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tv   Inside Story  Al Jazeera  February 20, 2024 2:30pm-3:01pm AST

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is i just asked as a correspondence with any breaking the story wants to hear from those people who was normally not get that voices heard on the international news channels. one moment i'll be very proud all was when we covered the fullness quake of 2015. at the terrible match all the facts and a story that needed to be told from the hall of the affected area to be then to tell the people story. it was very important at the time. israel is once again before the i c j. this time for public hearings on the consequences of its occupation with palestinian territories. it's more pressure on it's been a 3 way just on the concept, but does as well care about international justice of what difference, what a verdict tonight. this is inside the
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hello and welcome to the program. i'm adrian instead of going to the international court of justice, this hearing submissions on israel as 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 advisor is by the you and it's top cold, unknown binding, but carry significant moral and legal authority. so one of the decision is announced, it will have global implications. dimitri method jenko 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, a color coded permit system, and a separation war of israel has increasingly expended. jewish only settlements, creating a system that privileges, jews over non jews. 10 percent of israel's population lives in the settlements, which are illegal under international law. please be seated. the shipping is open now, so un stop court is waiting in the course that it needs to matter. the court will meet the heavy oral statements and comments on the request for an advisory opinion submitted by the united nations general assembly to the court on the question of
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legal consequences arising from the policies and practices of israel in the occupied palestinian territories including east jerusalem then out of those, during his presentation, palestinian foreign minister re add mulky 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 estimate cleansing, all part of tides or gym site. but all the people out here to state the proceedings, we'll 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, which accuses israel of committing genocide in gaza to between method and go out to
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0 for inside story. the will go to, i guess, in just a moment, but 1st let's speak to re up allocate the foreign minister for the state of palestine for drawing 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 as well? uh, we do expect uh, starting to decisions. that's what it is uh with an end to the is the, the impunity allows for a clear accountability on the really takes away from the as well 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 occupation, has to be recognized. is riley colonialism and the, the, the, the system
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a lot on the side has to be also recognized that the, such, we do expect a huge, if not, is to the decision that we uh expose is arrives reality on forces. so many countries that they have been aligning themselves with as well to the people inside 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. are 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 behaves does violence, does not to show any uh, you know, that it has to engage with any decision that really comes from the court or outside
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the court, including the united nations system. but you know, we do what sir, you left off 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 uh to what level the issue is good to continue that relationship uh, with his royal window moments that you know, such a decision has exposed is really the policies and the, made it very clear that to, you know, aligning themselves with the, with, as well after that decision is on the account, the amount to being really accomplished. so the, the crime is that's a is way that has been really committed against the policy of people that our country is, was very much of the show concern sensitivity towards the decisions that, you know, comes from the i, c, j of or vice and see the as a result, you know,
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we are putting the level of expectation and hope that such company is, you know, with a concert the little relationship with is one of the functions, decisions they will review such show relationship. um they, what does it behave accordingly? you know, uh that would make as well. uh, you know, uh if i uh, state that is what i will 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 agreed. tremendous pressure, we are a founding on the legal aspect on the ethical aspect of structured decisions 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,
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sort of reviewing their relationships with such states. the health is right. so how so will you make use of this case, this legal case, both politically and diplomatically? well, you know, we are already in gauging with the so many countries the fact that 53 causes are submitting better or the 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. 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, we think, you know, with all our front of our lives, all we are going to benefit from such decision any way. maybe we'll go back to the general assembly on the j,
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the general assembly resolution to be voted in the general assembly in order to adopt that decision and make it, you know, really got to be on all kinds of these, 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 for the state of palestine. thank you. thank you. as with fortunate to have guess, deep and diverse backgrounds, the share of that insights on this historic moment and publish finance. professor audi insights is legal counsel for the state of palestine. he's in the hague, in ramallah and the occupied westbank is northwood, a political, a palestinian political analyst, studied doha, my friend, come bravo, a professor of government at georgetown university and cancer, and all 3 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 participate in any single i. c,
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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? 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 the by them. the rulings in an advisory opinion sheet,
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what is regarded as legitimate in the political realm. and so it is a vital import to have 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 in use. that's essentially illegal . 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, derogation 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 only 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 policy and territory. and finally, 3rd, the in position on the policy and people in the occupied palestinian territory and indeed on the policy and people wherever they may be. of 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, derogation from which is not permitted itself be lawful? no, we argue that the region 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, i mean, we doubt 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, it would mean that 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 of the complicity of very powerful allies. it has a really undermined every thing that 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 the 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 uh, 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 will 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 apartheid, had to india and joined the over whelming majority of the world. that said, this is an illegal, immoral regime. and it has to be dismantled, it has to come to
