tv News Al Jazeera January 11, 2024 12:00pm-12:31pm AST
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exploring type less cultural, examining political disco exposing societies, doctor award winning intense investigations that get compelling insights into humanitarian homes and untold stories from asia were in the pacific one. 0 one east. on out. you'll see around the, on the hello i'm and there's a put on them and this is elena 0, live from doha. the us top cost is about to hit arguments. that is right, is commission genocide and it's war on gaza. this is the scene at the international court of justice where proceedings are about to get underway. the case is blocked
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by south africa and accuse this is read a violation of the 1948 to you and genocide, convention with mass cutting expansions and statements describing palestinians a sub human. more than 23000 palestinians have been killed so fond of maybe half of them children. but he went and says, gaza has become uninhabitable. we will have extensive coverage of this case throughout the day here on al jazeera. let's begin with step boss, and she's joining as life on the international court of justice in the hague and step took us through what we were expecting today. well, a stoplight, the international is really on the face pallets here in the hague. i've never seen so much attention on a case here at the i c j as this one between south africa and israel, which is about to start south africa. we'll have 9 speakers in the next 3 hours and they will start with the minister of justice for now. so i'm ola, who is also
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a problem in a n c politician. he will make the case that he thinks and choose country believes that is ralph is committing genocide in gaza. and of course, that is a history of apartheid in south africa. and that's why he will make this also this very strong case of against the oppression of the palestinian people in guy. so this will be followed by the legal payments, a very prominent legal team that south africa has managed to assemble john to garth, which is a veterans lawyer, 8 to 7 years old. he is a former us special rep. it's also on human rights in the sort of thing and occupied territories. he has to be also a judge here at the i c, j. and he has made a case that we all said that the apartheid that was offered by the black south africans is also happening a committed by, as well against palestinians, so that it will be auto speakers from the legal team, which is most important here today is that to south africa has off for this urgent
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injunction professional matches. so what, while the case about china side is going on maybe 4 years, so that we've got once the courts, 17 charges to decide very quickly that whatever is wrong this now doing should stop immediately. and we've just heard that this decision will come within a few weeks and shouldn't be made before february 6th, because that's what the court to change is judge a. so this is something that we have to look out for today. all right, stuff. thank you very much. for that, for now, that step boss and live in the hey, let's go through a salma been job and he's joining us from a palestinian solid, dowdy valley also in front of the international court of justice and the hague and very patient. dave salma on just the palestinians that everyone has been protesting against israel's actions in gaza. what are the people they're saying? the hundreds of people who've been trickling in uh
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from yes today as this case is about to begin these profile assign activists have been coming from all over europe, 5 people here from the netherlands. it's been an be, be speaking to a few them who say that the guy that had to show a sort of our team support not just to south africa's case, but also against all those people who are eating in the betting in the interview. what israel is doing in gaza, people who have been not allowed to protest in right outside, because here is that a few is really protested. got the being, let's do another location where they are being allowed to put test into us on the diet. but the mood and defensive in test is boy, and people say that just it's real defending itself in the us. highest or against charges of genocide is have been for the palestinians because this is something which they have been claiming and tending the world. and the world has not been able to listen to them. and now at least of others, acknowledging that these are acts according to many parents. profile assign,
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active is that amount to genocide. there's also being supported by various countries to solve the applicants case, as well, including the arab league, the organization of the countries, and many other countries in africa and asia as well. and as, as well in south america who say that they're standing behind what south africa has presented. busy as evidence in that $84.00 page document and they want the world to acknowledge and stop what is happening in the media or as a salma for now that is a sum of in java. and he is also joining us live from that. rally b riley in solid bowers. he would palestine outside the court in the hague. and as a salma is speaking, we have been watching live pictures of the judges from the international court of justice. this is the president joined e donahue of the i, c j. speaking that's missing information says the parties on the request for the indication of provisional measures submitted by the republic of south africa. in
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the case concerning application of the convention on the prevention and punishment of the crime of genocide in the gaza strip south africa versus israel. the court does not include upon the bench a judge of the nationality of either party. accordingly, both parties availed themselves of the right under article $31.00 paragraph 3 of the statute to choose a judge at hawk south africa has chosen judge dick on ernest most syndicate, and israel judge are on the rock at you. so that same provision applies to judges ad hoc, before inviting judge most advocate and judge for us to make their solemn declarations . i shall 1st, in accordance with custom, say a few words about their careers and qualifications. judge dick on ernest most n k of south african nationality has had a distinguished career as a judge. law practitioner, an academic actor, obtaining degrees in english,
