tv News Al Jazeera January 11, 2024 2:00pm-2:30pm AST
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so the convention further protects the rights of its members to life and physical and mental integrity. the spin youngs in gaza, women, men, children because of their membership in a group are protected by the convention. as is the group itself. and the co rights are violated and threatened by a remarkable city effects outlined by my colleagues and sit talked in detail in south africa's application with supporting evidence in the speech is to this court today. so that has chosen, as you've heard, to avoid the shading of traffic videos and fights us. it's decided against turning this quote to into a fit to for spectacle. it knows as well as your excellence sees the temptation for both sides in a dispute to parade pictures to shock. but so that's like his application. and those court today is built on the foundation of clear legal rights,
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not images. the detailed material before the court is marshall to show a case for provisional measures based family on this quote's prior decisions. and saw that for cad fonts, as it's case on the basis that palestinians rights all equally as worthy of protection on the unprecedented evidence before you as those of the victim groups that this honorable court has previously protected by the issuance of provisional measures in the past the material confirms the rights and issues and the violation that israel has committed and is committing acts capable of being characterized as genocide. you have heard from miss austin about direct extermination of thousands of people and children of the palestinian population in garza since 6th, 7th. october last year, i and saw that for to end the world to give
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a stand witness to the false steve expiration of 85 percent of the population of casa from the hunt. and the hurting of them into a smaller areas without adequate shelter or medical care to be attacked, killed and home. so the rights are immediately an urgent treat in need of protection because of the on going to mile by israel of the conditions necessary for life. it is difficult with respect to think of a kara or more abundantly urgent chase. i read for sign the chief economist, that the united nations will feed program training. he will want a week ago on the 3rd of january. and i quite aren't being doing this, he said for the past 2 decades. and i've been to all kinds of conflicts and all kinds of crises. and for me, this, the suggestion in gaza is unprecedented. because of one, the magnitude,
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the scale, the entire population of a particular place. second, the severity and stood the speed of which this is happening at which this has unfolded is unprecedented. he completed in my life, i've never seen anything like this in terms of severity. in terms of scale and then in terms of speed, madam president is deem judges the co rights on the evidence provided by so that for candidates application on demonstrably being violated multiple for the statements by you in bodies and experts as well as various experts human rights organizations and institutions and states, all of which is set, talked in south africa's application, confirm as much. are they collectivity have considered the acts committed by israel
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to be genocidal? or at the very least want that the palestinian people are at risk often assign. since the application was initiated for the states 15 to date, including the arab league, and the organization of his lemay cooperation, representing 57 states, as well as other experts have expressed this support for the case been by underlining the possibility of south africa's claim for provisional measures for the purposes of indication of provisional moses the rights asserted by saw that from the end of the genocide convention. and the protection corresponds with the very object and purpose of the convention. based on the materials before the court . acts by israel complained of capable of being characterized as at least plausibly genocidal. as missing from cry, toby has explicated. the evidence of the specific genocidal intent is clear from
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the statement spies, riley, government officials and soldiers towards palestinians in garza. and which may be characterized as at the very least, plausibly genocidal this at least close about as possible. genocidal intent can also be deduced from the facts of conduct against palestinians in garza. it is also, again at the very least portable that israel has failed to prevent or to punish genocide, conspiracy to commit genocide, direct and public incitement to genocide attempted genocide and complicity in genocide. and it just further probable that south africa has an obligation to prevent the genocide increasing by taking all reasonable measures within its powers to influence effectively the actions of persons perpetrating. and like you to commit genocide or engaging in direct to public incitement to genocide. so let me
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be care saw that because obligation is motivated by the need to protect the palestinians in gaza and their absolute rights not to be subject to genocide of that much for spending in contest to be serious nature of the allegations against israel. the court should not be required before granting provisional measures to ascertain whether the existence of a genocidal intent is the only plausible inference to be drawn from the material before it. that's what amount to the quote. making a determination on the merits. more of a saw that for to has stressed the any multiple if it's by israel to destroy from us does not preclude genocidal intent by israel towards the whole or part of the palestinian people. in garza, evidence of other motives explaining its conduct as a perpetrator will not save israel from a funding,
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but it also possessed the requisite genocidal intent. and because of a fundamental feature of genocide, namely that the probably emissions on genocide and associated defenses are, you can see nature. they are subject therefore to no exceptional qualification. they are absolute in nature, in times of war and peace, always and everywhere. for the more the fact that the alleged tax might also be charged to us as crimes other than genocide should not exclude the plausible inference of the existence of genocide or intent. as the un 60 general, the state to the prevention of genocide is intrinsically connected to prevention, crimes against humanity and war crimes. as these crimes tend to occur concurrently in the same situation rather than as oscillated events. consequently, he said initiative aimed at preventing one of the crimes what he most circumstances
