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tv   Inside Story  Al Jazeera  February 19, 2024 2:30pm-3:01pm AST

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no money, no arms, no trade, no, nothing. more un members are blige by law to end israel's presence on the territory of palestine period. in concluding, mister press the members of the court. they are responding to the unfortunate point managed by small number of states as an opinion from this court, which somehow negatively impact future negotiations. great respect. the truth is the very opposite. first, the court has confirmed reading about a senior and people have a right to self determination. without derogation. the existence, an exercise of the right to self determination is not and can never be a matter for negotiation. second, the function of this quote of these judges of you is to stay below to spell
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out the legal rights and obligations that will allow a just solution in the future. in conformity with international law or the political context is totally irrelevant. the legal questions in the mid, the, in the wall case, in the try ghost case law had a political context. but the court did not blink. it has never shown right away from drawing the consequences of the right to self determination and shake offs. and in the media, the advisory opinions have been significant and positive in the outcomes and effects by identifying the applicable legal principles and then applying them to the fact. the court performs a most significant, uniquely significant role for protagonist and for the international community. as
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a whole, the great respect to my friends from the united states and it is the very opposite of what they have for the function of this quote. in interpreting and applying the right of self determination of the palestinian people can only assist in a solution based on the little by stretching out the parameters required by the law. to resolve the matter, a full flight advisory opinion from this court makes a resolution more likely not best suppressed. in 1945, professor hush naturopathic wrote self determination is an enlightened and beneficent ideal to which the formation of states must conform. if both justice and the peace of the world ought to be secured,
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such as the beating heart of self determination, the idea that or people must be able to determine for themselves their lives and their futures and hush, now to pack personally knew of what he spoke and we know that he was right. israel's actions, as you have heard already today and will hear in the coming guys manifest grave. i'm continuing violations of the right of which now to pet spoke. and we invite this quote to so declare to help bring to an end this a front to now the palestinian people to determine the conditions under which they will live in their territory under the government, under the little introduced so fully and to do so forth with facts for the international law requires no more and no mass, mr. president,
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or thank you for your kind attention. and i invite you to cool professor polite to the boss. i think we're present funds. i know it's not preventative police, but the, the quote was the autumn was you profess today? i will mister president, distinguished members of the cool, my colleagues summed up in the limited time which they had. the principal internationally room for is to be attributed to israel stairs has been more links lee and precisely described and in the written comments of the state of palestine. but also in those of the vast majority of the 56 of the states
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and international organizations who have participated in new proceedings. so it falls to me right now to 6. think the recapitulate, know these egregious foundations themselves, but the legal consequences arising from the these consequences of the very subject matter of those 2 questions posed by the general assembly to the courts in space. and then relate to the legal consequences if they put no documentation. so the a p t will always restrict myself mid a to commenting on the list of learning the internationally wrong flags of which israel is responsible for it to do that i would exceed by far the time at my disposal may either be allowed to distinguish those of the court to refer you to the passages in our written comments and those of the majority of states and
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international organizations participating in the written proceedings. who says how these consequences and particularly relevant and careful fashion. those references will be listed things to the tenants and efforts of the registry and the reports this evening. and can also be seen in the items of your table, which you can find on to tab a p. one of the fuel charges folder is for all the a loan. the table don't have to say i'm going to save you. it's about the minutes. in any event, this listing cools for a number of comments with pretty mention well firstly has emphasized by the participants in the written proceedings to the agreement on this point. the legal consequences for israel arising from the a pig, poor rules up primarily. those codified by articles 29 through 37 of the 2 tests. one i'll see, draw off those state responsibility. these to you of course,
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with the full reparation of home caused by action. so emissions vis, row. but also with this is sation inseparable from the to choose a carry out those obligations breached and the obligation to offer guarantees of the position. another point on which there is a very broad consensus relates to the nature of those obligations breach that generally speaking, the participants to the proceedings consider that these are serious foundations, by israel, of obligations arising from the prim create norms of general international definition. and the consequences of polish the code if i do not to goes 40 and 41 of the articles with the on l. c. this is because principally for a prohibition of acquisition of territory by the threats or use of force, the obligation to comply with the right to self determination. a number of rules
