tv Inside Story Al Jazeera February 13, 2024 8:30pm-9:01pm AST
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the sign burial once hailed the salvation as technology instead, instead of in fear to miss the rise of anxiety, overwhelmed, lots of agency apocalypse may be on the rivals. how online hopes and fears shape our existence, the utility of the information that you're receiving becomes smaller and smaller. oh, my god, you mean my faith is dependent on the health of the planet? yes. okay. do much on that. does the like, the nation's top court has ordered this well to prevent destruction and gaza, yet it's submitted to is by the entire neighborhoods to the grounds. last ways of this trip have become uninhabitable. so what would it take for his wrath to stop it? for this is inside story, the
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hello welcome to the program. i'm how sion have a bottle is why has more has laid waste to the gaza strip. 85 percent of the population has been displaced much of the vice, so the structure is so badly damaged. the experts say it will take decades to rebuild a routing by the international court of justice. states is why must take action to prevent the destruction of evidence linked to a possible acts of genocide. but the ministry has laws, the rule, this and anything has intensified. it's bombing campaign. what can be done to force is why have to comply. let's take a closer look at the extent of the damage in gaza to, according to satellite images, assessments by international aid agencies. and that goes from because a government office, more than half of all homes in the strip have been damaged. so the total of a 7th education facilities have also been targeted. 346 schools have been possibly
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or completely destroyed. and every single university has been raised to a 169 places of worship. churches and most alike have been damaged. 11 bakeries are destroyed throughout the tire 3. only 5 hospitals are still able to offer treatment and only basic 1st aid best plan to, to discuss with august 1st, this report to gaza has become unrecognizable whose businesses, schools, mosques, churches are raised to the ground. hello, how do i get find a uploaded when i'm standing under a bit of a house that was destroyed by this? riley's, the situation is very difficult with right to construct the 10 to just so we had some shift on the international court of justice has ordered israel to take steps
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to prevent the destruction of and present the evidence related to any possible acts of genocide but its military campaign has only intensified since the ruling. the war on garza has been described as one of the most destructive assaults in modern history. virtually no corner of the strip is um, touched by is ready palms. all that remains is dust and trouble does the does it. but i do want, we went to the school in state health and make shift shelter that even the school isn't a school anymore. and what, how are we going to survive or not of hospitals? no medicine. we can't afford to take care of children. algebra has tracked the extent of the damage on buildings from october, when the will began, until the end of january. they show more than half of old buildings have been destroyed, reports estimate, but as much as 70 percent of golf is homes,
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a team to be livable. all the strips, 35 hospitals, 5 only partly functioning. just one specialist facility is still operating. so now it's listed and literally the only one that was kind of provide in the order says, ready to doesn't people don't. so it's kind of provide complex july the 3rd day or i see you get in the hold of god. are you and was it could take decades to rebuild garza and this cooling for hostilities to end immediately. veronica pedro's, i'll just sarah the inside story. let's bring in august. it was a headache i met before, is a legal research and advocacy office of health and independent policy and were vice organization based around my law. and i'm still done. kate mcintosh is the executive director of the university of california. i'm assigned to this little
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promised institute to europe. she was involved in the developments of international control in this early is and contributed to defining many of its elements here in the how we have. well, i'm not going to professor of the sort of international service international piece of conflict resolution, as i'm not going to have a scene. washington dc. welcome to the program. we've been over the last few days talking about the different aspects of the a 6 orders that were issued by the international court of justice and whether as well was in compliance with those us today. we put more emphasis on the the destruction of evidence. and on this i would like to ask you a question. what kind of evidence was the quote having in mind? and i think the court had a mind uh old kind of the evidence, a hash him and the allow me. and just to clarify that in relation to all work as a hawk, where the oldest human ross, organization and pals assignment in the region. and this is the 1st time in our
