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tv   Inside Story  Al Jazeera  February 20, 2024 3:30am-4:00am AST

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the power, no understanding the reality reporting from the action. the hospital with fearless journalism just behind me. hundreds of people have been evacuated as an in depth coverage thailand states. it's future of fossil fuels. nope. renewable. i'll just use teams on the ground. bring you closer to the heart of the story. israel is once again before the i c j. this time for public hearings on the consequences of its occupation to tell us to be in service for its. it's more pressure on it's ministry wages on concepts, but does as well care about international justice. and what's the difference? what is the this is inside the
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hello and welcome to the program. i'm adrian sent it to the international court of justice as hearing submissions on israel ls occupation of palestinian territories. it will consider the legal consequences of his wales, ongoing breach of palestinians, right? the self determination, as well as how is where the policies impacts not only the occupied areas, but also other countries and the united nations opinion advisories by the you and this top code unknown binding, but carry significant morrow and legal authority. so when a decision is announced, it will have global implications. dimitri method jenco sets the scene for us, israel's occupation of historical palestine again more than 56 years ago. in june 1967. it's 6 day war against egypt, syria and jordan killed about 16000 barrels. israel took control of the west bank east jerusalem, and other areas, forcing hundreds of thousands of palestinians from the house. and so began the
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longest occupation in modern history. the international community has never recognized israel's annexation of east jerusalem and the west bank. yet they and the gaza strip remain on the israeli military control today. under the pretext of security. the lives of millions of palestinians are dictated by hundreds of military check points, color coded permit system, and the separation war. israel has increasingly expanded jewish only settlements, creating a system that privileges, jews of a non jews, 10 percent of israel's population lives in these settlements, which are illegal on the international law. please be seated. this thing is open now. so you and stop court is waiting in the course at any time after the court will meet to hear the oral statements and comments on the request for an advisory opinion submitted by the united nations general assembly to the court on the
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question of legal consequences arising from the policies and practices of israel and the occupied palestinian territories including east jerusalem. then out of those, during his presentation, you are listed in foreign minister, re add mounting said the only solution is to end israel's occupation of palestine unconditionally and immediately is all ending, as well as impunity is immortal. politicos and legal competitive successive is ready. governments have given the stand up people, only 3 options, displacement, subjugation, or death. these are the choices, cleansing apart tides or gym site. but all the people out here to state of the proceedings will see 52 countries and 3 international organizations deliver submissions over the course of a week. the case is separate from the one brought by south africa,
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which accuses israel of committing genocide in gaza to meet you method and go out to 0 for insights story the will go to, i guess in just a moment, but 1st let's speak to re up now to the foreign minister for the state of palestine for john just now from the hague. and it's the thank you for being with us on up to 0. what do you expect from the i c j when it publishes its opinion? well, we don't expect uh, starting to a decision. that's what a, with an end to the is what are the impunity allows for a clear accountability on that if he takes away from islam that the shields uh, in terms of, uh, uh, being accused of so many crimes that they have really committed over the years is what is prolonged the patient has to be recognized as rightly colonialism and
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the, the, the, the system a lot on the side has to be also recognized that the such, we do expect a huge, if not historic, the decision that we uh expose is arrives reality on forces, so many countries that have been aligning themselves with as well to the, the points of the relationship and their position to us as well. but as, as we were hearing in the report, the court's opinion is law non legally binding. israel could ignore it, as it has done before you hoping at the very least that the court's opinion will pressure is rails allies of the international community in general to take punitive steps against it. well yeah, of course, you know, we know how is why it behaves as well. it does not to show any, uh, you know, that it has to, in gauge with any decisions that really comes from the court or outside of the
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court, including the united nations system. but you know, we do what's the laptop, the emphasis expectations on the, on the action of the western world. countries who have been always consider to be close friends of his royal. i do believe such decisions should force uh, you know, uh the review by such companies in terms of the, to what level the should go to continue that relationship. uh, with his royal window moments that you know, such a decision as they suppose is really and the policies of the, made it very clear that to, you know, aligning themselves with the, with it as well after that decision is on the account, the amount to be really accomplished. so the, the crimes that's a is what has been really committed against the people that our country is, was very much a visual concern sensitivity towards the decisions that, you know, comes from the icy jail or vice it. see the as a result, you know,
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we are putting the level of expectation and hold the company is, you know, with the concept, the relationship with this value of the function decisions, they will review such show relationships. and they, what does it behave accordingly? you know, uh that would make as well. uh, you know, uh if i uh, state that it is what i, uh, would it be uh, isolated from uh, the rest of the countries we, we will take away from them from them. the they're the most, the allies and the us. that's very important that we create tremendous pressure. we are founding on the legal aspect on the ethical aspect of such a decision on the politic on one more of the the only thing goes on will you believe that there are tons of these who cannot but abide by such decisions, respect, substitute decisions and based on it, so they have to go into a process of reviewing their relationships with such states. the hold is right. so
