genocide is indeed a difficult balance for the cold. the cost of stated, the walk is required at this stage is to establish whether the acts complained of are capable or fully within the provisions of the genocide convention. but the ox complained of might only be capable of falling within the provisions of the genocide convention if the intent is present. otherwise, such acts cannot constitute genocide. defective intent colors. the whole question of all to go to fax the words. that's the reason conversation evidence that the x box may fall within the convention, necessarily imposing the intent elements being established such so that's like a accepts the need to demonstrate content. it's refer to the concept of specific

contents in his application, both generally and in the specific context of his discussion of the codes problem deficient jurisdiction and professional measures. proceedings. indeed, south africa placed a considerable emphasis upon intense and it's pleadings yesterday by may seem mister and good. hi toby default to this whole pleading for this requirement. as far as the acts are concerned, in this case, there is least will be owned, run the sessions, to demonstrate that israel has or has have the specific intent to destroy in how low in pots upon the stream. and people as such the intention sites with the 7th of october atrocities. i'm the continuing rockets file and the incarceration of the hostages, the funds of israel to act in order to defend itself, to us,

to terminate strikes against it on rescue. the hostages certainly exists the intent to deal with your militants upon mass. another such groups is undeniable whatever the case which we denied that is riley forces of transgress some of the rules of conflict. and the mass that would be tackled up to the appropriate time by israel as robust an independent legal system. the fact is no fee and tend to destroy old whole parts of a people as such as rose actions seemed restricting is targeting practices to attack military personnel or objectives. in accordance with international humanitarian law. and they proportionate mazda in each case, as well as its practice of mitigating civilian hall, such as by full warning civilians of

a changing action by the unprecedented and extensive use of telephone calls, leave flitting, and so forth. coupled with the facilitation of humanitarian assistance, all demonstrate the precise opposite of any possible genocidal intent. south africa and seeking to discuss the necessary intent presents 8 this bill to the picture. the miss understands the nature and providence of certain coming of comments made by some is riley politician slightly trying to explain. the big picture of israel possesses a clear, excuse me, clear defective structure of authority with regard to governmental decisions. the work gains from us is managed, comprehensive,

the governments by 2 central organs for ministerial committee on national security affairs. but will excuse me, on the will cabinet, is allowed to established for the purpose of managing the war by the full ma. v 's bought these make the relevant decisions regarding the was conduct according to his railey low, the decisions of the government and these committees, obligates, administer as of the government in accordance with the principle of collective responsibility. it is the collective decisions of these bodies, which all of the binding provisions in question. apartment assistance at the head

of these organs decides on the agenda of the meetings stairs there activity on, summarizes the meetings and the instructions issued. so right to make it clear, in order to determine the policy and intentions of the governments of israel, it is necessary to examine the decisions of a ministerial committee on national security of 1st of all cabinets. and to examine whether the particular comments expressed console or not. the policies and decisions made the best to produce random quotes. i saw nothing conformity with a government policy produced as describing is misleading. best such as the statement by the minister of heritage for example, who is completely outside the policy and decision making process in the will had

the event. the statements was immediately repudiated by members of the will cabinets and of the ministers, including the prime minister. and tap one a if they fall in, which is rather submitted to the cost. well, may find numerous accepts from internal coveted decisions, but the test to is rails prove, intend throughout this war. for example, one finds the instructions from the prime minister and amazing of the ministerial committee on national security if us from the 29th of october, stating the following one. the prime minister stated time and again, we must prevent humanitarian disaster to the prime minister indicated the possible sol. so solutions that they will ensure required supplies of all the food

and medicine. increasing the amount of trucks entering is that necessary inspections free. promote team the construction of field hospitals in the south of the gauze. the strips to reemphasize. this is a directive tool, services. nothing less trouble and a contains a considerable number of similar directives emphasizing the need to avoid home to civilians and facilitates humanitarian aid, genocidal intent. let me turn to the i d. s to this is this, like every, all me is a hierarchical bought dates that operates by way of oldest from superiors. others has it by the chief of the general staff remarks or actions of a soldier. do not come north reflects policy and

tab one be well may find a daily operational directive which i understand is repeated day by day issued by the operations direct sorts of the ideas stating that attacks will be so lead directed towards military targets. while i'd see a ring to the principles of distinction for so now let's say the obligation taking precautions in a tax in order to reduce co op food damage. this is a direct if it binds o d f forces. it continues by stating that the lowest of um conflict allowed destruction to civilian prophets say only when there is a military necessity to do so. on pro, hey, big tom to prophecy for, to terrence purposes only, or for the purpose of punishment, individual or collective. it emphasizes in the past,