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history since our establishment, 9 in 1979 that we had to announce to the public that we're unable to cover to cover the situation in the gaza strip property. this gives you an indication of the gravity of the situation in the ground. some of our staff had to evacuate, the north, lost their homes, lost their loved ones, and it's becoming extremely difficult to document what's going on on the ground. if history teaches us something during this region decided that happened throughout history, the perpetrators of international crimes engine are always trying to destroy the evidence that will condemn them in the future, as well as also doing that and to verify the policy human rights organizations are unable to continue doing their work on the ground is a serious concern. it should be a serious concern to all international injustice mechanisms. i think the court was absolutely right to indicate that the other thing the concern is sure not only by
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south africa, but by a number of states as just before starting to show it was announced by some have record of that yesterday. so for guys, oscar the court to consider and, and as going on an urgent basis as to make a ruling asking israel to comply with the and with the provision measures routing and the court can do that in accordance with the article $75.00 paragraph fund them through the procedure of the international court of justice, in cases where the court ordered an order of provision measures and appears that this order is not being complied with, it can. and as we say, and that's and for, for your multiple, based on its own initiative, the court can order the state to comply with this order. and i think we're heading towards that. the concerns are being shared by south africa and other states. and i think the court has a responsibility to make sure that is for our respects,
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the order of the court. hey 20, you see that provision? the measure of i v i c j which says i is ryan has to take orders. i said he measures within his capacity to prove that because of evidence, people would say what was the i c j trying to achieve here? when know more people because of what tell you look, just by having a look at the really line test bombardment, the massive loss of life. shouldn't that be enough for the i c j? yeah, there's a certain force the to that has some special, but we should remember festival dots, genocide is a very difficult crime to prove. and the scale of the destruction does not in itself establish genocide, desktop critical element retrieval discussed of the special genocidal intent. so when the cool comes to this thought to consider the full proceedings policies, initial provisional measures, they will be looking to see whether that special intent is present. i'm not special intent can be inferred from acts, but it's
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a very high threshold. actually has to be the only possible inference. so that will be a lot of the evidence that will be very relevant to that. we could think about internal records as governmental meetings, and we could also think about this ways of digital evidence which is becoming more and more relevant in proceedings with us from private facebook, social media accounts or otherwise. so there's all sorts of evidence that will be relevant to this request and establishing whether or not this is a genocide. the court will be looking beyond the physical destruction, which as you say is so obvious to us. how much? ok to this on the ground have been documenting cases of from bossman structure schools, hospitals searches, moss for thousands of history of gaza. couldn't this be causing this be a case to be prosecuted? call be an individual faced by the i c. c, for example,
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in the near future. i'm a thank you, i'm, i think, and absolutely is the, the, the scale of destruction. as you mentioned, whether it is mosques, the hospital of the school or underwater leaf agency is and, and then tell yeah, the infrastructure, there is no agency or organizations on the ground that has not been affected. and i think the scale of destruction, as i mentioned by kids and also by government before it is definitely an app, provide enough evidence and enough and things on the ground to be a base for the 4 cases, a genocide, different if, if nit cleansing, and we see that we see that not only ever prior to the routing of 26 of january, but also after the, the numbers after are also stagen and you have what it 2000 per lifting and kin since then. and you have also, if you 1000 injured as well, these are,
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these are the minimal number. that's where the fed another a statistics we have it. this is regarding the houses that we have demolished and destroyed over 44 squares of houses, which is you know, amount to hundreds of houses i've been deliberately demolished and destroyed and bombed as since 20 says and so 26. but add to this, the issue of a start of ation based off what clean water. and that's something that's not many people talking about it, which is the pumping go forth or uh, see water in the, in the kind of that is already been doing for, for the past few months that have a major effect on the livelihood. and also to the capacity to, to inhibit guys after ward. so, you know, i'm, but it's, it's really mind boggling. we wouldn't be able to talk about, you know, more evidence of intentionality. but i guess as get said, the finish hold is very high. it's, and i think that it hasn't been enough reason for that at this point. how much we
