but that is the only point. it's not just a question of scale and indiscriminate killing. it's also a question of intention. if any, i'm going to treat operation no matter how carefully it's carried out, is carried out pursuant to an intent to destroy a people in whole or in part. it's violates that you need the genocide convention and it must stop. and that's why, oh, the treat operations capable of violating the genocide convention must 6 the request is for in order that both these re allow south africa are in accordance with their obligations under the genocide convention in relation to the palestinian people. take all reasonable measures to prevent genocide.

the 4th and 5th measures then spell out to use general big ations in terms of the specific instances of offences listed in article is 12, and 3 of the convention. the 6 requested measure address is the fact that, aside from its own acts, the government of israel is legally bound to prevent and punish offers who engage in orange sites or activities support conduct that violates the genocide convention. to until the reported intervention of the attorney general. so to 6 hours ago, his riley also roaches appear to have done practically nothing. to stop the flow of getting a side or rhetoric. including statements emanating from the ranks of public officials

. indeed, the total ration even normalization of such incitement has become a matter of concern with israel itself. but that is why this measure is so this case is important. lives are at stake. israel's credibility and reputation, or stake. yeah, evidence that could determine whether or not particular acts violate the genocide convention is being lost or destroyed. while fact finders and foreign journalists are unable to report freely from gulzar. hence the 7th request, which is for an order directing the preservation of evidence. and finally, south africa us. so the cool require a specific reports for ms. ray alone,

walk you to is doing to implement the order general assurances on don't see enough reports published by the court. an essential element of accountability to i should address the question of self defense. in this advisory opinion, in the will case, the court noted the fret, the jews royal, had argued, justified the construction of the wall was nothing pupil to a foreign stage, but emanated from tara tree. the occupied palestinian territory over which israel itself, exercises control. for those reasons, the court decided as a matter of international law, the rights of self defense under optical $51.00 of the charter. the un charter had

no relevance in such circumstances. 20 days to go to the security account council. if um you get again the gaza is occupied territory. so its way refers to a complete withdrawal from gaza. he says, retain control over gaza over accessed by land, and cna, and the key government to function with some supplies of water, electricity. it's talk as of its group may have read that no one can doubt to keep continuous reality of israel script on garza, the courts legal holding from 2004. how good of a similar point has to be made here? what is riley is doing in gaza? it is doing the entire tree under its own control. its actions are enforcing its occupation. the law around the self defense on the elliptical

$51.00 is the un charter has no application but that is the main point. the main point is much simpler. it is that no matter how long strips or a pulling an attack cool provocation, genocide is never a politic response. every use of force with a used in self defense or then forcing an occupation or in policing operations or otherwise must stay within the limits set by international law including the explicit judy and i think one of the conviction to prevent

genocide so it's not for it could be used to the publicly available evidence of the scale of the destruction resulting from the bombardment of garza and the deliberate restriction of food. bullshit. metz, unless i do lecture such, are you available to the population of casa deadman scrapes that the government of israel? no jewish people is really citizens, the government of israel, and its military is intent on destroying the palestinians. garza as a group and is doing nothing to prevent or punish the actions of others who support . that's a i repeat. the point is not simply, this is really is acting disproportionately. the point is to the prohibition on genocide is an absolute pair rep,

pre rules rule. nothing can ever justify genocide, no matter what some individuals within the group of palestinians in ga us and may have done no matter how great the threat to his regular citizens might be. genocidal attacks on the whole of garza, the whole of its population with the intent of destroying them, cannot be justified. and no exceptions can be made in the provisional measures order to allow a state to engage in action, the civic capable of file a ticket supplications under the genocide convict. it is often couple that the court would ever do such a thing. that is a simple point to this case. genocide can never be justified in any

circumstances. is what does that tend to be examined closely? methodically at the marriott stage when the cold we want to hear what israel has to say in its defense. what matters now is the evidence indicates that israel's actions have finally tickets obligations under the genocide convention that they continue to violate them. by this way, is this the tooth street didn't tendons to continue some. this is where it'll be sites. so it's, it will comply with all of its obligations under the genocide convention and the orders from the quote and not necessary. but in previous cases, the court has held that sucks you deluxe real statements do not remove the risk of irreparable prejudice or create the need for a court order. in this case, we're using for doubting the ethic to see if any such utilize undertaking is rails