it is necessary to treat and let me civilians with respect. they should not be cheated in a humiliating humiliating manner and civilians should not be used for the purposes . for the purpose of performing activities that might put them under risk to the life. ready that body fish is a monday to read instruction effective since the status of the war type will be contains many similar provisions which are themselves only an illustration of many of the such directives, orders and procedures. further on the 28th of october, the 5 minutes stuff publicly declared that the i d. f is doing everything possible to of. busy the timing that was not involved on the 18th of november, because the 1st of all, i left the old house,

this route actually according to the laws of will. this is how our all me works. administrative defense publicly stated it on the 29th of october. that we are not fighting the policy and the multitude on the palestinian people. garza advocate on the 13th of november that i will is a gauge the hot mass terrorist organization. not the people of gauze of again, the president to this route to cut on the 12th of october. we are working, operate the medical release, according to the rules of international law period on the country. we have collated numerous such statements by the precedence by the prime minister, by the minister of defense, by the idea of spokes person. and of this in top to above volume seems this is such a critical path of south africa spaces. permit me to refer to to further statements

by the prime minister i saw with the most recent 10th of january. israel has no intention of pregnancy occupying gaza, or displacing a civilian population. his route is find to how much terrorist no deposit student in population, how many on doing so in full compliance with it. so that's the low the, the idea is doing is up most to minimize civilian casualties by somebody else is doing it the most to maximize them by using palestinian civilians as human shields. d. s. a just palestinian civilians to leave was by disseminating leaflets. making phone calls, providing safe passage. colorado's hot mess prevents palestinians from leaving a gun point and often with gun file. our goal is to read garza of mass carol rich and free our hostages. once this is a chief cause a company, de minutes arise,

the radicalized that by creating a possibility for a better future. for is read, i'm palestinians. i like 23rd of november prime minister, and that's on, you know, 6 of that, and the civilian. and this is that project, they send the wrong and to avoid that much you do is 1st you try and get the civilian out of homes way and that's exactly what we did. so there are many more of the say, any kind of full review of the official and binding policy decisions made by the rather than so far as he's in israel. since the outbreak of the will clearly evidence, the sex decisions lack and the geno side, the intent a culture rate is true. felt indicative of the consistent and relentless commitments of is really relevant so far,

which is to mitigate civilian home and to leave the civilian suffering. garza some of the comments to it. so if i for go 1st all k, the rhetorical, imagine the immediate aftermath of a new event which severely traumatized israel, which cannot be seen as demanding genocide fix, press english and the assess the day to restore control over israel's own territory . and just to vs direct on safety to it, citizens expect it to come. tom co husband noted sometimes statement is all made which are nothing more than a pulse of the recent whole time rectory intending to put the blame and shame on the other side. not to be totally familiar, but not to be ascribed unimportant which belies how. when they were made nor of legal significance. let me refer to one further mazda of some

biblical moments to mr. dice. the applicant referred time, but again to 2 statements by these riley prime minister, where he said, remember what a mother said to you on the tax. great importance to which as part of the occupants that israel has demonstrated in genocide so intense. there is no need for a c or logical discussion on the meeting of a malik in judaism, which was indeed nothing disturbed by the applicant. let me just turn to the prime minister statements of the 28th of october, which was partially misleadingly quoted yesterday. he said, we are now entering the 2nd phase of the will, which is subjective to clear destruction of the military and cause a mental capabilities of a mass on the return of the hostages by co. and the last couple of days i have met

with our soldiers and the bases in the field in the north and in the south. remember what a mile act has done to you. we remember we are fighting in front of our brave and here of soldiers. there is one pri mission to defeat that murderous and it'd be as secure. our existing cit now allowed. the idea is the most model on the in the world. the idea does everything to avoid calming the uninvolved top 3 lists and addresses additional examples of misleading quotes by the applicants. regarding is ralph policy? is this our conclusion that south africa failed to demonstrate the problem to fax it to a 6? now, because i turned to the next issue of the courts, there's no said it's power to grant provisional measures as its object,

the preservation of the respective rights. same by the policies in a case pending is decision on the merits or something for a visual mess. the stage, the code does not lead to tubman to determine that. so try to do actually exist and a definitive mano, but it must establish such rights off, close, simple, south africa. yes. today dealt with this. rather likely, we can safely say the plausibility is the elusive concept. simply declaring the cambridge so opposable is in sufficient. vc was addressed by judge greenwood in the border area case. but he emphasized that what is required is something moles and a session, but less than prove another words. a policy must show that fair is at least a reasonable possibility that the rights a claims exist as

