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tv   Inside Story  Al Jazeera  January 27, 2024 8:30pm-9:00pm AST

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the human side apocalypse may coming soon on, outsourcing will israel or beta ruining the un popcorn seems national court of justice has ordered israel to prevent acts of genocide in the office and it says it has a month to report on it's been fine. but what does this really mean to posting into a truck and on the inside the header there and welcome to the program. i'm the scholars here to the united nations top court has ordered israel to take measures to prevent genocide and gaza and to allow in humanitarian aid things that optional goals of justice issued to the ruling on friday. and the case that was filed by sub africa, judges of ocean overwhelmingly in favor of 6 emergency measures that included
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asking israel to punish those inciting genocide. so how will this really impact israel's war on garza and how much other countries pressure israel to comply? let's continue to discuss about guess but fast. this report from michael apple takes a closer look at the i. c. j's reading said that in a historic ruling, the world cortez the 10 days, plausible evidence of genocide and folding in god's judgment, welcomed in palestine. it means that the cries and suffering or fall of people in garza have been to the great hall of justice. do you ins, top quotes, also known as the international court of justice, says israel must take 6 provisional measures to ensure the palestinian people are protected and submit to reports within a month detailing its compliance. saw that africa brought the case to the i, c, j accusing israel of violating international lawyers on genocide in the territory.
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and it sees the ruling is victory for human rights. oh, cool quote. this was really that is vital to highlight the plot of the innocent in palestine and to also alert the international community to the great home that is being done to the people of palestine. these really prime ministers response was one of defiance, condemning the ruling and calling it a disgrace. israel's commitment to international law is on wavering. equally unwavering is our sacred commitment to continue to defend our country and defend our people. like every country, israel has an inherent right to defend itself. the vile attempt to deny is real. this fundamental right is blazing discrimination against the jewess state. but
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still for palestinians, this is a water shade moment. and they struggle from the peroration for me is really occupation and its wall. yep. and ends many on all watching to see how sort of africa will use this ruling to increase its diplomatic efforts in calling for an in israel is go inside the gaza strip. mike level for inside story. the whole that's now bringing, i'll guess in london we have name is so tiny, a read it and public law at so asked of university of london. he's also the edison in chief of the palestine yearbook of international and melvin australia. we have jeffrey robinson, human rights virus and also the founder of dallas history chambers, one of the largest human rights legal practices in europe. welcome to you will. thank you jen, who wants to join us today on inside story. now the i c j hasn't just said that there's the posit, possibility of genocide taking place is also implemented these 6 emergency measures
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. and i know there's been plenty of concerns about the i c, j here not courting for a ceasefire, but by my understanding p i c, j only has jurisdiction, but of the states, right? so here it has jurisdiction, or the israel, it doesn't have jurisdiction or the mouse and will be faced by what actually takes 2 parties in order to comply. we've had the from the lady, bundle the south african foreign minister saying, but that these 6 measures effectively amount to the factors these 5 cause you worked on the ground that what do you make of that is this effectively is he's fine without necessarily cooling it one well, 1st of all, let me say that the i c j routing is really historic story milestone in the long run to the palestinians, towards dignity and justice and states who and yes, i agree. i hope that it's on the grounds and it is the is really all me does well, it's now legally binding. they've been told by legally binding adjustment by the school to, to stop killing. you know,
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that's the 1st possible ski 2 of the conventions cease actions which hom, both mentally and physically promoting conditions. apply that done see babies being killed. if the idea actually does that, then as a south african subset, it's a de fact to cease, like how can you deliver to monetary and aiden list as a ceasefire? so i think besides the quote was very, very clever because ultimately, well they all school was american foreign policy tools as well. they said okay, deceased by may be typical, but essentially plain couldn't keep saying in the absence about let's, it's called a to humans to international law. and by the way, the other important thing that was said is it, it's inclusive. my name is big convention on the prevention and punishment of genocide. i just don't know who made it very clear that 3 people in particular have prime minister netanyahu a defense minister of color. and i'm the president. it's i can't so they are guilty of inciting genocide. i'm the convention is very clear. they have to be punished
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and israel has to be pulled back within 30 days on the steps it's doing to implement that. so i think what i say this is a historic ball, so it moves the whole debate about palestine gets the most votes for patient, old mattress, humanitarian little all that, much as we can not israel's responsibility to stop and prevent genocide and the stay puft is the convention, america, britain, they have to bring meaningful pressure on israel. i'm thinking of america's $4000000000.00 worth of military age and all the diplomatic and political protection, it was, she was a council. they helped to use all of that to see the convention implemented to be moved to a new phase. and that's why yes, today was truly historic. and you might say, you're noting that let me bring you in here. no, oscar to reflect on the magnitude of this really, it'd be that agree with this is when your mental decision by the it doesn't cause of justice. on the one hand was south africa submitted its application