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do understand this is an extremely delicate case of this explains why the, the court has been trying to do it's best to navigate through the entire policies. look for the most practical measures to be implemented, but the measures when you look at them and we read them in detail, do they really make any sort of sense for the people who guys have to will data through the areas but now lie in ruin and host basic instinct is just to survive for another extra day. and you know, the, the way the verbage images are a drafted and, and decided is not necessarily that it doesn't live up to a, to the gravity of the situation of my view. i think there has been a serious and ingenuous attempts by searching states to downplay the effect of these provision measures. so we had the representative of the us of the security council saying let's talk about what the or the court did not order sees fire. and
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this is quite a shameful and disingenuous damage because the court in such situations does not order as fire and the some of their situation to that is that of yeah, bar where the court did not order suspicion of facilities, but it with orders immediately the stopping the genocidal act. so if you look at the provision measures, if israel wants to implement them, they effectively mean these, these higher. now i totally understand that it's hard to sell that to people on the ground. i'm originally from guys, i live through and survived 3 of those ministry aggressions in the guys district. and i know how people feel, but it's important to clarify for the public. the fact that the provision measures didn't not order's decision of facilities. it does. that doesn't mean that they were not good enough. i think effectively this, that means decision of as soon as he's my only reservation on the provision mattress, i think would be a 2 fold. one. uh the uh, giving israel
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a whole month to comply with the order. i think it was a long periods considering the serious risk of genocide that were facing and the fact that the court did not order is or out to allow fact finding and emissions and previous cases the court has relied on the reports of fact finding names and commission of inquiries to establish in the side. so the big question for the court is if the court so plausible cause for genocide wide, gave a whole month for his right to comply. and why didn't order is are to allow fact finding mission is to access to the territory. and the big question, the most important question now is when the south africans refer to the cord that israel is not complying, and the court need to intervene. what will the court do? the court has the authority to a step in and such situations because israel is ignoring and supervision measures and making a mickery not only of the court's ruling but of international law as a whole kind of,
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if by the end of this month. so lawyers from south africa go back to the i c j and say listen, we gave these riley's you gave, these right is a month. and within that month, the relentless bombardment continued. the property was destroyed into areas were raised, people lost their lives. this is a strong indication that isabel was in breach of that provisional advisor with that resonate among the judges. well, the question for the judges will be what to do at that point. i mean, i personally and i, i gotten a sense listening to that, that he would agree. i felt that the, the quotes either replied this integrity with his reading. i think stay when about as far as they can go. i would agree with the him at that to older cessation of hostilities was not really that would it be in a stretch really? on the genocide convention, they did or did what they could order, which was dying. commit genocide as maxine humanitarian when
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a eccentric center. so i think it was a strong odor, and the code itself does not have any enforcement capability. of course, it's a consensus based mechanism, which was set up essentially alter the 2nd law as well to prevent further conflicts . so the quotes with the results that disputes that rather than cutting tool. so the only part the, any body of the united nations that has the authority to, to carry out any inforcement option is the security council. and of course, the security council, it is fairly unlikely to act in this matter due to the, the type powers as we know well, how much is spent quite some time on the politics of reconstruction in different parts of the world. i would like to ask you a question about gaza once the war is over, once this is over x, but i think it with that goes a decade to rebuild. this thing is going to be a purely technical issue or a purely politically motivated issue. the recalls flexible, gaza. i think that's