a matter of law and will be a chance to apply to that policies. okay, so you like to discuss this in terms of a reasonable prospect of success. what is clear is of the cool test, so to type close ability to particular treaty provisions. so it's a general rules of international law. the quote is also consider science of facts in this context as well as low such as the finding as to whether equitorial getting the plausibly use the building. so if you to of, in fos, full diplomatic purposes. in this case, the code does not leave message itself to considering whether the applicants close will be held the rights in question entered funding. so i still low but extended the field of inquiry to include consideration as to whether is plausible that the respond to have breached rights in question. this approach appears also it in ukraine and russia. it was

a quote concluded that on the basis of the evidence presented by the policies, it appears that some of the acts complained on by ukraine fulfill this position a possibility. and that's was the quote, was prepared to consider no certain the question, the question of the possibility of rights. well, some of the shuffles my papers but also the question all the possible breach of such rights the power of the

cold to indicate provisional meshes. and the article for one of the statute has its object object yes, someone for the my speech was a part of costs when they didn't the job, the case, my apologies. the quote was proposed to examine evidence as to the exist to the silver such advice, and whether as a matter of fact, the violations had flaw simply happened. the final point to be made in the section and likely to assume fees wasn't the line of the points that the court needs to consider. the relevant perspective rights of both policies. respondents as well as the applicants. article $41.00 provides that the purpose of the provisional measures is to preserve the rights of either policy. it

was notes. the costs are all done on the 16th of march, 2022 in ukraine, russia stating that the power of the quote to indicate provisional measures as has as its optic, the preservation of the respective rights claims, by the policies. and for the quote, the comments in the mind law case that the function of provisional measures is to protect the respective rights of either policy pending its final decision. this mutual protection or bottom same criteria and in the life of the rights of both policies is intended to prevent either policy being placed in a situation of disadvantage and to ensure that the irreparable practice will not be caused to buy the policy. i will look briefly at the rapid rights of both

policies, sales as regards the applicant, i make 3 simple um brief points. first, south africa has presented a confusing and will be discussed discuss later this morning by mrs. raj was secondly, that the appropriate legal framework. so this tragic situation is a vast of international humanitarian law. certainly israel's efforts both to mitigate home when conducting operations, as well as its efforts to alleviate suffering to shoot monetary of activities, have gone relatively unnoticed and dispel at the very least meet you gauge against and the allegation of genocidal intent of

us from israel's withdrawal of it civilian ministry presents from gauze in 2005 was processing and twitch belligerent occupation undivided and coming to power off from us in 2007. the situation of conflict has existed with how much firing rockets as is really towns and villages unceasingly. however, the task on israel, on the 7th of october, was qualitatively different from all that went before the choices. but if the huffman any genocide will activity in this situation, it was the events of sevens of october fox. and in 10 town i'm have been typically demonstrated but how most recognized was a terrorist group by at least 41 states. okay, give the us u. k. old members of the canada, straightly a savvy array,

but japan and columbia is not before the court only south africa, a 3rd party that is not involved in the conflict of peers. nevertheless, a survivor goes pointed out complicity and genocide is in play. states that supports a condoned praised altura $5.00 to $5.00 to solve the 7th of october. both that's the time on laser start until see of a violation of article 3, a of the convention as being completed in genocide. and indeed, all the duty to prevent genocide on the article long enough, the agent has pointed out. so if i forget, has gave it a 2nd and suppose to how much but the least a tally of relevance to a discussion of the situation is the facilitation of humanitarian assistance. some things that hardly fits well with accusations of genocide intent as my colleagues

will demonstrate, is riley israel of activities in this area need to be addressed. not strep to side of south africa seeks to do crime amongst the ranks of the respondents. that's all critical to any legal evaluation of a situation is to get higher and rights of any state to defend itself embedded in customer base rational. i've been trying to the un charter based right for the to states, reaffirms and underlines the responsibility of all stake towards the citizens unlocked the acceptance by the international community of the political reality and legal comfort. confirmation that states when that task may legitimately respond and a full full proportion of mama professor lo yesterday saw it to maintain that israel