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also cover the others. and as also sit talked in the aisle, see articles on state responsibility. the wrong for act of genocide is generally made up of a series of acts which are themselves internationally, wrongful man, and president hon members of the court. so that's a cause claims, best concern in the 1st place, its own obligations as a state party to the genocide convention, to act, to prevent and punish genocide in the application so that it has stressed that it is acutely aware of its own obligation as a state party to on pension to prevent the genocide. indeed, this court has recognized the universal character both of the condemnation of genocide and of the cooperation required in order to liberate mankind from such an odious scourge. as the probation of genocide is assured, the peremptory norm of international law or use code guns, it is crucial that states pursue their interest under the convention in ensuring acts of genocide are prevented. additionally,
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due to the special characteristics of the genocide convention, the respondents states those that gigi not to any to the palestinian people, but to all states parties to the genocide convention, including south africa. this has been emphasized repeatedly by this quote and most recently and again, because with the court held and quote, all the states parties to the genocide convention have a common interest to ensure that acts of genocide are prevented. and that if they occur, there also is too much enjoy impunity to that coming interest. cit. the court implies that the obligations in christian owed by any state party to all the other states parties to the convention. similarly. ringback the court has reiterated that in such a convention, the contracting states do not have any interest so they own. they may already have one end or a common interest, namely, the accomplishment of those hod purposes,
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which are the rays on the extra of the convention. accordingly, any state party to the genocide convention and not turn the specially effective state main vote. the responsibility of another state party with a view tests attaining the alleged failure to comply with its obligations bigger on those parties and to bring that failure tenant. that means that south africa is the searching both a collective and an individual right. it is best beyond docs that so that because entitled to invite the responsibility of israel under the genocide convention through south africa's interest in the common interest. and is a state party to the genocide convention itself. it is entitled to safeguard compliance with that instrument. as this being explained, the events unfolding and gaza at the hands of these riley forces, or frightening the unprecedented if what this court is being off to do in these
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proceedings, interdicting genocidal acts on an interim basis is sadly by no means level in relation to genocide the court has indicated provisional him is an analogous circumstances to these in the can be a case where as to the state sort provisional measures on the basis of the book on those right, that the genocide convention be complied. this also in respect of genocide, the court did the same in the bosnia and ukraine cases. and most recently, this court further accepted the big on this character of parties rights in relation to the torture convention. so south africa respects the contents that in this case, the rights of the palestinians in gaza on no less worthy of this quote's considerable protective power. and the article $41.00 to issue provisional measures this quarter cannot but find as it didn't again be
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a case where this court held that there is a correlation between the rights of members of groups protected under the genocide convention. the obligations incumbent on states parties the to the rights of any state party to see compliance they with by another state party. so that because request therefore complies with the article $41.00 that this quote statute and engages the power of this court to prevent, to preserve by such measures the rights which may subsequently be judged by it to belong to either party. so difficult a request this court to discharge that critical protect of power and sought i forget that. so by virtue of its own. yeah, right. and solemn obligations held towards the international community as a whole for the quote to indicate one or more of a visual measures, they must also have the link between the rights, the protection of which is sold, and the provisional measure being requested, century link manifestly exists. we say,
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between the rocks plain boss of africa and its application, and the provisional missions requested which are directly linked to the rights which form the subject matter of the dispute. the provisional measure sort therefore insure the protection of rights, which might ultimately form the basis of a judgment in the exercise of the quotes of jurisdiction in due course. the rights at stake in these proceedings austere to meet at least plausible is grounded in a possible interpretation of the convention. and as the convention imposes on parties the obligation to prevent and punish genocide and the article one. and in doing so intends to protect groups and parts of groups from genocide. the convention was designed to protect both states parties and human groups. when x and breach of the conventional perpetrated, which is the fundamental rights of people and the relevant groups that are violated . bose fundamental rights of palestinians and gaza would be the subject of any