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a great point because i think it also connected to the previous point that kids, i'm definitely mentioned. you know, even if the best case scenario where the court to reissued and ask for a seas of association of authority after, you know, after the month is over, we have a problem in the implementation and in the execution making isn't of such or those . we basically come back to the coloring where the security counseling and the the, the us using good the v 2 in order to prevent and the implementation. and i think that is one of the core political issue that has been an obstacle on obstruction for many, many, it is or lucian's in the united nation over 72 of them that has been vetoed. so the problem is, or was, had been political rather than legal or rather than any other, any other justification on the same issue on the,
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on the reconstruction under the buildings of guys, a guy that has been destroyed the different scales in 2004, 14 you know, and for other wars and guys, and it's always have been the politics of the military and the military control to visit our loan, those borders, it's the making isn't that they put in a place for implementation. and to what extent doesn't done set of interesting and i'm saying, well, have a decision or in, in the process or for the building? well, you know, from the theory and the practice that the more, the, the more the, the building making is ends. auto impose via the, the, again, in this case is that i am or the united states or other countries. that list likelihood that this, that even thing would take place in the benefit or for the benefit of the palestinian and nation that movement or for the people on the ground and not on the issues or for accountability and corruption and the other. but also, you know,
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we do the building an older not to go back and destroy them after 5 or 10 years. and i think that's where the problem is. will you and that barry bid the life and the infrastructure, but more important you, whenever you build on the basis of a politic television, a political agreement, there is a condition that will put event a another war in 56 years. another controller is all over the board that wouldn't be extremely delicate, full. the parties not to move forward without the road map when it comes to the reconstruction. because for example, the americans, these varieties of the europeans, there's a general consensus in the western hemisphere that have not should have no say in the future. and this explains why the they say that the policy or for the has to take over gaza any time soon. how do you see the construction of guys when you don't settle, who is going to take over and who should have
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a legitimate right over because of the 1st of all, answering this question, allow me to to, to say that it's all new for the palestinians themselves. to decide who govern which part of the combined pulse, st. jude tree is not for the americans is not for western governments. it's only for the palestinians. it through a democratic process through elections. notably, israel has been fronting postings from having elections in east jerusalem. and that's the only reason that we don't have a democratic process. the big questions for western allies of is, are all, if they're so a supportive of democracies and want to see a don't know cryptic process. why? for the past 2 years, they didn't pressure their ally in the middle east to allow the palestinians to have elections. and this is this, i think needs to be clarified that the outset, the 2nd thing is you're absolutely right. and several people still waiting to rebuild their homes that were destroyed in 2014, for example, or even back in 2012 or 200-2009. so this is a,
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one of the most important issues that need to be discussed. and the gods are that we know because of the i grew up and no longer exist. the north end of the guys, this trip has been destroyed. i was in california last month justifying, in a case against president biden, or of state clinton as a good array of defense austin, where i testified to that effect, that everything we know and goes, it has been destroyed from my kindergarten to my university. and this is also to allow me to touch on something. and kate said, of course, genocide is hard to prove. of course the threshold is very high, but the level of destruction that we see in does the intentional attacks against hospitalized schools. these are all a serious signs of the intention to estimate the claims the published thing and destroy them in whole or in part because in every arm's comfort. ringback and the hospitals are the main point where it gives the civilian population to feed into their safety, where they can receive medical as
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a medical care is. there also has been deliberately targeting hospitals from the north to the south. and the in a clear plan to push the pa, this thing is to create conditions to induce them to leave uh, to sign i, and this is the new plans i just have a often spoke about the guys trip and the guys a book position as the more graphic burden, a case never before have any will been so documented the way the one goes that has been documented by media and by activist on the ground to the, to the point where people now are drawing paddlers between what happens and goes, uh, what happened long time ago in the german city of dresden. now from your own previous experience, it's both taylor bicycle operations in one. but when on those the, what do you think wouldn't be the biggest challenge facing the people of gaza once they sit? this is all over. oh my goodness, what's this going to look like once it's a little?
