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 ]
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.
Company profile
Name: Tabby
Founded: August 2019; platform went live in February 2020
Founder/CEO: Hosam Arab, co-founder: Daniil Barkalov
Based: Dubai, UAE
Sector: Payments
Size: 40-50 employees
Stage: Series A
Investors: Arbor Ventures, Mubadala Capital, Wamda Capital, STV, Raed Ventures, Global Founders Capital, JIMCO, Global Ventures, Venture Souq, Outliers VC, MSA Capital, HOF and AB Accelerator.
COMPANY PROFILE
Name: SmartCrowd
Started: 2018
Founder: Siddiq Farid and Musfique Ahmed
Based: Dubai
Sector: FinTech / PropTech
Initial investment: $650,000
Current number of staff: 35
Investment stage: Series A
Investors: Various institutional investors and notable angel investors (500 MENA, Shurooq, Mada, Seedstar, Tricap)
Mohammed bin Zayed Majlis
Results
2.15pm: Maiden (PA) Dh40,000 1,200m
Winner: Maqam, Fabrice Veron (jockey), Eric Lemartinel (trainer).
2.45pm: Maiden (PA) Dh40,000 1,200m
Winner: Mamia Al Reef, Szczepan Mazur, Ibrahim Al Hadhrami.
3.15pm: Handicap (PA) Dh40,000 2,000m
Winner: Jaahiz, Fabrice Veron, Eric Lemartinel.
3.45pm: Handicap (PA) Dh40,000 1,000m
Winner: Qanoon, Szczepan Mazur, Irfan Ellahi.
4.15pm: Sheikh Hamdan bin Rashid Cup Handicap (TB) Dh200,000 1,700m.
Winner: Philosopher, Tadhg O’Shea, Salem bin Ghadayer.
54.45pm: Handicap (PA) Dh40,000 1,700m
Winner: Jap Al Yassoob, Fernando Jara, Irfan Ellahi.
The five pillars of Islam
Company profile
Company name: Shipsy
Year of inception: 2015
Founders: Soham Chokshi, Dhruv Agrawal, Harsh Kumar and Himanshu Gupta
Based: India, UAE and Indonesia
Sector: logistics
Size: more than 350 employees
Funding received so far: $31 million in series A and B rounds
Investors: Info Edge, Sequoia Capital’s Surge, A91 Partners and Z3 Partners
Sly Cooper and the Thievius Raccoonus
Developer: Sucker Punch Productions
Publisher: Sony Computer Entertainment
Console: PlayStation 2 to 5
Rating: 5/5
Results:
5pm: Maiden (PA) Dh80,000 1,400m | Winner: Eghel De Pine, Pat Cosgrave (jockey), Eric Lemartinel (trainer)
5.30pm: Maiden (PA) Dh80,000 1,400m | Winner: AF Sheaar, Szczepan Mazur, Saeed Al Shamsi
6pm: Sheikh Zayed bin Sultan Al Nahyan National Day Cup (PA) Group 3 Dh500,000 1,600m | Winner: RB Torch, Fabrice Veron, Eric Lemartinel
6.30pm: Sheikh Zayed bin Sultan Al Nahyan National Day Cup (TB) Listed Dh380,000 1,600m | Winner: Forjatt, Chris Hayes, Nicholas Bachalard
7pm: Wathba Stallions Cup for Private Owners Handicap (PA) Dh 70,000 1,400m | Winner: Hawafez, Connor Beasley, Ridha ben Attia
7.30pm: Handicap (PA) Dh 80,000 1,600m | Winner: Qader, Richard Mullen, Jean de Roaulle
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
Sholto Byrnes on Myanmar politics
The specs
Engine: 2.0-litre 4-cylinder turbo
Power: 258hp from 5,000-6,500rpm
Torque: 400Nm from 1,550-4,000rpm
Transmission: Eight-speed auto
Fuel consumption: 6.1L/100km
Price: from Dh362,500
On sale: now
Sarfira
Director: Sudha Kongara Prasad
Starring: Akshay Kumar, Radhika Madan, Paresh Rawal
Rating: 2/5
The biog
Favourite films: Casablanca and Lawrence of Arabia
Favourite books: Start with Why by Simon Sinek and Good to be Great by Jim Collins
Favourite dish: Grilled fish
Inspiration: Sheikh Zayed's visionary leadership taught me to embrace new challenges.