has no right to self defense. in this situation. how could anyone possibly argue that israel could not defend itself faced with the 7th of october atrocities and the incessant attacks against the civilians? since indeed a very wide range of states has acknowledged the rights of self defense here, ranging from the u. k to the us, france, germany, it's of the kind of just japan gone to inquire, tamala, and of those israel brands. the responsibility to exercise is protection over it. citizens, not only that was constantly subjected to bum boston from garza, but also, and critically with regard to those captured and held hostage as a result of the 7th of october outrage. these rights exist and cannot be

disregarded. of course, israel does not have any right to violate the law, still less to commit genocide. indeed it does not, but it does have every right to act to defend itself in the coldest with the rules or principles of aven should i still know. and so it has done i think, has to be established between the right to set it on the provisional measures requested . and this issue will be addressed by mr. state. and he will show that the measures propose go far beyond the protection of the rights assisted president. members of the code base is unimportant case. allegations have been made which verge on the outrages the task by how much on the 7th of october. but it's

deliberate. the commission of a subsidy is clearly for mission falls within the staff to to read definition or genocide. israel this response was and remains legit too much unnecessary. it's acted and continues to act. and amanda, consistent with the international, as it does so. not in unrestrained manda, but in investing unprecedented efforts in mitigating civilian all at a cost to itself, relations as well as alleviating hardship and suffering with the investment of resources. and this was the reason, you know, genocide jo intends here. this is no genocide. south africa tells us only hostile rates is riley is guilty of genocide. we cannot deal with, i'm us. only israel must be stuff from protecting its citizenry. and the limitation

eliminating the agree just from that is how much we cannot cable from us. meanwhile, we must binds the arms of the states of his route. how may i assist to some of the party? i conclude 1st, the color genocide is intent without intense the company. no genocide in lo, it is true for the merits is including true for professional meshes. any prime, the se, se consideration indeed of intense, even at this preliminary stage was only demonstrate its absence from israel's activities. second, there is no dispute under the genocide convention. as of the time of submission of the application. so electra south africa now is required for private se shape jurisdiction. indeed, silva for this own pacific those activities with notes of a recent which demonstrates so like if it's confidence in this respect of boxes,

tell a fairly so right, the protected in the provisional meshes procedure cover not just the africans, but also the respondents on chief among these rights assess of the right adult legation to us to defend itself, and the citizens fish must be considered and weighed by the cold as it getting the false accusations that will interest mazda and pestilence. members of the quote, thank you for your kind attention. and i would ask you to call mazda and brought you on that your convenience. thank you, professor shots before i get the sort of the next speaker, the court will observe a coffee break of 10 minutes. the sitting is adjourned. so you've been listening to proceedings at the international court of justice. this is day 2 of south africa's petition against israel in south africa. as a reminder,

accusing israel of genocide and asking the court to order for provisional measures to stop the way israel is conducting this war. now that was south africa made its case yesterday what we've been hearing over the last hour and a half or so. and we'll continue to hear after this coffee break is israel's defense against this allegation of genocide. alpha 0 is a senior political analyst, more one, but shar, is with me when you've been listening along with me to this for the last hour and a half. i suppose we'll get into more detail on this, especially afterwards when there's for the whole thing. but what's your initial reaction to what you've been here will look, i think the, the team, the legal team started, it's very weak. in fact, some bits of it was almost a logical the idea of watching the start of defense of as read in the case of genocide by saying about what about how much i think i was quite weak. talking about how much that was a legal advisor to israel's foreign ministry who is making that point most of us.

that's what, that's how it all started. and the idea of comparing, how much is damage to guys or what this does damage to guys. i thought that was just almost a logical saying that how much also would be truck buildings when we know. and we've heard yesterday how tens of thousands of bombs were dropped on guys up by is right. and so making those comparisons seemed very strange to me. very weak. and the idea of frank compare images. is there any babies really? is there any is want to compare the few babies that with 78000 babies killed also that was not a good line of defense. the 2nd point that the hold was quite weak was the context, the idea that there is no context other than october 7. and we cannot go back to 75 years of dispossession and occupation. i thought that was built in it, but it list answered. the idea of the vin number look is how is that does not aim to destroy you civilly as but to prospective williams. i thought that was way

beyond the logic of what we've seen. a rob. well, in plain sight, over the past 3 months now you get to the strong points. the strong points were to one technical on one for found. the technical one was dispute that size. i think i did not make enough effort to go and exchange views with is i bought the issue and i think he could almost get his article stuck in a gallop. you then wait a minute. these are 2 states i was supposed to have a dispute, not by you and you see it. so it's an interesting one that there needs to be a dispute for the court to actually hear this case. or is there a dispute? he's saying no, there isn't. what yesterday the god of the, the south african judge did claim that there was on the, on the, i'm the, and the appeals. why south africa would basically dismissed. now we're saying from we're here from days where it is up, know they were not the executive dispatch, it was very short time and it was the jewish holiday and how we could we get those