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and i think because there is really a unique situation, i mean, every situation is unique spots the situation and you can slow avia. and in rwanda is quite different in terms of a certain tire to emerge to of who is going to be in charge and who would be organizing the reconstruction. and then that was a cost massive support from the international community in both of those 2 situations where i here we have space battery, fundamental, political issue which is on results. and if i could get back to you earlier about the volume of the evidence though, as well as soon as we're discussing that particular order is the quote. i think the volume of the additional evidence, a space and a great, you know, it's a blessing to investigators and prosecutors, but also, you know, a significant challenge. and this isn't the only conflict across which is being faced with this. i think the most economical situation might be syria. why that
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isn't huge digital archive for it. she's being managed, at least the punishment has been code. and i say it's by the independent investigators mechanism which was set top to syria and by the united nations. and then making great steps in trying to understand how to search and to categorize this huge well digital evidence in order to identify particular individuals in particular case locations. and i think just from the technical perspective, that's clearly going to be very relevant to how doug is prosecutors. investigators are going to be able to deal with the welcome of digital evidence. so what we're seeing coming from gaza? well, how much does he know the part of his, of reconstruction is complex. the points one of the americans behind closed doors are asking countries was the country, the gcc, for example, to step in and provide financial assistance. so the reconstruction, some of those countries of voicing can so saying we have to wait and see who takes over. does that to does that you have to of the policy is what, what,
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what's the next, what's the way forward? but before that, all those are trying to bring the, how much on the policy, you know, follow it to you to negotiate a political sacrament. all this, just with the help to move forward under his thought, the reconstruction. how do you see that process on for the near future? is it possible? does it make perfect sense of the body seen as themselves? well, i think that's the, you know, that's like i, like i said, this is the more, the, the thinking today. and also based on our knowledge of post going to the construction and they post conflict situation, the more the more inclusion and the more the political agreement that wouldn't be at each or the outcome of the war. the more it takes into consideration, the needs of the aspiration of the people who were involved in that existence. well, then it isn't meant that i'll filipino it as sort lanka, whether it is and bosnia. and the more you do inclusive agreement and take into consideration the voices of for the student i'm given, follow that as you know nothing, nothing about us without us,
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the more you can secure and to prevent the next quarter. so it all depends on what type of its intention and what is the kind of winning waiting list. they will have 40 percent genuine, protesting and state, okay. genuine or forwarded to any place that will give them to see me and their national liberation and aspiration. and i think that's the code issue. even if you decide don't genocide or you don't decide in genocide advice you of the day you have a $100000.00 people get it and engine and that need to be a but it's got an agreement that allow the palestinian to have them set up the termination and dignity, i'm not in less than 50 a seconds what goes a bit. when it goes i that'd be the same again because i would always prevail because it will always prevail. and despite the oppression, despite the destruction, and the people who guys are teaching, all of us sends out to hold on to our humanity. and as our window to the reality of
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this word though, we don't live in a post colonial award. but unfortunately, we live in a neo colonial and an imperial one. and gaza is spearheading resisting that a donation for minute. ladies and gentlemen, i really appreciate in your inside looking forward to see how this whole case of the i c j with on for the in the near future. kate mcintosh, i met a before and how much of a thank you very much indeed. and thank you to for watching it and see the program again. any time by visiting our website. i'm just the dot com for further discussion. go to our facebook page. that's facebook dot com, forward slash a j inside smell. you can also join have a conversation on the phone x. a 100 is not a jane size. so let me ask you about about the entire team here in the bye for now the a really unique perspective i want to leave. i don't want to,
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even if i'm not reporting, i want to leave this and it was really a formatting thoughtful this coverage and there's no reason to target the journal on her. it's voices that i'm of the patient. please connect with our community and tap into conversations you will find elsewhere, means that women are delivering babies in the shelters in the rubble of their own hugs. and this is unacceptable. the stream on out just the are mazda, some big a supervisor of the united states, victorious guantanamo and background detention centers, and it's so cold war on terror. now human rights activist campaign for the release of the last i've gone have been one time, will be retraces as steps revisit cuz that's it. that's by the echoes of background with this documentary on the jersey to accommodate
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beyond wells. taken without hesitation in fulton, died for power, defines how well we live here. we make the rule, not them, they find an enemy, and then they try and scale the people with that. and the people in power investigate, expose this and questions. they use them to be the power around the one out there. what constitutes exempt. so we can talk to a see i want you to start with just the fact whether as to what happened as independent. we won't be, we want the education i want to. we don't have lead them in different countries and policy and it's meant to get 50 percent representation and accountability and benefit. no $1000.00 service this claim and you're saying you'll
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have your reports for that. i should just trust that unity often is the cold, that used to produce outstanding gentleness and elders, the integrity in the pursuit of the the if you're watching the news on our life or my headquarters in delphi, i'm getting another gauge i'll coming up in the next 60 minutes. israel targets more journalists in gaza. 2 men are critically injured in hospital, one of them and out as 0 correspondence is really tanks snipers attack areas in and around and last set of medical complex,
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