media of the next few days the weather brought to you by visit cuts on what happens in the. 1 has implications all around the world. it's international perspective with a human touch, booming way in and then pulling back out again the realize emissions. the court has ordered these well to prevent destruction and gaza, yet it submitted to is blazing and tying neighborhoods to the grounds. last ways of this trip have become uninhabitable. so what would it take for his wife to stop it for? this is inside story, the

hello welcome to the program. i'm how sion have a bottle is why is more has laid waste to the gaza strip? 85 percent of the population has been displaced, much of the vitality of structure a 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. link 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, for is a way to comply. let's take a closer look at the extent of the damage and gaza to, according to satellite images, assessments by international aid agencies. and that goes from the government government office. more than half of all homes in the strip have been damaged since october. the 7th education facilities have also been targeted. 346 schools have

been possibly 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 8. there's plenty to discuss with august the 1st this report to gaza has become unrecognizable whose businesses, schools, mosques, churches will raise 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 the israelis? the situation is very difficult, so it's right to construct the 10 just so we had some shift on the international court of justice has ordered israel to take steps to prevent the destruction of and

preserve evidence related to any possible acts of genocide. but it's 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. 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, a team to be livable. all the strips, 35 hospitals,

5 only partly functioning. just one specialist facility is still operating. so now let's look at 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 or the u. n. was it could take decades to rebuild garza and is quoting for hostilities to end immediately. veronica pedroza al jazeera. so inside story, let's bring in august. it was a headache, a month before is a legal research, a, an advocacy office that will help an independent policy where vice organization based error on my law. and i'm still done. kate mcintosh is the executive director of the university of california. i'm assigned to this law appointments institute to europe. she was involved in the development of international control and it's early

is and contributed to defining many of its elements here in the how we have. well, i'm a born in a professor of the school of international service international peace of conflict resolution at american university in washington dc. welcome to the program. how much we've been over the last few days talking about the different aspects of the a 6 or those that were issued by the international court of justice and whether as well was in compliance of those laws. 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 the mind? and i think the court had a mind uh old kind of the evidence, the hash him and the allow me. and just to clarify that in relation to all work as of hardware, the oldest human ross, organization and pal to sign and in the region. and this is the 1st time in our history since our establishment,

9 in 1979 that we had to announce to the public that were 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

south africa, but by a number of states as just before starting to show it was announced by so i don't have record of that yesterday. so for guys, oscar the court to consider and, and as going on an urgent basis 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 article 75 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, the order of the court. hey, 20, you see that provision the mazda of i v i c j,

which says i use 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, which we've discussed of the special genocidal intent. so when the cool comes to this thought to consider the full proceedings pop, these 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 a very high threshold. actually has to be the only possible inference. so they 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 try that facebook, social media accounts or otherwise. so there's all sorts of evidence that will be relevant to this request. i'm in 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. well, 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, 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, the underwater leaf agency is and, and then tell yeah, the infrastructure and 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 effort before it is definitely a, 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 listing and can since then, and do have also if you 1000 injured as well. these are, 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 since the 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 sea water in the, in the kind of that there's already been doing for, for the past few months that have a major effect on the livelihood. and also of the capacity 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

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 procedure . 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 the ruin and host basic instant is just to survive for another extra day. and, you know, the, the way the provision measures are a drafted and, and decide it is not necessary 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 metro. so we had the representative of the us and the security council saying let's talk about what the or the court did not order cease fire. and 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 myanmar 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 and the guys a strip. and i know how people feel, but it's important to clarify for the public that the fact that the provision measures didn't not order's decision of facilities. it does, it does, doesn't mean that there were not a good enough. i think effectively this, that means decision of a service is my only reservation under provision interest. and i think would be a 2 fold. one. uh the uh, giving israel 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 a order as well 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 coordinate to intervene. while the court to 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, 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 a 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 a breach of that provisional advisor with that resonates among the judges. all the questions that the judges will be able to do at that point. i mean, i personally and i, i getting a sense listening to that, that he would agree. i felt that the, the quotes either retired this integrity with his reading. i think they went about as far as they can go. i would agree with the comment that to order a cessation of hostilities was not really that would have been a stretch really under the genocide convention they did or what they could order, which was the commit genocide as next in humanitarian when 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 that quotes with the results that disputes that rather than going to rule. so the only part the, any body of the united nations that has the authority to, to carry out any enforcement 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 because once the war is over, once this is over x, but i think it with that goes a decade to rebuild this think is going to be a purely technical issue or a purely politically motivated issue. the recalls blackstone, gaza, i think that's