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political science and law from the university of south africa practice. as an attorney and an advocate with the pretoria bar in 22001, he was appointed to judge on the high court in pretoria. and a year later, he became a judge on the constitutional court of south africa, where he was deputy chief justice for more than a decade and acting chief justice in 202-013-2014 judge. most seneca is also an honorary professor in the department of jurisprudence at the university of pretoria and to serve as a chancellor of the pretoria technicom and the university of vic. about this time in your hands for judgment syndicate has received numerous honorary doctorates and awards. i shall now say a few words about the career. the qualifications of judge brock judge i are on the rock of is really nationality. has had an eminent career as
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a judge in law besser. he holds a p h d in law from the hebrew university of jerusalem, and served as the dean of the faculty of law of that university. between 19741975. he was appointed to the as rarely supreme court in 1978 and served as its president from 1995 to 2006. prior to joining the supreme court judge correct served as the attorney general of the state of israel between 194419751978. this is taught law and a number of law schools including young university, the hebrew university of jerusalem, and the right quinn university. hercules, israel judge, correct, as also written extensively in law and has received numerous honorary degrees and awards. in accordance with the order of precedence, fixed by article 7 paragraphs, 3 of the rules of court. i shall 1st invite judge masonic a. to make the solemn declaration, chris prescribed by the statute and
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a request. all those present derives judgements. seneca, you have the floor. so let me the to the will perform my duties. alexis size my powers as a judge on other play, faithfully, impartiality and conscientious. i think judgments any case, and i now invite the judge barracks to make the solemn declaration prescribed by the statute that for after you had before i solemnly declare a thing really before my duties in excess us. my power says judge, hold the release faithfully, impartially and consciously. i thank you, judge for us. please be seated. of the i
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take note of the solemn declarations made by judge ad hoc with syndicate and judge attacked the rock in order to clear them duly installed as judges at home. in the case concerning application of the convention on the prevention and punishment of the crime of genocide in the gaza strip south africa versus israel. i shall now recall the principal steps of the procedure in the present case. on 29 december 2023. the government of south africa filed in the registry of the court, an application instituting proceedings against the state of israel, alleging violations by the letter of its obligations under the 1948 convention on the prevention and punishment of the crime of genocide. i shall refer to this convention as the genocide convention to found the jurisdiction of the court south africa invokes article $36.00 paragraph one of the statute of court. and article 9 of the genocide convention. south africa states that its applications concerns acts
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threatened, adopted, condoned, taken and being taken by the government and military of israel against the palestinian people. a distinct national, racial and ethnic will group in the wake of the attacks in israel on 7 october 2023 . says africa contends that the accident emissions by israel, of which he complains or genocidal in character because i quote they are intended to bring about the destruction of a substantial part of the palestinian national, racial and ethnic will group that thing. the parts of the palestinian group in the gaza strip and of called south africa asserts that the relevant acts are attributable to israel, which has failed to prevention aside and is committing genocide and which has also violated and continues to violate other fundamental obligations under the genocide convention, as the apple occasion contains a request for the indication of provisional measures pursuing to article $41.00 of
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the statute of court and articles 7374 and 75 of the rules of court. according to south africa, i quote, provisional measures are necessary in this case to protect against further severe i never, i for little harm to the rights of the palestinian people under the genocide convention, which continued to be violated with impunity. south africa requests that the court indicate provisional measures to protect and preserve those rights as well as its own rights under the convention, and to prevent any aggravation or extension of the dispute. pending the determination of the merits of the issues raised by the application and of quote. the registrar will now read out the passage from the request specifying the original measures which the government of south africa is asking the court to indicate you have the forms to registrar. think human, i'm president. i quote one this to to visit royal. charlotte immediately suspended
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military operations in an against goes to the state of users. so i'm sure that the in the military, your, your regular on units which may be directed to support or influenced by it, as well as any organizations and persons which may be subject to its control, direction or influence. take no steps in for to run some of the military operations referred to point one to both 3. the republic of south africa and the state of user shall, each not called once we do, but to get shots on the convention on the prevention and finish. man of the crime of genocide in relation to the police to young people take or reasonable measures within the power to prevent genocide. for the state of israel shaw nicole dunce, we did subrogation under the convention under prevention and punishment of the crime of genocide in relation to the police to people as a group,
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protected by the convention on the prevention and finish amount of the crime of genocide diseased from the commission of any and all acts within the scope of all to go to the convention in particular is killing members of the group be causing cellulose. booked into your mental home to the members of the group. see deliberately inflicting on the group. accommodations of live calculator to bring about its physical destruction. you know, all are involved and the imposing measure as intended to prison birds within the group. as far as the state of user, as of those 12.4, see you both in relation to palestinians. this is from the intake all measures within its power, including the rescinding of irrelevant orders of restrictions and are of prohibitions to prevent the explosion. and force displacement from their homes be