. a parent and the ability to see you as a teacher has done anything wrong in grinding gaza, and it's people into the task. another reason is that the departure from will read interpretation of any utah natural undertaking by israel may lead to consequences. so a pointing to the risk simply cannot be take the risk of surgery using this was noted during the submission was to this course in the case conserving the reservations to the genocide convince in 1951 quote, the obligation to submit disputes concerning the interpretation or execution of the convent to the international court of justice was regarded as one of the prime guarantees of the jew fulfillment of the basic obligation to prevent un

publish the crime of genocide and quote, the role of the cold, which unusually extent, as most only to the interpretation and application of the convicts but also to its fulfilment is pivotal. in addition to the substances obligations under the convention, it is vitally important the states respect the court and the procedure obligations. this is not available to the court to sit back and be silent. it's necessary, it's such a search, it's so far ot i didn't itself border compliance with the obligations under the genocide convention. indeed it's hard to think of a case in recent history which is being so important for the future of

international law. and of this quote, let the person members of the quote that concludes my submission. right, thank you for your attention and the list. so i could help you further. i'd ask you cool on the south africa's agent to read out the request for really? i think professor lo and i now invite the agent of south africa, his excellency, mister mussa, mozy, my don't seller to address the court. you have the floor, excellency, but the i'm president. it remains my own a to reach t o x and then sees the provision that amazes puts up with uh, requests from the quote. to have had the reasons set out which justify the managers being sold to some of the indication of probation on measures is we

recognize without prejudice to the merits of the underlying claim. yet the evidence at this stage indicates great violence and genocide on acts against the palestinians in gaza and fragrant contravention of the genocide convention and increase of their rights so that the guys come to this quote to prevent genocide us and to do so in the discharge of the international obligation, the address on south africa and all other states under the convention. the consequences of not indicating the an particularized specific provision on managers and not taking steps to intervene while it is out of district guards. it's engineers on obligations before our eyes. woods,

we fear be very brave indeed for the palestinians and gaza who remain at the rear risk for the 2 on the sidelines for the integrity of the convention, for the rights of south africa. and for the reputation of this quote, which is equipped with muscles exercise this powers to afford an effective for and is ation of the lights on the convention. that means, with respect to the supplement, indicating the provision of managers being sold just by south africa as well as any others. in addition, which the quote might deem appropriate. justice and deeper respect for the rights of other students. buttons overwhelmingly in favor of these critically, at

a quiet provision, i'm anxious, but i'm president. i now proceeds to read the majors requested by so i was left with you on the basis of effects set forth about south africa and the state party to the convention on the prevention and punishment of the crime of genocide. respectfully request the quotes as a matter of extreme agency is pending the cost determination of this case on the mattress indicates the following provision on measures in relation to the posting and people as a group project. it's part of the genocide convention. these managers directly linked to the rights that from the subject matter of stuff topic that's disputes with each one. the state of his final check show immediate suspend it submitted to the operations been and against casa to the

state of israel, shut and show that any made a treat uh, irregular units which may be directed, supported or influenced by it, as well as any organizations. and presidents, which may be subject to its control, direction or influence. take no steps in fact that any of the military operations. but if at 2 in point one above $330.00 popular club south africa and the state of his shot each in accordance with the obligations under the convention on the prevention and punishment of the crime of genocide in relation to the publishing and people take reasonable measures within their power to prevent the genocide for the state of israel shaw quoted. and so with this publication is found at the

convention on the prevention and punishment of the crime of genocide in relation to the front of june and people as a group project. it's by the convention of the pension and punishment of the time of genocide. desist from the commission of any and all acts within the scope of 2 of the convention. in fact, took a lot, a getting members of the group be costs and see that's for the need for mental home to the members of the group. see deliberately inflicting on the trip. conditions of life, kind of related to bring about its physical destruction. info on info and di imposing measures intended to prevent brett's within 55 the state of israel. so best went to point 4 paragraph see above in