notes from them? we would, we probably, the judges would have to make a decision on that. again, this technicality more than anything else because there's a separate urgency in the south africa's. we're not going to wait to the for the procrastination of is there other tickets? course i'm so everyone in gaza is story than whatever. anyway, the other strong point you think they may, i think the most, the strongest point was the framework and the intent. so you could claim that as guided, hideous crime, stackable crimes. and you can make all the claims once, but is it genocide? because if it's not genocide or under the genocide convention frame that way the discourse has no jurisdiction to discuss any of it. it doesn't matter how bad the skin which has disappeared. and here's, here's case where the intense was such is there it is, might be saying a lot of terrible things that might be angry. they might be infuriated by october 7 accounts. but does that add up to intent, guided by the award cabinets for the security cabinets,

trickle down to the command of the military in order to carry a general side against the 1st thing of destroying them in port or in part? does that sound good and the statements or is speaking for out of both sides of it smells like nothing you know, like how long does that adopt a general side, the intent or that just a bunch of his right is being very angry at infuriated to have us, let's take this to our legal guess. let's continue this conversation will listen both of us together and thomas mcmanus is the director of the international state crime initiative at queen mary university. how much you're joining us from london. i want to bring that point that more one was making to you is the point that malcolm shaw was making. he's saying look, if there is intent is central to genocide without intent. there is no genocide, that's the definition of it, of genocide and the statements by israeli officials, top to bottom, that have been brought forward and relied upon by south africa. do not show

intent, therefore there is no genocide. therefore there is no case. what do you make of that argument of them? i don't think the argument's very well made to be honest. the, the, the statements that were outlined in the intent section of the case yesterday by fell africa, clearly showed, talks a rhetoric from government officials about she with animals about a destroying guys and all of them. they went giving concrete examples of intent. so the argument today is that these are, you know, statements of anguish and, and anyway, maybe they don't have any control over the military where they're not part of the war cabinets. but that's not what we're going to look for. and when we get to the merits stage of intense, you're going to look for the overall picture. is the government creating an atmosphere where everyone understands that it's government policy? maybe it's not written on the government website or something that everyone

understands. it's government policy to destroy the palestinians. so i think they were, they were trying to, to, to, to poke holes in the elements over to point to lots of statements about protecting public opinions which are kind of irrelevant when it comes to this intense pars. and so i think while the argument is, is taken, i don't think it's going to have much waste and the merits stage. what we're looking for is the overall picture that's painted by the, by the state of his ro, thomas, thank you very much for that. there's a ton more to talk about, but we've got just this 10 minute coffee break and i want to get, i mean, not our coffee break the coffee break of a court. i want to get to our correspondence, so will speak to you again on the back of the of the is really the rest of the is really defense today. i want to get thousands, 0 is a some a bunch of age or, and for the international court of justice in the hague. i see lots of palestinian flags behind you. talk to us about how they've been absorbing watching proceedings . but as israel defends itself,

the quote and says there is no genocide, those state wins have been met with those inches in this crowd, which has been gathering for the 2nd day here. now that protest is pro palestinian activism here from all over europe and many parts of the world saying that they stand with south africa and did not believe the state of his road, but it says that it is not harming civilians. i may accuse world powers including the united states, united kingdom. ready others who stand with israel for standing with genocide in the bud. so there's a lot of solidarity here. this charged environment, the people who are making statements they've been women and children as easily overcome had raving the freezing temperatures, but their own had to say that they support at the south african case. they support the people of gaza. and they say that while all of this is happening, children are continue to die in gaza. people are not able to get to

a medically facilities. we have spoke to doctors who are here, engineers, people from all walks of life and say that while all of this talk is going on, people are continue to suffer and guns and not must stop immediately. some of engine may just outside of the court step boss, and you're at the international court of justice also in the hague. there for give us the highlights for people who are just joining us, haven't listen to the last 90 minutes or so for sealants. give us the highlights of what we heard this morning so far. well, 1st of all, of course, unprecedented scenes with the s for any delegation, high level of delegation. i have to say sitting here behind me in the, the international court of justice for the very 1st time they never entered to any international court of justice. and this is the 1st time defending themselves, even against the worst of crimes, the crime of crimes genocide. so what we've heard, and the last one and a half hour, we've heard of course of previous speakers talking about it's uh that,