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how so will you make use of this case, this legal case, both politically and diplomatically? well, you know, we are already engaging with the so many countries, the fact that 53 countries are submitting their or a presentation is important. the fact that the such decisions when it comes out to it, say it's has to go back to the assembly. well then i did mention the fact that the there, there will be deliberate ations. i'm encore them, but a states of the general assembly. so no one could just, you know, ignore it or no one could be tried to say, we are not aware of it. they, they have to the exactly deal with it. and probably, you know, we wouldn't think, you know, with all our friends with all lies, all we are going to benefit from such decision any way. maybe we'll go back to the general assembly on the,
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the general assembly resolution to be voted in the general law, somebody in order to adopt that decision and make it, you know, it really got to be on all countries, you know, to the deal with it. and there's so many thanks indeed for being with us on out to 0 that's read now keep foreign minister to the state of palestine. thank you. thank you. i. so we're fortunate to have guests deep and diverse backgrounds. the share of that insights on this historic moment for the product finance. professor, audi insights is legal counsel for the state of palestine. he's in the hague in ramallah and the occupied westbank is nowhere all day. a political, a palestinian political analyst started doha. my friend come rather a professor of government at georgetown university and cancel an author of the books, the impossibility of palestine, the history geography of the road. ahead of won't welcome to you or professor audi insights. let's start with you. more than 50 countries and 3 organizations are presenting arguments that this hearing the largest number of policies to
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participate in any single i c, j. k. since it was established. and yet the court will provide only a non binding legal opinion later in the year. why is that, and if the quote's opinion isn't legally binding, then what's the point as well, thanks for having me. adrian was the principal judicial organ of the united nations, which is the i, c, j exercises, various types of jurisdiction, one of which is to give advisory opinions. these are formerly non binding. you're correct, but at the same time, because it's the principal judicial oregon of the united nations and because it is the highest world court that deals with the interpretation and application of international law, what it says is tremendously valuable, highly persuasive on the international plane. there are streams of cases of this course going back years that demonstrate, even when you have an advisory opinion, states handled by and by them. the rulings in an advisory opinion sheet what is
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regarded as legitimate in the political realm. and so it is a vital import to turn to the court for an advisory opinion on the galaxy of israel's continued presence in the occupied palestinian territory. occupation is meant to be temporary. this one has lasted 56 now going on 57 years. it is accompanied by a regime of apartheid and racial discrimination. it is that's essentially legal. and we hope that when the court comes down with its opinions, ideally sometime in the summer, perhaps injured in july, they'll be saying the same thing. there will be consequences, political and legal as a result. and what specifically are the arguments that are being put before the court right now? the palestine cases brooded in 3. what we call peremptory norms of international law, their edition from which is not permitted under any circumstance. first,
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the admissibility of the acquisition of territory through threat or use of force. israel has acquired territory defacto and the rate of the state of palestine and by its own mission and over many years. second, the violation of the policy in people's rights to self determination through its acquisition of territory through its settlement on child and repentant over the past 56 years. date has violated the pals to me and people's rights to self determination in the occupied pos and territory. and finally, 3rd, the in position on the palestinian people in the occupied palestinian territory and indeed on the policy and people wherever they may be. a regime of racial discrimination amounting to apartheid because these are peremptory norms derogation from which is not permitted. we ask the court a simple question. how can it be that the regime that gives rise to these norms, their addition from which is not permitted itself be lawful? no, we argue that the regime that is,
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israel's continued presence in the occupied past main territory is in and of itself . and internationally, wrongful act, and the galaxy that can only be ended immediately, unconditionally and forthwith nor or they, if israel and its allies ignore the court's opinion when it is delivered, as they have done before, what does that say about the quotes credibility about international law? well, that would mean the, the, this whole system that the world relies on to a function really would no longer really be relevant or, or a very much impact. and palestine has long challenged the system because of this is really exceptionalism. because israel has always enjoyed the protection and the complexity of very powerful allies. it has a really undermined every thing that uh, the international system,
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the international law, and what it stands for. it has really made all of that really come into question more so now than we've ever seen, especially with the unfolding war and the unfolding done aside in gaza. it will be very difficult, i would say, for israel allies to ignore it. perhaps the united states will be the last to join the, you know, the, the march, but i think it'll be very difficult for many european countries to break with precedent to break with their practice of upholding i c. j. well, legs of respecting those rulings of at least not appearing to be in contradiction with them. and in that sense, i think we might have a south africa moment at our hand, where by the same countries that supported at bar tide had to india and join the over whelming majority of the world. that said, this is an illegal,