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the provision of b, one, access to adequate food and war to be true. access to you might need to be an assistance including access with fuel shelter loads i, g and sanitation be 3 may because supplies and the systems and see the destruction of police. danielle, i think as a 6 the state of his red sho, in violations to palestinians ensure that its military as well as any irregular um units or individuals which may be directed to fault or otherwise influenced by it. and any organizations and persons which may be subject to its control, direction or influence, do not commit to any ex, describing 4 and 5 of both, or engage in direct and public enticing incitement to commit genocide, conspiracy to commit genocide,
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attempt to commit genocide or complicity in genocide, and in so far as they do engaged during that steps are to come towards definition person when to out take goes 123 and $4.00 over the convention on the prevention and punishment of the crime of genocide. 7. the state of these arrival shall take effective measures to prevent a destruction and ensure the preservation of evidence related to allegations of ox within the scope of ought to go to the convention on the prevention and finish amount of the crime of genocide to that. and just to visit or shall not, are to deny or otherwise to restrict access by fact, finding missions, international amended, and other bodies together to assist in entering the position and retention of said it'd be times it the state of either our shuttle submit to report to the call on
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old measures taken to give effect to this order within one week, as from the date of this order. and thereafter at such regular intervals as the cultural order until the final decision on the case is rendered by decal 9. the state of these red shudder refrain from any action and shall ensure that no action is taken, which might r growth it or extend a dispute before the cold or make it more difficult to resolve in the fault. i think the registrar immediately after the application containing the request for the indication of provisional measures was filed. the deputy registrar transmitted an original copy there of to the government of israel. he also notified the secretary general of the united nations, or according to article $74.00 paragraph, one of the rules of court, or request for the indication of provisional measures shall have priority over all other cases. paragraph 2 of the same article states that the court shall proceed to
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a decision on the request as a matter of urgency. this imperative must, however, be balanced with the need to fix a date of oral proceedings in such a way as to afford the parties an opportunity to be represented at the hearings. consequently the parties were informed at the date for the opening of the oral proceedings during which they could present their observations on the requests for the indication of provisional measures had been fixed for thursday, 11, january 2024 at 10 am. i would now like to welcome delegations of south africa and israel, and note the presence before the court and the agents and council in both parties. this morning, the court will hear the single round of oral argument of south africa, which has submitted a request for the indication of provisional measures. it will here, israel, tomorrow morning at 10 am. for purposes of this single round of oral argument, each party will have available to it a 3 hours sitting. in this 1st sitting south,
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africa may, if required avail itself of a short extension beyond 1 pm. today, in view of the time taken up by these introductory remarks. before i give the floor to the agent of south africa, i wish to drive the parties attention to practice direction 11, which dates as follows. i quote, in oral proceedings and the requests for the indication of provisional measures, parties should limit themselves to what is relevant to the criteria for the indication of provisional measures as stipulated in the statute, rules and jurisprudence of the court. they should not enter into the merits of the case beyond what is strictly necessary for that purpose and of quote, i now give the 4 to the agent of south africa, his excellency, mister this, the mozy, modern satellite. you have the 4 x on to madame president, distinguished members of the quote. it is an honor and privilege for me to appear
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before you today. on behalf of the republic of south africa, i wish to express my gratitude to the quote for convening this hearing on the earliest possible date to entertain south africa's requests for the indication of provisional measures. and this might be an obligation south africa as recognize the ongoing, not of the punish dean and people through israel scrutinize ation. since 1948, which has systematically and forcibly dispossessed, displaced in front month. that's the 15. and people deliberately denying them the internationally recognized in the rights to self determination and internationally recognize rights of retained as refugees for the towns and villages in what is now the state of israel. we are also particularly mindful of israel institutionalize redeem of discriminatory laws,
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policies and practices designed and maintained. press step is germination, subject him to publish gene and people to apache on both sides of the green line. decades long impunity for widespread and systematic human rights violations has imposed and israel and it's the cabins and intensification of international crimes in palestine. at the outset, south africa knowledge is that the genocide o x and emissions by the state of israel, individually form part of a continuum of the legal tax perpetrated against the people. but it's to me and people since 1948 the application place. this is ralph genocidal effects and emissions within the broad context of each valve. so into 5 year apache age, 56, the compassion and 16 the siege, imposed on the causes to a siege,