uh, how much was the focus and the beginning of their argument that how much was having on the side, the inside and still beats the military operation that they are doing right now would be a logical and also this dispute that is lacking according to the israeli defense mail from shaw. the main legal counselor saying that there is no dispute because there was no discussion as well. a tried to respond to south africa and uh, notes about this genocidal accusation, but then they couldn't make a meeting. and then suddenly there was already this case. so legal experts that are viewed speaking to say a so far the arguments are not majorly convincing, especially about the intent because that's what the government has been saying. now they say that that wasn't meant this way. but what is most important be, is that it is trickling down to the troops. and that's what is seen by south africa

as genocidal intent. yeah, this argument about intent is going to be at the core of what the judges have to decide. because as we said earlier, that is the definition of genocide, there needs to be intent to destroy a group as such either in whole or in part if there is no intent. we're not talking about genocide under international law. we might be talking about other international crimes, crimes against humanity, work, crimes, and cetera. but it's not genocide. so intent is key step. thank you so much for me to meet with joins us from johannesburg. of course, south africa is the state that brought this petition against israel. what's been the reaction where you are to israel saying that self africa is the legal arm of hum us by bringing this petition to the court as well so. so that's a, that's just one of the latest accusations and criticisms it's based of from israel . because if we look back so that africa has been pretty steadfast in terms of the

stance it's taken against what is happening, garza this war on garza and they've condemned israel a number of times. and so the, so the african government is saying that it does not have a bilateral relations with hum us. so to me they all have much representatives in south africa. but the position it's taking is one about humanity, one around supporting the palestinians, fights their struggle against what is happening and their fight for independence. a very similar to what the sub africans went through during its own apart dates. and we've also heard from south africa's administer of international relations, now lady bundle. and she has said just earlier today that she has expected this kind of argument from it as well. that it would focus on the october 7th attack and would ignore the number of the significant number of debts that have resulted from israel's bombardment in garza. she's quoted,

an uncaring bombardment of ordinary palestinians who had no role in the event of october 7th. and that is or would have a difficult time proving, given all the evidence of that being put forward, that it's a would be difficult for as well to convince the world that it's an attempt to stop . hum us. so the, so that we can government remaining firm in that position at ignoring that kind of criticism and in fact, denying it for me with thank you for me to thank you very much. it's 1042 gmc, it's 1140 in the hague. the right now court proceedings at the international court of justice are currently suspended for just a few more minutes. we're going to go to target was zoom starts here in rough and southern, gaza, how much or palestinians in guys a following this. and if they are following what's their reaction of the yes, generally palestinians in gauze off what are we, what is happening right now. and the court and the national courts of justice as

they have been hearing and seeing the legal team, representing israel, saying that as well as completely what it's doing inside garza is an act of self defense on the south africans accusation considered to be on with it. also leave as well defenseless and also they have been hearing back from the as the legal team that represents that they're presenting, isabel, goes on with refuting the south african evidence by saying that the death told and the injuries the so to sticks released from the god district consider it to be an reliable and what israel is doing is not aiming also to destroy palestinian. this is completely from the palestinian perspective. is contradictory to the reality on the ground does kind of thing as a being killed on a daily basis. we're talking about more than 23000 palestinians, get killed, including 10000 children and more than 6000 pounds, 13 women. so tell us that you have to now, despite who is but what is doing to this to the truth. there are also still have

a dilemma of hope that the international court of justice will bring the justice this time for palestinians as they are also will continue following over the latest updates regarding this case as to to set it to be a long mock case for the historical opportunity to be healed as well as accountable for its military acts on the ground to inside casa, are a couple of whom reporting from robin rough uh, in the southern part of the gaza strip. thank you very much, stark. the member of israel's legal team is called south africa's case, profoundly distorted. listen to this, we live at a time when woods actually in an age of social media and identity politics. the temptation to reach for the most outrageous term, to vilify and demonize, has become so many here resistance. but if there is a place where words should still matter where a truce should still matter,

it is surely a court of law. the applicant has regrettably put before the court, a profoundly distorted factual and legal picture. the entirety of its case hinges on it deliberately curated the contextualized and manipulative description of the reality of current hostilities. south africa ports to come to this court. in the last, the position of a guardian of the interest of humanity. but indeed legitimize in israel 75 year existence in its opening presentation yesterday. that broad commitment to humanity rang hollow is bringing now to 0, senior political analyst, more wonder shar, who joins me here on set. we're just getting more one that should just let you know, and you can see it too, from where you are. you're just getting the live feed of the courts about to be