relation to the palestinians. this is from and take all measures within its power, including the sending of relevant orders of restrictions and all prohibits and to prevent a the expulsion and force displacement from their homes. be the dip prevention off access to adequate food and water, access to humanitarian assistance, including access to adequate fuel, show to close gene and sanitation. the medical supplies and assistance and see the destruction of palestine and life in gaza. number 6, the state of east charles in relation to palestinians and show that it submitted 3

as well as any regular units for individuals which may be directed, supported or otherwise influenced by its ended organizations and persons which may be subject to events control directional influence. do not commit any ex, describes in 4 and 5 of off as well. and gauge indirect and public insight meant to commit to genocide. conspiracy to commit to genocide attempted to commit to genocide a complicity in genocides and sofa as they do engage very. but steps are taken to what's the punishment placements to articles 123, and $4.00 of the convention on the prevention and punishment for the crime of genocide. number 7, the state of these uh,

so take effective measures to prevent that destruction and then show the presentation of evidence related to allegations of experts within this scope of article 2 off the convention on the prevention and punishment of the crime of genocide to that. and the states of israel, so not x to deny or otherwise, district access by fact, finding admissions, international mandates and other bodies to gaza. to assist in and showing the preservation and attention of said evidence number 8. the state of is out shelves, supplements and reports to the court on all measures taken to give effects to this folder within one week, as from the dates of this folder. and then after it's such regular intervals as the court shall order, until i find out what decision on the case is rendered by the court. and that

such reports started be punished by but published by the quote, i bet your phone. number 9, the state of israel show the frame from any action and show and show that no action is taken, which might, aggravates or extend the disputes before the court or make it more difficult to resolve. thank you madam president and distinguished members of the quote that concludes south africa address. thanks. i think the agent of south africa lou statement brings to an end the single round of oral argument of south africa as well as this morning sitting. the court will meet again tomorrow. 12 january 2024 at 10 am to hear the single round oral arguments. israel. the settings are you're all watching ultra 0 and the, the quote, the trends in the hague. the international court of justice presided by

joan donahue. the judge from the united states 15 permanent members of that court, plus a judge from south africa and a judge from israel sitting 17 of them. now, agend until tomorrow when they will then reconvene to here is rails a side of the story and that case and rebuttal all the petition made by south africa. let's join thomas mcmanus, director of international state crime initiative at queen mary university join us from london. thank you for being so patient. i know it's been a very long process this morning and we've been getting in and out of your comments as we've gone. i wouldn't mind getting an overview of how you think the south africans have presented that case in terms of how it's being very finely divided and presented piecemeal. not just for the cool type thing,

but also for the international audience or yeah, i think that's royce, but the, the, the lawyers are thinking about the court and they speak to the court. but they're also thinking about who's watching. and their presentation was, frankly very impressive. they, they set out in a very concise way and some devastating accusations and, and put the strong together in such a, a legally found way, an understandable way. and also trying to make, you know, some predictions about what might come back tomorrow as a rebuttal. and the way they set it out with the conduct and then the intent, those are the 2 elements of a criminal case. and then going on to talk about jurisdiction, the link between the rights under protection and the, the measures required. but also then going into the urgency and that was one of the

most devastating, i think for israel's point of view, part of the presentation laying out why this is urgent. why this needs to happen. now these measures indeed as an lawyer after lawyer had a particular part of the argument up the petition to present. and i was just wondering, uh all those, i mean initially i didn't have him set the scene. did she notes when she just really told the cold why they were here and what the main issues were behind the petition and why it needed to be presented in this way? by so many lawyers within that band. so yeah, and every lawyer have a very distinct, an issue that they were dealing with. so we saw 1st the conduct where we have an interesting looking at the condo. we've only saw a quote from you in a agencies and you and officers have to remember the international court of justice