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immoral regime. and it has to be dismantled, it has to come to an end, the front cover of a to a re with that. how might the court's opinion impact israel, staunchest allies? israel may be able to ignore the court's opinion, but politically could the us afford to do so. it would be very difficult for the us to ignore the i see j's ruling. but i think it's important to keep in mind that these are views itself as an exceptional state is the closest allies, the united states, and many european states. they agree with that assessment, that these are, is an exceptional state. and therefore, it can ignore united nations resolutions big can ignore and break international law and get awareness it. the fact that the united states has repeatedly ignore un security council resolutions. the fact that the european union is defending the
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silence of the massacre of now more than $29000.00 palestinians tells. busy us that there is this assumption that this is somehow different that international norms, international law don't necessarily apply to it. i completely agree versus the other guests that this will increase the pressure on israel's allies. but whether or not we will see some sure of compliance with this, i think remains to be seen my from a, how valid is washington's argument of the data is rails and it's, and it's written submission to the court that this case is counter productive. and that it could quote, distract the policies from the objective of a negotiated 2 state solution. the weapon sizing the you and system to deal legitimize. and criminalize israel is not going to lead to peace. well, you know,
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i think only they say these are the americans at this point, really believe in the old, a 2 state solution. we've been talking about the 2 state solution for a number of dictates. now as we witnessed the progressive dismantling of palestine, the increasing do population of palestinian territories, the laptops liability of a palestinian state in terms of territorial contiguity, the spread of settlements all under the auspices of the so called peace process. i think it's time that we re frame our uh, frame of reference, rethink our frame of reference and go to the i c j for example, or think about other ways. busy ending is a, the occupation of bringing to sort of re, to meaningful reconciliation is a, these on palestinians rather that there's 2 state solution that the americans of
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these areas i've been talking about as a continuously dismantled palestine. professor m c c. i. so you know what i can do, you want to come in? absolutely. um, the point made about the new what i call the negotiations condition. i've written a great deal about this. and that's the case that we protest basically fashioned around this idea. because the norms upon which the cases based the peremptory norms, or do not allow of any, any derogation at any moment in time, violation of the principle against the territorial conquest, the violation of the policy mean people's right to self determination. the violation of the principle that you may not impose the regime of racial discrimination and a part time because these principles are non droppable under international law. 3 team itself is unlawful and if the, if the regime itself is ext is x essentially connected to these 2, these violations, it's in the cannot be made subject to negotiation. so if your viewers want
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a take away from this case, once the court or this, the court pronounces that the occupation is unlawful under international law, that would bind the united nations that would bind every state on planet or the end of that occupation may not be held. busy good or major indeed, contingent on negotiation and that matters as we know because the goal she ations with this negotiations condition has been held. busy out in front of the beleaguered austin in people for 30 years now, including by states. 3rd states ostensibly, who support the international rule of law, but continually tell the prompts to mean people that the only way they can secure their release from bondage of israel and, and it's and, and it's barbaric occupation. now going over a half century is to negotiate with the occupying power. that is manifestly absurd and based on the un record, israel's actions based on the un records demonstrate that it doesn't operate,
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nor has it ever operated in good faith either in the occupied costs in the, in territory or at the proverbial negotiations tables sense. so it is vital that the court make a pronouncement on the legality of israel's continued. busy and it's in the occupied palestinian territory. one consequence of which will will, will vitiate mcgee, the copy responsive 3rd states that palestine and the beleaguered people in the house, i need to negotiate their freedom. their freedom is on negotiable, their right to self determination. equally. so, and that's what the international court of justice we hope will make a pronouncement on in summer, nor forgive me for asking your personal question. but, but you grew up on the occupation. i mean, many people watching this program will have no idea what, what it's like to drop to live on the occupation. can you tell us something of, of your experience and the way in which as well as occupation has changed over the, as well as impacted the lives of palestinians over the years. well,
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this is an important question and i'm happy to answer it. i actually grew up in forest eggs. i like many palestine refugees, and my f initial childhood experience of occupation was the fact that i was denied entry into my homeland. i was denied my own identity and it wasn't until well after my teenage years that i, it was easier to present myself as palestinian without having to pick a fight or the people on the other side of the conversation to prove that palestine actually existed. and as a young adult when i was finally allowed into the palace, time of living under occupation means that is real decides where you can live, how you can live and where you can move it, decide the routine you have on your,