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arising from human it's area in lieu of protection of human rights. and specifically the prohibition of racial discrimination in that part page. there are many points out on pass. so this in the ration overlaps striking, the, with the known exhaustive list of norms that the l. c. had previous, the designated as having the status of peremptory and all this which would next to the draw findings on peremptory norm. so general international use cousins, my colleagues says, showing this links and i will revisit this again, solely to illustrate the trick to the consequences which claim from the very nature of print, pre norms that me kind of, if i have of these primacy principles, you can see the table on the screen. all sorts of increase of detail done the
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detail, excuse me, in the documents, but you can find out the tab 833 in your files. the reason why it's helpful to sing that these obligations is on the account of this specific consequences 1st, and this is the starting point, given that they are peremptory norms, they are binding opponent. they are binding upon and independent of the consent of their recipients, stick them to like what some states would wish you to believe you called in to them as they're engaging all a the from the rules of just co gains. no. for the shots of the u. n, which constitutes the supreme norm, tracy breakers security council, and the court. and which of course binds them both. furthermore, or in news, circumstance can exclude no circumstance excuse me,
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can extrude the wrongful is of any i to a state which does not comply with the obligation arising on the printer. you know, of general international rule. this principle is defined by all good 26 of the i'll see all schools of 2001 and this recall to by the equally important trough conclusion, 18 of oil c charles on print tree norms, generally especially blue. and finally, israel count hide behind a ledge to circumstances precluding room fullness to justify the violation of the certification. switch off rent 3 and in transgressive will be added to. these considerations are equally valid. neutrality is retained disregarding obligations flowing from the recitations of the security council. and the 1st and foremost, of course, for those decisions taken on to chapter 7 of the charles. and you can see the relevant list of the tab 3 of your folders being moved case in
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no case may negotiations. gordon's question the no such as co guns. one of his main consequences, as you will know, is the boy eating of any treaty if the talking to its conclusion that come fits with the peremptory no real general international law. so the conclusion of negotiations may, in no case, become free to the print pre norms, which i set out just a few minutes ago to countries and finding resolutions through the security council . the thieves resolutions generally reversed the form, applying them to the specific context of our case. mister preston, country to the us employed in the written comments. the holding of the go see ations is not necessary for us to draw the consequences of israel's violations of
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its international obligations was violations has been established and attributed. and in this case, this is beyond dispute as and indeed is undisputed the responsibility of the auth. uh, exists ipso facto with old attendant legal consequences. so tonight is some states . a few states have inverts into idea. one sentence quite said the context taken from your opinion of knowing july 24 in the will case. i quite this tragic situation can be brought to an end only through implementation in good faith of oh, relevant security council resolutions in particular resolutions 2429783381973
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of quotation. but, but all you say is that the states of palestine, which is ready to do so, an israel, which is far from is, must apply the resolutions of the security council. and they must do this both to ring and independently of any negotiations. and in your opinion on the will you never consider the so cool that goes, shaping frame would prevented you from routing on the legal consequences of it's a legal construction may i add that? no, it's a resolution to for, to know resolution 33 age with the directly to the responsibility of israel for its practices and policies towards the palestinian people. only the 2nd one of the is the best solution,
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338. coastal i quote coast for negotiation between the punch is concerned, and appropriate hospices am to establishing a just an turbo piece in the middle east. so it's not the crest of responsibility in this question is as topic cold as ever sticking to the world opinion. you cool the general assemblies attention and i quote you here to the need for these efforts to be encouraged with a view to achieving as soon as possible on the basis of international. i repeat that on the basis of in special a negotiated solution to the standing problems and the establishment of a palestinian state existing side by side with israel and southern neighbors with peace and security for
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a full be in the region. let me underscore on the basis of international showing up as you'd want to assume that as another consequence of the print treat nature of the nomes breached by israel, is that israel cannot rely on a nice come stance to escape its responsibility. bid on the grounds of some consent, purportedly given by the state of palestine tool by invoking self defense, o necessity. no more. may israel just fall accounts of measures as a response to an internationally wrongful act that it might imputes to palestine as the oil see though to quite rightly in this country of article 26 on is onto cause a state responsibility like quotes. then the for example, a state taking count,
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some issues may not direct gauge from such a noun. the pre, if necessity, cannot excuse the breach of a parent renewal and disorientation. first things are kind of strong, just not denied that to, to practically implement israel's obligation towards it. and the purpose to new people that negotiations could be useful indeed necessary. but as far as peremptory, no obligations, arkansas, this would only be to settle practical issues. there is no way that such negotiations. so the perspective of such negotiations could serve as a praise pretexts to exonerate israel from its responsibility or listening the consequences or delaying the implementation.