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a now the front cover of a. do you agree 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 c j's ruling. but i think it's important to keep in mind that these are views itself as an exceptional state is there is closest allies, the united states, and many european states. they agree with that assessment that these or is that exceptional state. and therefore, it can ignore united nations resolutions big can ignore and break international law and get awareness that the fact that the united states has repeatedly ignored 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 palestinians, tells 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 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 that weapon isaac the u. n. system to deal legitimize . and criminalize israel is not going to lead to peace. well, you know,
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i think only these a, 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 the 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 usually the occupation of bringing to sort of re, to meaningful reconciliation is a design palestinians rather that there's 2 state solution that the americans of
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these areas i've been talking about as they continuously dismantled palestine. professor m c. c. i saw you knowing that 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 the case that we protest basically fashioned around this idea. because the norms upon which the case is based, the peremptory norms 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, peoples brain 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 durable under international law. 3 team itself is unlawful. and if the, if the regime itself is ext, is ex, essentially connected to these, to these violations, its end 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 circuit or me can be contingent on negotiation and that matters as we know because the goal she ations with this negotiations condition has been held. busy in front of the beleaguered palestinian 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 edits 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 record to demonstrate
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that it doesn't operate, nor has it ever operated in good faith either in the occupied costs and 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 presence in the occupied palestinian territory. one consequence of which will will, will vitiate nadine the compo, responsive 3rd states that palestine and the beleaguered people of 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 liked 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 with 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 in 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 is real 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 up 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 in it just how much is real,
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intervenes into the very fabric 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 to time is tied. so i need to originally brief fonts or if you can get me want to hear what ways us occupation damaged. or we can tell us the indian institutions of the time in every way imaginable. because it has it, it has degraded they're standing, palestinian security officers can only operate if they're allowed to buy the occupier. they can not provide protection from is rarely subtler attacks. for
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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 is really 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 why palestinian a fight every single day. and it is unbearable, it is not sustainable, and it simply is incompatible with anything resembling face and stability,
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not just for palestinians, but for everybody in this region. 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 the found to be a measure of overlap between the 2 cases. as absolutely this will only the 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 blood bass going on and gaza is a, is onslaught on the palestinians. has been unrelenting. and therefore, there is an absolute need for a very good ceasefire in the immediate future. we cannot afford to wait until the summer when the judgment of the i c. j is out better on come out. come, brother,
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a professor insist was talking there about about the ongoing war in guns or of course, but the with south africa's genocide complained to the court center solely on, on guy. so 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 in people as a. busy since 1948, wherever they are. and so the focus of this case is strategic. it's about looking at the region as a newer had mentioned earlier, and then the gallery 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's
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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 and 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, but 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 is real, is committing genocide under the genocide convention against the policy 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 cease fire, and that's a political matter. and we need to press lovely that i'm afraid we must ended. we're out of time. many thanks and day to all of august. today we have now k, audi,
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and sees nor all day and mat from coming off. 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 com for further discussion joined 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 asia inside story from the atrium fund again, and the team here. and so i will see you again, bye for the, the if a child does not die from the landing, he will die from the cold. that no clothes, no food, nothing. no diapers was 5 in children in attends of one square metre towards the continue without having a hostages. right now,
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the specs for the government of the country for texas on october 7th, this government failed miserably. white, sandy beaches and clear to close voltages. this is the multi, it's the world knows and loves the island of an ungodly, smaller waist. next to the capital, one of the most densely populated citizen, the world. just off the coast, a new project to try and remedies, pillows sunk into the c for highway leading towards now just to send bulk will be a new call get pulled in residential blocks. judging sam bits kills micro organisms find sustaining marine environment. it's a tricky balancing act for the government of the country that's 99 percent of the voltage vulnerable to rising sea level. the dive is head say the judging has already had a devastating impact rates in this area of loss 70 percent of the carl coverage. the residents of building gaily are already taking action to protect the reef carl's come back to promote groups and replanted off the coast. it's fun for me. i
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do that. the only thing they can do to protect their environment in the race to expand the these statistics is depressed in the flesh and blocks of the product. student people, south africa tells the world chords, israel's racial depression and palestinians has been live to last for far too long . the, i don't know about this and this is all just even live from don't also coming up. united states us the un security council to vote on a temporarily c, expiring jobs. as, as a major, it is really offensive and rough. i should not go ahead. we're going to look at how
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we're legal is rarely settled and so making palestinian lives are never ending. strong.

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