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which itself has been described by the director of u. n. r w a. f. as in gaza, as a silent to lot of people ask me to on the limitation of racial discrimination. one's on december 21st. i hate speech and you hear me nice and disclose. targeted palestinians is raising severe concerns regarding israel and other states. parties publication to prevent crimes against humanity and turn aside in the gaza strip. this warning has been followed by a succession of warnings, including by 57 united nations, especially on the purchase of the failure of the international system to mobilize to prevent during the sites in casa. today, we are joined in court by the present a tips of the published united states,
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the palestinians who worked in the fields of human rights, including the residents of casa, who in garza jessica, a few days ago. they are some of the lucky ones who managed to get out of cause the future and the future of the philip and the students who are still in casa, depend on the decision this quotes would make on this matter. with a leave of the coach now pulled up on his excellent seat. mister no, not the minister of justice of the republic of south africa to mix us about because substantive opening remarks. i think the agent of south africa for his statement, and i now invite the minister of justice and correctional services for the republic of south africa is excellent. see mister ronald, the miller, to take the floor. you have the floor. excellent. thank you madam president and distinguished members of the diesel for me to stand in front of you on behalf
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of publicly perfectly on this exceptional case and extending our hands across the line, the myers to the people of palestine. we do so informally that we are part of your money to does these like one? these are the words or for funding president nelson mandela. this is dispute. it didn't result definitely come accede to, to the convention on the prevention and punishment of crime of general site in 1998. this is the spirit and we to approach this quote as the contracting party to the convention. this is a commitment to the people of palestine. and is this, i like has previously mentioned the violence and the destruction in palestine and is that i did not begin on the 7th of october 2023. the palestinians of experience
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system ethical position and violence for the last 7 to 6 years on 6 october the independent 3 and the days since october, the 7th, independent to indigo. that's to be at least as 2004 is that i will continue to exercise control over the space to turn it on what tests, lynn, crossing water, electricity. and so if you need an infrastructure as well as of a key government functions, enter and exit by m and c 2 goes on, is strictly prohibited with is that i don't know, but i think the only 2 crossings point given that continuing effective controlled by isn't ireland over the to the total gaza is that i is typical and see that the international community to be under delinquent or cooperation. bye is all right. so definitely come on a google color condemned the tendency of civilians,
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but how most and other publish students. i'm groups in the taking of hostages on the 7th of a quarter of october 2023. and as i did next, president, i caught it these kind of mission most recently and is not above is what i had on the 21st of no of december 2023. that's it. no, i'm a talk on this stage territory. no meant to how serious, even in a talking, holding a closer to crimes can provide any justification for or defense to produce to the convention. where the is a mentor for low o morales. is or is that a sponsor? the 7th of october 2023. i talk has crossed this line and give rise to the breaches of the convention faced with such evidence and our duty to do what we can do to prevent general site. as contained an article, one of the convention,
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the south african government initiated this case. so the goal comes the fed, but is our lives in gauge with the case in order to have the method result by the court of the careful objective, consideration of defense and submission put before it is the part is to the convention of intended. this hearing is content is concerned with, so the request to the court for the indication of provisional measures and wouldn't necessarily have and model and a particular focus involving the words of much into the key when he said the art from the motor of, of the universe is low, always bending to was justice. so the guys case wouldn't be presented by a team of 6 click on the concepts comprising of delta, a de la c, mr. timber guns we're going to be processed. i don't to got miss blynn. the chrome
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must have next to police and profess a gun. no. do i seem senior concept? will you provide an overview of the risk of genocide, doug's in the prepay trouble, not ability to ex, of general site mr. timber guns like toby senior concept will exit mine is r as a ledge general say the intent process i don't do good see or concept with the full cost. wanted to pretty much like the diction process. i make the police say, are concerned with this cause the body else provides kind of under. but believe me, cold things concept will provide will present the argument of agency and post tension on the home and process. i got the new things concept, which is big on the provision of measures. i know would request my them president
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of the quote to call on the policy. i think i, it is excellent to mr. level and then now invites, is idealized, seem to address the court. you have the format of thank you. madam president, distinguished members of the court. it is a privilege to appeal on behalf of the republic of south africa. in this case, of exceptional importance. it's a case that i'm the scores, the very essence of our shed humanity, as expressed in the preamble to the genocide convention. it's my task to address the court on the genocidal acts that i've led to to this urgent request for provisional measures. on the article $41.00 of the statutes of the court. so
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that's a good contends that is written has transgressed article 2 of the convention by committing actions that full within the definition of genocide. the actions show a systematic pattern of conduct from which genocide can be input, allow me to place these acts in context. garza is one of the 2 constituent territories of the occupied palestinian territories occupied by israel since 1967. it is a narrow strip of approximately 365 square kilometers as depicted in the matter now displayed. israel continues to exercise control over the space, territorial waters,
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