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i can say yes, thank you very much. i need to distinguish those, the court as you will really cool, but in the, the state of palestine, but also a number of, of the participants. the publications incumbent upon israel to draw the consequences of its internationally reflex, all in conditional and immediate that's the case for the obligation to put an end immediately and into a dish and a to complete a, to the occupation of the state entire tree and creating is curious that this is an
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occupation, as you will made last in almost 57 years. i say the obligation to put in an image of the condition, the incomplete, the, to the occupation of 1st entire tree. including east tourism and occupation lasting almost 57 years. 518 into adf, is the presentation of the acquisition of terry tree by the threat or use of force, the rights of the palestinian people to self determination. or the prohibition of racial discrimination and apartheid. and those fundamental principles protecting human rights and arising from the humanitarian rule as also the case for the obligation to cancel or religious disease, or rick of the 3 techs. and the next thing is to reset them or any pause,
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any part of the tar treviss by this time, and disregard of his territory integrity as well as those organizing the exportation of his natural resources. with the obligation as well to put that into the policy of apartheid and racial discrimination of which the palestinian peoples, a hard estates in both c o, p t's and in israel. this is also the case of the application to resend all measures aimed at modifying the democratic composition of occupied territory, teaching jerusalem and the state disability faces. and in the same spirit, the prohibition to establish a diplomatic missions interested at the same price to the public ation to dismantle settlements in the p t o. the obligation to ensure the return of palestinians is spelled from israel and from
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peachy the descendants. and to rest the 2 properties come this guy to be the property. but the real and personal proceed to the palestinian 9 s and to pay them the, the owners, it's right. appropriate compensation and further the obligation to search for prosecute and punish deal because of all crimes, crimes against humanity, including apartheid or genocide, whether the creatures violations of human rights may i be allowed to refer you members of the court for the table you can find to have 61 of your folders which summarizes on the basis of the reply as opposed to the state of palestine and a number of other participants in the proceedings. those legal consequences on which you are cold through mister president,
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the sick country obligations if you will, that i've a new right to this fall of the consequence of israel's practices and policies pursued in persistence. an egregious violation of the obligations of peremptory numerous of generates a national rule. and in 1st place was a legal occupation. it's denoted processing and people's right to self determination, which is the source of all these evils. well, israel to effectively as 50, it could itself of these obligations is ray a would be cautious, the re establishing the situation which existed before their own flap was committed . without that of course, adequate. the repairing the men saw him close to the people of palestine since the 1948 night, but to the extent that this home cannot be repaired by restitution,
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israel most discharged to other obligations consistent with the principles k divided all schools. 3436 and 37 o'clock goes to a 2001. israel must compensate the victims of its x and gives satisfaction and reparation of the damage caused by its inter, initially roku x. in the full recognition of its breaches. expressions of regret, form and excuses. oh boy, any other suitable means? i wouldn't say more about compensation except to recall that reparation must be in time and it is the same is true for those pilots, indians who bought rent victims of is ready atrocities into 80 on account of the infringement of human rights achievement to the mandatory new one in particular, probably quotes the pick ability that you need the convention relative to protects
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the civilian persons in time before 12 august of 49 to only arrow to reprise occupied by israel in 1967 and of quotation. this is a security council resolution i continued, but in the framework of the interest in proceedings distinguish most of the court. it falls to you to a, from the principle of compensation and not the content. however, you can be more precise regarding the satisfaction that the state of palestine is entitled to expect from israel. especially given that the security council and the general assembly have already made specific and legally binding findings. in this respect, the security council in 1967 for and i quote them to provide the