back in session. so i might have to rudely interrupt you. once again. the question i was gonna ask you is, so you listen to these legal proceedings. it's all legal in nature, but there is more than the width of just who's right, who's wrong between israel and the palestinians. when you listen to this, it feels like this is the closest you can come to having some kind of moral authority. and of course, not just more of a soul, it also legal to settling this, just a long dispute between israelis and pet hausteen's. i'm afraid that's not the case here. i'm afraid it's going to be very legal and i think technical and the issue framework and it is really succeed. there it is. i have to be rude. i'm so sorry. all right, let's go, let's go listening, live to the proceedings. a vague the

madam president, members of the court, it is an honor to appear before you on behalf of the state of as well. as professor sean noted, at this stage, south africa does not need to prove the genocidal act have been are, are being committed. but it does have to show that the genocide convention is actually relevant. it has to show some level of acts and some level of intent. professor shaw has spoken to the issue of express intent. it is my task to speak to the circumstances of israel's actions. israel cannot possibly comprehensively address today all of the like, allegations made in south africa's obligation. in this regard, the applicant paints a dire picture, but it is a partial and deeply flawed picture. the application is so distorted in its descriptions that it prevents the cord from properly assessing the plausibility of

the rights started by south africa. floods. ability cannot be determined based on the unsubstantiated allegations of one party to the proceedings alone. if article 41 of the court statute is to have any meaning in the time available, i will address 3 aspects of reality on the ground that the applicant has either ignored or misrepresented. first home offices, military tactics and strategy to 2nd. israel's efforts to mitigate civilian harm during operational activity. and 3rd, is rob efforts to address humanitarian hardship and gaza. despite how mazda is attempt at obstruction. with respect to how mazda is military tactics and strategy. it is astounding that in yesterday's hearing, her muscles mentioned only in passing and only in reference to the october 7

massacre and as rome. listening to the presentation by the applicant, it was as if, as well as operating and gaza again, snow armed adversary. but the same hum us that carried out the october 7 attacks is in as well as the governing authority in gaza. and the same home us has built a military strategy bounded on embedding its assets and operatives in and amongst the civilian population. urban warfare will always result in tragic deaths, harm and damage. but in gaza, these on desired outcomes are exacerbated because they are the desired outcomes of homos. in urban warfare, civilian casualties may be the unintended but lawful result of a tax on lawfully military objectives. international humanitarian law recognizes

this reality and provides a framework for balancing military necessity, which humanitarian considerations. these do not constitute genocidal acts. in the current conflict, many civilian deaths are directly caused by homos booby trapped homes designate until indiscriminately, mines and alleyways collapse, structures around them and over 2000 rockets, misfired by home us have landed inside does not causing untold levels of harm. the one telling example is a blast at the holly hospital on october 17. tomas claimed that the israel dispense forces the idea attack the hospital headlines around the world rushed to repeat this claim. the idea of later proved and us intelligence and other national security intelligence agencies, independent. we confirmed that the blast was the result of

a failed launch from within the us. it was not as how mos claims the fault of the idea of damage to civilian structures is another fact claimed by south africa as evidence of genocide. but south africa does not consider the sheer extent to which her mos use as a sense of the civilian instructors. for military purposes, houses, schools, mosques, you and facilities and shelters are all abused for military purposes by home, off, including as rocket launching sites, hundreds of kilometers of time. before you, you can see a militant finding projectiles for launch on audio forces and gaza. you can see the holes in the residential house to hide and launch them. here you

can see project dogs discovered underneath the bed in a child's bedroom. here, a rock being fired from a school. the launch site is circled in red. here you can see firing from a u. n. school. you can see the letters you add on the roof and the fire is circled in red. and here, long range rocket launchers hidden inside scouts club building. finally, you can see part of a tunnel the runs for 4 kilometers, including nearby the arrows crossing, which was adjacent to as ro god, the infrastructure has certainly been harmed during the conflict. however, so africa would have the court believe that israel is deliberately and unlawfully destroying homes without cause. but harm cause to level military objectives and