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to these it does a cup of justice. it already changed the conversation, it change the west and none of the above the war on guys out on the policy and people. i know that as a court of justice, the highest court in the international legal system have basic as basically accepted the south african. the date is that is of genocide here that this is beyond the simply violation of international laws of war. and that's this risk of genocide against a substantial part of the best and people require action, indigent action, 1st of all from the court, but also from all the states. but these, the need to be, to discharge their obligation to prevent a genocide. i don't obviously, as i said the but these are the measures,
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such as the requirement for me is to allow effective and immediate humanitarian assistance. require scathing down drastically is mandatory patients if not a complete a ceasefire because the quote also site to the wants to get the general who said that you might do it in systems is not possible with the continuation of the model manager and is really minutes a background incursions, so in order for is that to comply with these, that provision of the measures it has to is allowed as us getting down of the meditation in this, in addition, as chris said, the political repercussions of this legal routing, assad region, on the one hand, it includes a special on his right of both, internally, externally. we so internally that is that all of this content. now it,
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because the war hasn't achieved its aims, degree of names by the say, government. the families of the hostages are not increasingly protesting. there is a beginning of progress against the war and some anxiety, cities. and there's a few sessions in the media that the hosts go long in the war for his political survivor. and now, externally, this rooting will embarrass all of the rest of them back, as of is right, because now they have been possibly supporting a genocide. and now any action they will be taking would be just a visa, the, their obligation to prevent genocide. i mean, i, i want to get into the mission, critique of, of all those physical consequences and in just a moment. but i want to pick up on something that chris mentioned earlier. your use the phrase legally binding. we know this ruling is legally binding, but crucially the courts, the i, c, j does not have an enforcement mechanism. we've had already from prime minister benjamin us and yahoo. he says that he's rejected the ruling outright. so it
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doesn't look like as well as likely to comply with what the court is asking for here jeffrey, let me bring you into this discussion. what legal recourse is that if israel says no, we're just not going to do it. and there is no legal recalls the court, the same court. ready 2 years ago, the rule gina, or against russia, were cut and most recently disrupted the order and broke from the law or against aggression by invading an innocent country, namely, quinton and ukraine went to the cold and the cold made use to the unanimous city old russia to pull seats um down his clothes, he didn't who can, who is massive or criminal or many people refused. and so a winter on was not both. but i do see that the
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importance of the ruling goes be on the age on for should be lucy. because this is not russia, everyone has to do the right thing because each car from the web is israel as nuclear weapons. but it depends on the support of western, particularly the united states. but also you will see in countries, and if there's one horse fly that is being used by western countries in home entry on the go as it will ease we might use room must be international. these rabbits best it so is bounded cells ended support it to him to not sure now be
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caught by 1st of all except be the case for the school. each do is fiction. that was the main issue and that's the issue. the easy way of loss. so is it cool? big say is it so it's competent to google who is and does give a few with the store, the cool use that mess should release unconditionally little hostages. this uses to obscene, to be taken from me. so it is the 2nd order and perhaps it moves to quote because it is uh, enforced by permission from these rooms backers is that you should need the restroom style wage and about to medicare and
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convoy easy. and then there are problems for do the search. it used to and when they did out say it is complying with them, which of well let me jump in the frame because i. ready was like, you mentioned a very important point which was minutes a civilian, so sorry to sorry to interrupt you jeffrey. i just want to pick up on something that you were saying that about allowing access for aid. and one of the interesting things that i noticed was that i'm in this case. so in this particular case, by south africa and israel also appoint judges to sit on the court. so instead of the regular 50 and there were, there was 17 and the, the is really judge voted for 2 of these messages in favor of them to punish incitement to genocide and also an aid access. and, and primarily because israel, by my understanding is it's saying that aid is ready on handed. chris and someone who used to work for other um, let me ask when you make of that a session. well,
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i think he's absolutely right. so i think it is right as an he's really a highly respected is really does. he was actually in charge of these really supreme court when i was a spokesman for and i went to the supreme court. i was amazed and delighted by how he was trying to professionalize so yeah, so pretty cool. so he's highly respected, but yes, i think like a lot of people in israel, he's also the disgusted by the fact that the politicians that have made it so easy for the south africans to make their argument about the intentionality. behind the genocide of threats which were very, very clearly put by the south africans. i think also this question a few minutes here in a it's absolutely the case that it has together. that is a collect to publish modes to, you know, more than halted because a strip of children and even more a women. so, you know, it's, it's, it's something which is a little somebody has to step up to see about a turn obligation. what if i may look at the officer free? if i get this off to have something very quickly, when jeffrey talks about the lack of enforceability of the job and what about state