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knowledge of the sovereignty territorial integrity of political independence of every state in the area. this appeal to israel remains without effect or to have any d should more than ever encourage those states who have not yet done so to follow the example of the 159 states who already recognized the state of palestine in that so same resolution, the council, of course we're encouraging that again the guarantee of the territorial in finding a busy and political independence of every state in the area. every state that includes of course, without the state of palestine. though these decisions are these all binding decisions. well rehearsed, reiterated on numerous occasions since the important resolution 2334
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security counselor, 23 december 2060 which is particularly important. and because it's so important you will find it on the top, 6 full annual folders. it has to be said that israel paid no attention to this on the now, mr. president, if ever that was a situation in which these guarantees of no repetition, forcing but all to the, to the articles the i see apply. it is this case for almost 57 years, despite the repeated appeals of the general assembly and the security accounts of the un and numerous other international organizations to be the entries of governmental. israel has hopes to the stop to it's policy of oppression or discrimination against the palestinian people in breach of the most fundamental
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principles of international law. and boy, its practices has continued the excessive pay to the situation with the concealed objective of making it possible. the realization of the palestinian peoples right to self determination. a split me points out once again the security council last for many is expressly called upon israel to discharge all of these obligations. as you can see in the table on the tab 62 of your folders, which summarizes all the relevant resolutions to the security council. and the general assembly assisted time and again on i create the, the urgency of achieving without delay and, and to the is re, the occupation that began in 1967 end of the quotation. and of
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course, as well to bring to an end, the other violations of israel and its obligations whose urgent nature it emphasized by saying image of the mister president, given that it is legally impossible for palestine to renounce requiring israel to comply with is peremptory obligations. the kind of goodness nature and the seriousness of the violations by israel have major consequences both 3rd states that they all set out minima in our school. 41 of the aisles. see all schools the security council and the general assembly have repeatedly called upon old states. i quotes not to provide israel with any assistance to be used specifically in connection with settlements in the occupied territories. a still,
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broadly that has a clearly risk to the obligation of the u. n. a whole states not to recognize the situation resulting from the uno full occupation to palestinian territory. not so it provides a door assistance to make the distinction between occupied palestinian territory and is ready to entry and to comply with and enforce international inc. this implies that the responsibility of israel should be implemented and that the resolutions of the security council should be a probably by practical means. excuse me. mister preston, the principal sets out no school for c. one. describe some of the essential and indispensable consequences of any serious violation of the obligation of the
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peremptory the arms of international such knows all rare it is true, but israel has seriously and systematically grieves most of them and continue so to to. so israel must assume the consequences and it's up to the course to remind israel of the dentist, especially if i the contents there of in the lights of the facts of the case once again, because i don't have to tell. i mean, because it's very them. yeah. do you have fully come? i haven't really request you to refer to the rather offense pattern across as all of situations and other sort of comments and origin statements on the record and send across style. the 3rd states, as starting with the you and most prohibits the provision of his rare with any ministry or technological assistance which could be used in the i p t including
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kinds of cool to perpetuate, to reinforce its occupation. and the regime of racial discrimination apartheid instituted by israel. this prohibition covers oh, authorizations for any type of strange which could be used to such ends. first days also have to age and assist palestinian people, including with few cheese from the time of the type of observation. fed recent is ready atrocities. keeping the means necessary for the subsistence into the idea of the compass and international organizations. and that we should include on right fitness, the state still, they want to know just data and robot. as soon as 12 gym tell you what, continuing or special coverage of the united nations highest cord, which is holding a series of hearings into israel's illegal occupation of palestine in palestinian
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