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judgment, but this quote on the merits. madame president, members of the court to find otherwise, we're not need be to treat palestinians differently as less square the protection than others. it would also be for the court try and judy limited so incompetence to turn its back. opponents extensive pride jurisprudence and to close the size to the breach of the rights which lie at the heart of the convention. and which preachers by taking place in gaza. rock now, as i close, madame prison, i ask you now to quote business verbally kaycee to the page, you will address you under risk of further genocidal facts. the risk of a ripple hom and agency. and i thank you for your attention. i think professor into plessy and i now invite, there's been plenty raleigh to take the floor. you have the format. i'm
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not crazy. don't madame image surely issues sit down content not coma? could if i had put it on, i called in over to get them all i left for i'm privilege in new pittsville february to do it place onto left you suit don't set that fair. didn't see con, heavy to in the we exempt of the, you know, sense of the cover, the introduced proceedings of the international law offices of south africa, the case janet is on underneath acumen and as well off of the genocide kit. and then it's on gaza. we are listening that i believe that is the 1st non south african advocate representing south africa. that is irish advocate, lynn gray, who is now addressing the international court of justice. she is speaking french edmonds, i repeat that we have a translational decal to us. he does have all right,
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well we will wait for a translation on that. but so while we wait for that, let's or i believe we have to translate from the senate emetrius before that i should like to address south africa. sincere apologies to the frank preferred members of the court for not having made any of it. submissions in french, south africa would ask you not to regard this as the lack of courtesy on its punch . if you will allow, i shall now continue my pleadings in english. madam president, members of the court, there is an urgent need for provisional measures to protect the palestinians in gaza. from the rep for the prejudice caused by is rose violations of the genocide convention. the united nations secretary general and its chase describe the
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situation in guise at variously as a crisis of humanity and living how a blood bath, a situation of archer, deepening and unmatched horror, where an entire population is besieged and under attack, denied access to the essentials for survival on a message scale. as the united nations under secretary general for humanitarian affairs of state to last friday. and i quote, data has become a place of death and despair. families are sleeping in the open temperatures, permits areas where civilians were told to relocate for their safety of come under relentless attack bombardment. medical facilities are under relentless attack. the few hospitals that have partially functional are over found withdrawal. my cases,
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critically short of all supplies and inundated by desperate people seeking safety. a public health disaster is unfolding. infectious diseases are spreading and overcrowded shelters. a sewer spillover. some a 180 women are giving birth daily image. this k of people are facing the highest levels of food and security ever recorded from and is around the corner for children. in particular, the last 12 weeks have been traumatic. no food, no rush or no school, nothing but the terrifying sounds of war day in and day out. guys, it has simply become uninhabitable. it's people are witnessing daily threats to their very existence files the world watches on end quote.
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the court has heard of the who are successful under the more than $7000.00 to palestinian men, women and children reported missing, presumed dead or dying slow excruciating depths trapped under the rather report cecilia executions and torture, and is treatment her mounting as our images of decomposing bodies of palestine, young men, women, and children, left on the battery try. they were code some being picked upon by animals as it is becoming ever clearer that huge slaves of gaza, entire towns, villages, refugee accounts are being wiped from the map as you have heard. but it bears repeating, according to the words to the program. for out of 5 people in the world in simon, or a catastrophic types of hunger are in gaza right now. indeed,
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experts were in the depths from starvation and disease missing significantly out. stripping desks from bombings. the daily statistics stands is clear evidence of the urgency to be a rep for blood pressure. this on the basis of the current figures, on average, $247.00 palestinians are being killed under at risk of being killed each day. many of them literally blown to pieces. they include $48.00 to mothers each day to every hour. and over $117.00 children each day leading unicef, dakota is rose actions a war on children on current rates rich. so tell no sign of abating each day. over 3 magics, 2 teachers. more than one united nations employee. i'm more than one journalist
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will be killed. many find at work or in punch appear to be target to the tax on their family homes. so far they are showing. the risk of simon will increase each day. each day, an average of 629 people will be wounded some multiple times over as they move from place to place, desperately seeking century. each day, over 10 palestinian children will have one or both legs amputated. many without on the step as each day on current rates, an average of $3900.00 palestinian homes will be damaged or destroyed. more mass graves will be dug. more cemeteries will be bulldozed in fountain courts. his violent b zoomed, denying even the dead and the dignity or peace each day. ambulances
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hospitalized magics will continue to be attacked and killed. the 1st responders who have spent 3 months without international assistance trying to dig families out to the rebels with their bare hands will continue to be targeted on time and figures. one will be killed almost every 2nd day. sometimes and attacks launched against those attending the scene to rescue the wounded each day, yet more desperate people will be forced to relocate from where they are sheltering . a will be bombed in places where they have been told to evacuate to entire multi generational families will be obliterated. and yet more palestinian trip children will become w. c. n s. s wounded charge, no surviving family. the terrible new acronym bore now to these rows,