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policies, what about the other 150 volts? signatories took inventions. surely as we're seeing in america, where in the federal kohls, in california, biden and clinton and all students are being accused both of a complicity in genocide and failing to prevent genocide. so when it comes to enforcing what we heard yesterday, strongly the judgment of a call to give us grades to the middle of those people and choose functions who are trying to hold the state. all teens to account for failing to implement the genocide convention body of thoughts. i'm not jeffrey in my thoughts. so that's a very clear because i think the court was scrupulous in not finding the but israel had committed genocide. you just simply said, each ease of your and the cheek to be pointed out the
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kind of statements that so the president and the defense minister had been say about how those to be animals should be put to issues. but the kind of genocide to intent the shoe box. in fact, there is another method traditional and this really is not committing genocide because easy is as seeking to wipe out a mass, which is a problem is equal organize ation. and so you choose the eighty's in the effect committing elisa side if you like, but not tennis because he's acting out of attacking the same thing. so these are all the land down the line is rose,
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right this. let me jump in that jeffrey because a lot of these discussions going to happen as we look at that. the broad a case, the genocide case which could take is as, as we've seen, i want to bring an image here because i could see you and you met shaking your head as chris was speaking. and i also have a subsequent come to a subsequent question within your conversation gentlemen, which was around this question of intense. and we have had a lot of the statements from very senior government officials and, and one of the requirements of the ruling from the i. c, j was to punish the incitement to genocide. and what am i talking about politicians or perhaps have have some level of immunity. i'm curious about how that's supposed to take place as well. you know, let me bring you in. so yeah, other kind of mind, the disagreement with chris was the respect to the description of the hot on buck. so i, and of course, the only can scold others have actually since 2007 being the right thing about the ways in which i don't. but i need you to memorize the occupation of that hit. and
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we call into to a diplomatic judge because his liberal and rhetoric, his human rights in the image of the active as the judge image actually was used by his writing and coding and so on into this on the floor to whitewash is right across and under his leadership of the supreme court and this will be a part of high system as a consolidated and legal commission became much more brutal when he was appointed to the as an adult with judge. and there's a cause of justice. there's only me just said, okay, now this is the time to examine what hold on. buck has been sending them a thing them for decades that just to show review expansion in such as i will protect is one is when you saw just from persecution on the world stage and that the high court would be a she is for as well on the international level and indeed in his uh,
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the elect, separate support for the investigative justice. he checks the genocide deposition here to checks the to the genocide the just hasn't been done. and he said, is that he agreed with these 2 measures because he thinks or is that it was already complying with these? i didn't need his impulse shut up the was question because in november he gave a statement to the globe and mail the canadian newspaper in which he said that he thinks is idle, has to be in compliance with him. but i showed him as a law. so he is a biased judge that was appointed by his and specifically for a symbolic value. unable to provide the counter another. now with respect to your question, the eh, negation, this right? is that to be, have to punish for these statements of incitement to a genocide of the august. the problem is that the, this statement had been solved for minute. so the domain and for 3 months inside
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this wire, that it's mainly can be separated from the actual state, the policy because why that is and for 3 months not do anything about these statements, even though they wear daily on the v by senior officials, by members they said, my army generals, etc, and now they stand accused that's by say, by standing discharged organizations on the original. it just has convention because it did not prevent these statements. they did not punish the statement. and the only attempt to do anything about these statements was after south africa submitted an application. indeed, this shows the importance of the south africa and application again. and it's an, as christmas pointing out. so it has changed the narrative. and this routing certainly has changed the narrative within the context of this new narrative that we're talking about. i want to ask you, jeffrey, i'll go too fast about the trade treaty because i was looking at the phrasing and
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it prohibits parties from um, transfers, if they have knowledge of the time of authorization to be on. well, items would be used in the commission of genocide, crimes against humanity, great breaches of the geneva conventions attacks directed against civilian objects or civilians protected as such or other war crimes. so what is now at stake here when we, when we using the phrase genocide and the genocide convention, what since day care for country is like kind of the, the u. k and, and crucially the united states. and i'm glad you picked up on that because that jesus, because one of the great question and there are already protest south side, many factor each to subprime as for trends commission to issue and then for use it may be in non genocide or context, for example, providing