is that you and body not like the icpc, which is independent of the united nations. so they're using only the evidence of the basically, you know, reflecting back all to the court, the evidence of their own agencies, their own officers. and then moving on to intent, which in uh, with the genocide is usually the most difficult part to prove. and, but it has been made easy by the decorations, by members of the israeli space. um, i'm not just, you know, talking about the intentions that we've seen from pronunciations and the rest of it from the israeli government. but trying to link fast to the behavior of soldiers on the ground. this again is preempt any rebuttals that might come tomorrow. let's say that you know, there's no link between the ideas, behavior. what might be said by government officials. but we see the case in south africa set fire, how about actually they are intrinsically length. i'm moving away from the conduct

where we have the un being quoted. we moved on to the intent to where we have the, the state of israel being quoted. and then we look at the foot soldiers looking at the videos and things and linking those tools together and the various things and a very impressive way. one thing that was quite evident was the way in the presentation. the lawyer is trying to separate. the comments made by politicians and by the military and is royal to what is expected of a solver in stage when it comes to protecting the public. and also recognizing the road leading to genocide and the checks and balances that need to be made before you get to the g was and yet many who are criticizing as well right now it's saying well in fact both of those angles of marriage together, it is the state making those comments. so how can it stop itself?

yeah, and that is, you know, an interesting question. how are we going to get a state that deny the genocide is happening to stop the behavior, which is the genocide lend itself. and the sub african case legs are quite clearly how the pronouncements by members of the government creates this kind of policy that can be inferred by anybody else on the ground and by their own military stuff is create an atmosphere and created a kind of a, an environment in which those troops now understand that it is government policy to destroy java. and i'm linking those 2 things together is show as being the general file intent. and it's going to be very difficult for israel to say that that's not at least a plausible conclusion. where of course,

and not the marriage stage. yes, we don't need to look at any evidence. but the to argue that it's not plausible, but these, these, this incitement of genocide which is not being published by these riley space, which is another element of genocide. to argue that this is not plausible to genocide, is going to be extremely difficult. one of the things we did have from, from progressive online, it was the argument around the debate that has happened over the last 3 months of each row, continually saying, we are acting in self defense. that was completely, you might say the rug was pulled from underneath the feats of that to argument when you were to keep hiding. so you haven't, we don't have that right. the best. right? you don't have that rice now there, there, there might be some, a scope for arguing that israel is no longer occupying that they, they have roots rolling in our, on our c aging instead. but, but that is something that, you know, on the face of it doesn't seem to be the truth of the case. and um, the, the,

the lawyer quoted the security council which says that is certainly not the case. but that is one of is rose only kind of few legal arguments that they can make. so they can say, listen, the, the obligations under the genocide convention time to interfere with their obligation to self defense. what does he say? that's a very weak argument to the bottom, and self defense is designed to defend yourself against other states, not to defend yourself against your own territory. so it can be very hard to argue that the other argument they could make is maybe that there, they have no genuine dispute with south africa on this issue. again, the scope, the scope for the court, the court is quite wide, bought that they understand as a dispute and simply saying, but you think genocide has been carried out on his route responding that it is and that is enough to establish a dispute. so what are left with and i think what we're going to see is israel speaking to the world and trying to use graphic image is trying to use videos to,

to blame the victim. basically what's finally called the great social that is criminal is just would call a denial of the victim saying, listen, we're actually to fix them. we're the ones under attack and whatever we do is justified. and that has no legal ways but, but they want, they want to speak to the world while they have this platform. thomas mcmanus, that dr. silva international state crime initiative at queen mary's university in london. thanks very much for joining us this. thank you. let's go save it to our correspondence to boston, who is the international court of justice. also listening to what's being said, the quote has agend. obviously for the day we'll reconvene again tomorrow for you step what with the saving and points that was you were listening and well, we have just listen since we very compelling the hours of very detailed descriptions of what the south africa size is

a very compelling case. of the agenda side, that israel is now committing in a guideline, at least also not preventing what we heard at the end. there was very important because south africa is now asking for provisional measures, an urgent, very urgent as south africa has this private injunction. so what they asking the court is now to very quickly decide on this order to asked israel to order israel to stop whatever it's doing the military operation at the moment in gosh, i'm also stop the mass displacement, stop the pricing and guidance of food, shelter, water a health care and also a stop destroying palestinian life in general of its culture, its histories, its memories, its future. it's a fairy brought out lights.