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in your day and your week about your grocery shopping because your browser and your vegetable store only has goods when the is really crossings inside the west bank operate. so you operate on is really on the is really calendar, not the palestinian one. israel decides cool. and how you can get married because if you happen to have of westbank id and you fall in love with someone from jerusalem, you'll have a very hard time getting married because your spouse might lose their id or your children might not have one at all. if you happen to fall in love with someone who carries a gaza id, your only option really is to move to gaza because there is no way that they can move to the west by which is my lived experience. so every thing, every detail of life, it really is quite amazing when you think about it, even for me, is a palestinian. and it just how much is real intervenes into the very fabric
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of life that we go in day in and day out. and the only way people send me a survive that is by rising above that by understanding that the much of their life is beyond their control. but what is under their control is staying home is being in their homeland and is looking forward and is never losing hope. i think that is the one thing that old palestinians, regardless of geography, have in common nor time is tied. so i need to originally brief fonts or if you can get me want to hear what ways as okey patient damaged or we can palestinian institutions of the time in every way imaginable. because it how it, it has degraded their standing palestinian security officers can only operate if they're allowed to buy the occupier. they cannot provide protection from is rarely
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subtler attacks. for example, they cannot do their job a as required by law, as required by the social contract. all of the institutions can only operate within the confines of his riley permission. so in many ways these institutions have a fight every day that they operate and more and more with this is really government with the way it operates and with its proclaimed goals, it becomes impossible to operate without being completely subservient. then that is why i think this case is so important because you can't pick on one practice per se . you can't just say these practices are illegal, their counter productive. the whole regime in its entirety makes living life palestinian a fight every single day. and it is unbearable, it is not sustainable, and it simply is incompatible with anything resembling face instability,
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not just for palestinians, but for everybody in this region. as professor colorado, as we said at the beginning of the program, this case is separate from south africa's genocide case, which the i c j is also considering the bound to be this not to be a measure of overlap between the 2 cases is absolutely. this will only go right to the pressure on is a and it's a allies. it's a, those are complicit in the ongoing ethnic cleansing of the americans and the europeans. but again, i think it's important to keep in mind that as we speak, as these cases unfold, there is an absolute bloodbath going on and gaza is a, is onslaught on the palestinians. has been unrelenting. and therefore there is an absolute need for a very quick ceasefire. in the immediate future, we cannot afford to wait until the summer when the judgment of the i c. j is out
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better on come out. come brother, a professor insist was talking there about about the ongoing war in concert, of course. but the, when south africa's genocide complained to the court center solely on, on guns of this case is also looking at the the occupied westbank, isn't it? um, yes, it is. uh, as was just said the by the good professor, the situation and g as a horrible, unprecedented. so it is, is a symptom of a larger problem. and one of those problems the root causes of the problem is the legal occupation, but not just that. it's the regime of apartheid and racial discrimination imposed on the past. and people as a whole, since 1948 wherever they are. and so the focus of this case is strategic. it's about looking at the regime as a newer had mentioned earlier and the legality of the regime imposed by israel, the occupying power on the palestinian people, primarily unoccupied, costing and territory though not exclusive to the to now there is
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a difference between the 2 cases. one is an advisory opinion case and therefore will be dispensed by the court relatively quickly. as i said, we anticipate an order of the coroner rather an opinion of the court to be issued by summer. but the other case is a contentious case. a dispute between 2 states, south africa and israel, and that will take some years to deal with the merits of the claim being made. that is whether israel is violating its obligations under the genocide convention. what we do know in that case is based on the order given by the court on the 26th of january, just a few weeks back. that the court is of the view that it is possible that israel is committing genocide under the genocide convention against the pals to me and people in the gaza strip. and so time is of the essence lies one thing, and we're doing our best to use it and utilize it to save people. but what we need is a ceasefire. and that's a political matter. and we need to press lovely that i'm afraid we must end it. we're out of time. many thanks. indeed to all of august today we are now k audi in
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face, nor all day and mat from colorado. as always, thank you for watching. you can see the program again at any time by going to the website, which you'll find that i'll just 0 don't come to further discussion. joining us about facebook page at facebook dot com forward slash h a inside story. and of course, you can join the conversation on x on handle that at a inside story from me, adrian said again and the same here. and so i will see you again, bye for the, the the latest news palestinians are not only queuing to got bread and water, but they're also chewing on the machine to receive their treatments from the hearts of the story. how rude works to the cemetery. there is no tombstone for them, but he's determined that the names will be never forgotten. with detailed coverage, the set up and the veterans tell us that many of them have either the implicit for
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the united states says and is ready, ground defensive in reference, should not proceed. and for the 1st time poses a plan for a temporary cease fire and goes to the, the hello nicole alex is out here in life and also coming in desperate palestinians waiting for humanitarian aid. once again, come on, that is really fine. as well as cleared the territorial integrity.

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