harm called as a result of some of his actions is not evidence of genocide. south africa also alleges that israel has waged an assault on guys health system. what south africa has neglected to bring before the court, however, is the over whelming evidence of how mazda is military use of such hospitals. tomas militants retreated to run tc hospital and gaza on october 7th with hostages from israel, whom they then held in the basement. in the slide before you will see a militant going into court hospital with an r p g from us fire. that idea of forces from near and from within the crude hospitals. a chief, a hospital got as largest home us managed operations from a closed off area. here you can see an opening to the tunnel that round for

hundreds of meters directly under the hospital. here, you can see the weapons found in different wings of the hospital. and here cctv footage, showing our militants bringing hostages into the hospitals lobby more than 80 militants hiding inside another hospital. the one hospital surrender themselves to the idea of. and here you can see a weapon. that idea of force has discovered hidden inside incubators. at the hospital, the director of the hospital has admitted the numerous members of hospital staff belonged to her. most of the military wing and the indonesian hospital in the neighborhood of jamalia from us forces manage their operations from that hospital until the idea reached that idea of forces recovered the bodies of 5 murdered hostages from a tunnel dog underneath the hospital. the list goes on

in every single hospital, but the id as has searched and gaza, it has found evidence of hum us military use is ro, is acutely aware that because of a mazda is use of hospitals as shields for its military operations, in gray violations of international humanitarian law, patients and staff are at risk. this is why the idea has reached out to every hospital and offered assistance and relocating patients and staff to stay for areas . hospitals have not been bomb, rather the idea of send soldiers to search and dismantle military infrastructure, reducing damage and disruption. indeed, the tunnel that sat directly under the main building and chief a hospital was exploded without damaging the building above. the idea then withdrew from the hospital. yes, damage and harm have occurred as

a result of all studies in hospitals vicinity, sometimes by the idea of fire, sometimes by homos, but always as a direct result of hamas is abhorrent method of warfare. israel has published plenty of evidence of the extensive misuse by hallmarks of medical facilities in direct violation of international humanitarian law. it has brought journalists to see firsthand it has recorded calls with hospital staff support need assistance. none of that is mentioned in the application. in fact, the applicant describes the results and asks the court to attribute malicious intent to as well. but that is only a possible conclusion if one obscures, as the applicant has a mazda of strategy of turning hospitals into terrorist compounds. the

opposite can't also made much of the fact that force has been even used in humanitarian zone to what the applicant neglected to inform. the court, however, was that how moss has and its contempt for palestinians of a life regularly and deliberately fired from such a zones turning areas of released into zones of conflict. here before you can see one example of a launch site adjacent to the humanitarian zone. both amplified and larger pictures . and the next slide you can see evidence of a rocket launched from next to guys as water d fairly nation facility. i now would like to address briefly. the 2nd issue is roles efforts and mitigation of civilian harm. here to the applicant tells not just a partial story, but a false one. for example, the application presents, as well as call the civilians to evacuate areas of intensive hostilities, quote,

as an act calculated to bring about its physical destruction quote. this is a particularly agree just allegation that is completely disconnected from the governing legal framework of international humanitarian law. evacuation of civilians is recognized under international humanitarian law as one of the measures that may be implemented to protect civilians from the effect of ongoing hostilities . indeed, such a evacuation may even amount to a duty but the party that the conflict has towards civilians. while temporary evacuation undoubtedly involves hardship and suffering, it is preferable to remaining in areas of intensive hostilities. all the more so when one party makes a concerted efforts to use those civilians as shields as the id s maintains a civilian har, mitigation unit. to undertake this task,

it works full time to provide advance notice of areas in which the ideas intends to intensify its activities. coordinate travel, routes for civilians, and secure these routes. this unit has developed a detailed map so that specific areas can be temporarily evacuated. instead of evacuating entire areas on the slide before you, you can see that map divided into areas as well as a screenshot of a video explaining the system in arabic. so civilians may understand it. the idea of also, and that's localized pauses and its operations to allow civilians to move does this even though how much does not agree to do the same and has even attacked idea of force the securing humanitarian court or excuse me, and i have a request from the interpreters that you slow down the pace if you're speaking, could you please do that. thank course. yesterday south africa stated

that the id ask. i gave 24 hours notice to civilians in northern gaza to evacuate. in fact, the idea of urge civilians to evacuate to southern gaza for over 3 weeks before it started its ground operation. 3 weeks that provided home us with advanced knowledge of where and when the idea would be operating this 3 week period for temporary evacuation. as a matter of common knowledge and the applicants, misrepresentation of this fact is it best and unfamiliarity with the events? and at worst, a desire to taylor at story to a preexisting narrative. the ideas employs a range of additional measures in accordance with the obligation to take precaution .