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genocide will a search on the palestinian population in gaston there is an urgent need for provisional measures to prevent eminent, irreparable prejudice to the rights and issue in this case, that could not be a clearer or more compelling case, in the words, to the commissioner general. if the united nations relief of mark's agency, there must be an end to the destination of gaza and of its people are turning to the courts. pace slow as the court has recently reaffirm each and i quote, the condition of urgency is match for an act susceptible of causing a rep for blood pressure. this can attach any moment before the court makes the final decision on the case and quotes. that is precisely the situation here. any of those matches to which i have referred time and are occurring at any moment
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. united nations security council resolutions demanding approach the immediate safe on hinder delivery of humanitarian assistance at scale to out gaza and for rapid, safe and unhindered humanitarian access. and quote, remain on implemented. united nations general assembly resolutions calling for humanitarian ceasefire have been acknowledged. the situation could not be more urgent. since these proceedings were initiated. on the 29th of december 2023 alone, an estimated over 1703 palestinians have been chosen garza and over 3252 injured. as to the criteria, never rep for blood pressure this for decades. now, the court has repeatedly found it to be shots, aside in situations where
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a serious risks arise to human life or to other fundamental rights. as in the cases of georgia, russia, and armenia, azerbaijan, the court ordered provision on measures having found a serious risk of their rep because of prejudice, by hundreds of thousands of people had been forced from their homes. in ordering provisional measures in the last year case, the court note to the context of, i quote, the long standing exposure of the population to a situation of other ability. including hindrances to the importation of a central goods causing shortages of food medicine and other live site saving medical supplies and quotes in gaza. as you have heard, nearly 2000000 people over 85 percent of the population have been repeatedly forced to flee their homes and shelters. not just once or twice, some $34.00 or more times over,
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into shrinking slivers of land for they continue to be bombed and killed. this is a population that israel had already made vulnerable to searching through 16 years of minutes, the blockade and crippling the development. today is ro sentences to the m 4 to suit under center license approach guys to, to, to bring assignments with adults. mothers, fathers from parents regularly foregoing food for the day, so that children can eat up to something medicine shortages and the lack of medical treatment, clean water and electricity are so great that large numbers of college students are dying or to or imminent risk of dying preventable death, cancer and other services have long shut down. women are undergoing sincerity
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infections without misstep, checked in barely functioning. hospitals describe the scenes from a higher movie with many undergoing otherwise are necessary hysterectomies. and then in an attempt to save their lives. in the canada, syria tortured case, the court made clear that i quote, individuals subject to torture and other acts of food and human or degrading treatment or punishment, or serious risk over at cooper project as what palestinians in gaza are also at risk of such a rep people prejudiced with videos as palestinian boys and men rounded up in strict and degraded broadcast to the word along side footage of serious bodily harm and accounts for serious mental harm and humiliation. and cats are united arab emirates. the court considered provisional measures to be justified, having regard to the risk of
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a rep petri dish deriving from fact to such as people being forced to leave their places of residence without the possibility of return the psychological distress of temporary or potentially ongoing separation from their families and the harm associated with students being prevented from taking their exams. if provisional measures were justified back, how could they not be in gaza? for accounts assemblies has been separated. with some family members has like 218 hundreds, right? e mail it to you or does i know they're staying behind? i checked the stream risk to care for the wounded, infirm, and the elderly husband fathers and sons being low, round it up and separated from their families. taken to uno locations for indeterminate periods of time. in the katara case, the court issued to provision georgia for harm to approximately a $150.00 students was an issue. in gases,
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625000 school children have not attended school for 3 months. with the united nations security council, i expressing deep concern, i quote that the disruption of access to education has a domestic impact on children. i'm not conflict because lifelong effects on their physical mental has almost 92000 published in and university students cannot attend the university in gaza over 60 percent of schools. almost all universities and counselors, book shops and libraries have been damaged or destroyed. and hundreds of teachers and academics has been code, including deans of universities and leading color, student in scholars obliterating the very prospect for the future education of guys as children and young people. notably,
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the court has found positional measures to be justified in all 3 cases where they were previously saw in relation to violations of the genocide convention. it did so in boston, in serbia, in 1993 finding on the basis of evidence that was sent to me no more compelling the not present presently before the court. that it was sufficient to determine that there was an approach, a great risk of acts of genocide been committed to court town provisional measures to be justified in the going beyond me on my case on the basis of a risk of a rep for blood pressure. just as a rowing get subject to coach mass killings as well as between the destruction of villages and homes, denial of access to food shelter and.
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