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a fire hydrants and in meetings of a peacefully. ready numberless forcefully stopping protest. there's always been a question about that. but if you can identify a shipment of all sleep is to really get into a different form for use. as all said, quest, the bombing, or whatever indiscriminate for meaning, which can be this is by killing civilians, killed all most ha, uh, children under the age of 18. and this is one of the red line cities route has reached the, the killing children. and then eat can be,
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i think the decision can be prey dna for injunctions showed by a zip code that was seen in groups will be grouped in version and canada. but again, there are limit because these judgment does not say and it's very careful not to convince is way over all the genocide it should be says there is a i assume is to be made. so it may take you. ready to that, to come up the evaluation to another oven and say, mean gathered to the next. i want to ask about a little more about enforcement because one possible route that's been suggested is the united nations security council. the meeting again on wednesday to discuss garza obviously, up until now the us has vetoed multiple resolutions trying to stop the pricing of
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the security council. now that we have this ruling, if there is a resolution that that's proposed at the security council, as there is seemingly likely to be in line with the measures that have been described by the i c j and it's ruling doesn't then put a huge amounts of pressure on washington, not to v to because essentially and then let me put this, this question to you. chris, essentially a veto would be a vote against what the u. s. has always been a proponent of a rules based international. absolutely. i think that's will, is one of the things that so clever about what the court has done because it's judgements a cool, it's almost a 100 percent with american policy tools. israel, it's not to mom did a 65. i'll do that. it's a de facts of sci fi and the cool to say it's well have to abide by and then the charts laid out is a whole series of stipulations which ends we put in some himself image calling agrees with. so i think it's going to be very, very difficult for the american southern pines will come and it's huge pressure it
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to make sure that original a visa and the other. why the question i think is us so much of the other conflagrations in the middle east. for example, the who these are folding off the is really electric genocide against garza. and as the cools, especially, i think that the americans will also be aware that if it does veto this, then be, and that's fueling, that's why the conflagration in the middle east will become the protocol. does very quickly say that the point i was making about the rock is that within the israel itself, cheese were based on the fact that she because basically when he spoke behind publishing method, yahoo makes it very, very difficult. i think politically, it's a real problem for that to be. i was expecting promotions. i know very well with how the students thing to pick. and i totally agree. i wanted to pick up on, on where we started this discussion, which was how long you mental this, this ruling really is. new met the global south for a long time has felt very marginalized when it comes to international institutions
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. and the way that the cases, particular and also for instance, have been treated. so let me ask you, does the ruling that we've seen this week? does it, does it change things for south africa? does it doesn't restore some face, perhaps in international institutions spend, nor any field africa and for palestine, but also the broader global. so what 1st time i'm supposed to with the suggestion that the physical justice routing accords with american foreign policy, i think the it as a couple of just as ruling is in fact what's the shame on wisdom countries included in the us who basically went treating the parts of the states and that all of his like as well as above the international, older and older claims as a off rulers based older. since the beginning of the symptoms, the police had been exposed as hypocritical,
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selective as basically non existent when the victims are not. why to to be ends or north american. so this, hey, elizabeth, so, so do you a question, which is the 1st time in this case? um, this is a situation of genocide and guides is the most test for the international law. it shows how international law fails to protect it. what is it basically considered as expensive of the population's compared to how difficult a criminal court compared how the home wisdom was treated ukrainians, and ukrainian civilians and victims of the indeed how the about double standards. yeah. with how pressing ends up being treated. so south africa making this claim is challenging the international legal system. this done by mr. test for the international legal system. indeed, i'm afraid we'll leave the discussion now for now. it's a, it's obviously
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a conversation we'll be having again. and we'll be following this case very closely as it continues on its way through the quotes for now there. thank you to or about guess new muscle, tiny jeffrey robinson and chris got us and thank you to for watching. remember, you can watch this again any time by visiting our website on to 0. don't com for further discussion, do go through all facebook page. that's facebook dot com, forward slash a inside story. remember, you can also join the conversation on x. a handle is at a inside story for me to start as you pay and the whole team here by the groundbreaking films, from award winning filmmaker. watch. listen. weakness on apologize here.
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the, [000:00:00;00] the of the hello, i'm about this and this is the news on life from don't coming up in the next 16
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minutes. reading the pause on gaza composing misery for the hundreds of thousands of palestinians left out of sight without shelter. more is really attract some medical sites in southern gaza. now. so hospital and con you this is overwhelmed with wounded and sheltering. palestinians pauses for people. valley in tennessee that to protest one, calling for the government to bring home captives. the other calling on the prime

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