a great point because i think it also connect to the previous point that kids, i'm definitely mentioned that you know, even if the best case scenario where the court would reissued and ask for a seas. well, it's just ation. if i started it, after, you know, after the month is over, we have a problem in the implementation and in the execution mechanism of such or those, we basically come back to the coloring where the security counseling and the u. s. 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 and obstruction for many uh menus, illusions in the united nation over to 70. 2 of them that has been vetoed. so the problem is always had been political rather than legal or rather than any of that. okay. any other justification on the same issue on the, on the reconstruction and the buildings of gaza?

gaza has been destroyed the different and 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 defense that are on those board. does that make and 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 in, in the process. so for the building, well, you know, from the theory the practice that the more, the, the more the, the building making isms are imposed via the, the, again, in this case is that i am or the night states or other countries. that list likelihood that this, that even thing would take place in the benefits or for the benefits 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, we do the building an order not to go back and destroy them after 5 or 10 years.

and i think that's where the problem is. you and that barry bid, the life and the infrastructure, but more important to you whenever you build on the basis of a politic television, a political agreement that what does it come? condition that will put event a another award in 56 years. another contort of is that i'm over the board. there wouldn't be extremely delicate full. the parties not to move forward without a 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 how not should have no say in the future. and this explains why the they say that the policy will forward to it has to take over gaza. any time soon. how to see the construction of gaza. when you don't settle, who is going to take over and who should have a legitimate, the right over gaza? the 1st of all, answering this question, allow me to, to,

to say that it's only for the palestinians themselves to decide who govern which part of the bypass 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 the more credit process. why? for the past few 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 at the outset. and the 2nd thing is you're absolutely right. then several people are 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, 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 gaza strip has been destroyed. i was in california last month justifying, in a case against president biden printer 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, if you 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 ethnically cleanse the palestinian who destroy them in whole or in part because an ever armed conflict. and the hospitals are the main point where it gives the civilian population to feed into their safety, where they can receive medical aid and medical care as well. it 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 a to sign i, and this is the new plans i just have a often spoke about the guys trip and the guys of population as the most 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 patters between what happens and goes uh, what happened long time ago in the german city of dresden. now, from your own, previous experiences, both hitler 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 and i think the counselor 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 these very 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 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 that 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 the charges plus the gauges investigate is going to be able to deal with the welcome of digital evidence. so what we're seeing coming from gaza now, 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 it takes over. does that to does that? you have to of the policy is what, what, what's the next, what's the way forward? but before that, others are trying to bring the, how much of the policy, you know,

follow it to you to negotiate a political sacrament. all this, just with the hope 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. whether 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 are for the student, i'm given follow that, but as you know nothing, nothing about us without us, 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 they are 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 a 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 since, how to hold on to our humanity. and as our window to the reality of 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 well, 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 study. can also join have a conversation on the phone x. a 100 is a jane size. so let me ask you about about the entire team here in the bye for now the, the power defines how wow we live here. we make the rules, not the people empower, investigate, exposure and squints,

and they use them to be just of our around. but the one out there is the 1st one they saw that we see in the real time it's the victims themselves. there's a disconnect between what we are witnessing on social media versus what we're seeing on mainstream. it is always an attempt to frame a 2 sides of them, but there is no 2 sides to this. the western media does have a western bias who understand what they are looking to see out and raise the listening post covers how the news is covered. expo 2023. the world, the fascination every

joint and let's discover a better world expo 2023. the business latest is real to you believe i guess is aligned slowly on one of your this makes modern pleads. the the

business like just is free to you, i guess is an ice fly on one of your makes modern plates. the . ready the alarm sort of any a, this is the news our lives from bill coming up in the next 60 minutes trying to silence the messenger. and alice's 0 correspondence and of how this thing in turn list and gaza are critically wounded by and it's really drone strike the code red, southern gas as largest hospitals is really tanks and snipers attack areas in and around.