The specs
Engine: Dual synchronous electric motors
Power: 660hp
Torque: 1,100Nm
Transmission: Single-speed automatic
Touring range: 488km-560km
Price: From Dh850,000 (estimate)
On sale: October
more from Janine di Giovanni
UAE v Gibraltar
What: International friendly
When: 7pm kick off
Where: Rugby Park, Dubai Sports City
Admission: Free
Online: The match will be broadcast live on Dubai Exiles’ Facebook page
UAE squad: Lucas Waddington (Dubai Exiles), Gio Fourie (Exiles), Craig Nutt (Abu Dhabi Harlequins), Phil Brady (Harlequins), Daniel Perry (Dubai Hurricanes), Esekaia Dranibota (Harlequins), Matt Mills (Exiles), Jaen Botes (Exiles), Kristian Stinson (Exiles), Murray Reason (Abu Dhabi Saracens), Dave Knight (Hurricanes), Ross Samson (Jebel Ali Dragons), DuRandt Gerber (Exiles), Saki Naisau (Dragons), Andrew Powell (Hurricanes), Emosi Vacanau (Harlequins), Niko Volavola (Dragons), Matt Richards (Dragons), Luke Stevenson (Harlequins), Josh Ives (Dubai Sports City Eagles), Sean Stevens (Saracens), Thinus Steyn (Exiles)
Confirmed bouts (more to be added)
Cory Sandhagen v Umar Nurmagomedov
Nick Diaz v Vicente Luque
Michael Chiesa v Tony Ferguson
Deiveson Figueiredo v Marlon Vera
Mackenzie Dern v Loopy Godinez
Tickets for the August 3 Fight Night, held in partnership with the Department of Culture and Tourism Abu Dhabi, went on sale earlier this month, through www.etihadarena.ae and www.ticketmaster.ae.
Libya's Gold
UN Panel of Experts found regime secretly sold a fifth of the country's gold reserves.
The panel’s 2017 report followed a trail to West Africa where large sums of cash and gold were hidden by Abdullah Al Senussi, Qaddafi’s former intelligence chief, in 2011.
Cases filled with cash that was said to amount to $560m in 100 dollar notes, that was kept by a group of Libyans in Ouagadougou, Burkina Faso.
A second stash was said to have been held in Accra, Ghana, inside boxes at the local offices of an international human rights organisation based in France.
In The Heights
Directed by: Jon M. Chu
Stars: Anthony Ramos, Lin-Manual Miranda
Rating: ****
Guardians of the Galaxy Vol 3
Director: James Gunn
Stars: Chris Pratt, Zoe Saldana, Dave Bautista, Vin Diesel, Bradley Cooper
Rating: 4/5
A QUIET PLACE
Starring: Lupita Nyong'o, Joseph Quinn, Djimon Hounsou
Director: Michael Sarnoski
Rating: 4/5
INDIA SQUAD
Virat Kohli (capt), Rohit Sharma, Shikhar Dhawan, KL Rahul, Vijay Shankar, MS Dhoni (wk), Kedar Jadhav, Dinesh Karthik, Yuzvendra Chahal, Kuldeep Yadav, Bhuvneshwar Kumar, Jasprit Bumrah, Hardik Pandya, Ravindra Jadeja, Mohammed Shami
Company Profile
Company name: Yeepeey
Started: Soft launch in November, 2020
Founders: Sagar Chandiramani, Jatin Sharma and Monish Chandiramani
Based: Dubai
Industry: E-grocery
Initial investment: $150,000
Future plan: Raise $1.5m and enter Saudi Arabia next year
TWISTERS
Director:+Lee+Isaac+Chung
Starring:+Glen+Powell,+Daisy+Edgar-Jones,+Anthony+Ramos
Rating:+2.5/5
The Kingfisher Secret
Anonymous, Penguin Books
The bio
Favourite book: The Alchemist by Paulo Coelho
Favourite travel destination: Maldives and south of France
Favourite pastime: Family and friends, meditation, discovering new cuisines
Favourite Movie: Joker (2019). I didn’t like it while I was watching it but then afterwards I loved it. I loved the psychology behind it.
Favourite Author: My father for sure
Favourite Artist: Damien Hurst