conferences of World War One. Its
founder, Lionel Curtis, wanted a more scientific examination of international affairs
with a transparent exchange of information and ideas.
That arena of debate and analysis was enhanced by the “Chatham
House Rule” states that the contents of any meeting can be discussed outside Chatham
House but no mention can be made identifying individuals who commented.
This has enabled some candid exchanges on difficult subjects
allowing a greater degree of free speech from high-ranking figures.
These meetings are highly valued, so much so that
ambassadors reported them in secret diplomatic cables that – when they were
revealed in the Wikileaks reporting – were thus found to have broken the rule. However,
most speeches are held on the record.
Its research and debate has offered fresh ideas to
policymakers enabling them to more coherently address troubling issues from climate
change to health and food security.
UPI facts
More than 2.2 million Indian tourists arrived in UAE in 2023
More than 3.5 million Indians reside in UAE
Indian tourists can make purchases in UAE using rupee accounts in India through QR-code-based UPI real-time payment systems
Indian residents in UAE can use their non-resident NRO and NRE accounts held in Indian banks linked to a UAE mobile number for UPI transactions
Various Artists
Habibi Funk: An Eclectic Selection Of Music From The Arab World (Habibi Funk)
Banned items
Dubai Police has also issued a list of banned items at the ground on Sunday. These include:
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Political flags or banners
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Bikes, skateboards or scooters
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