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tv   NEWS 30min  Al Jazeera  February 26, 2024 2:00pm-2:31pm AST

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as like, oh indeed old palestinian surgery occupies its 1967. so israel has to withdrawal, has to withdraw and fight for the palestinian people as the relevant resolutions of the security council. and the general assembly have required comes to of late the ot prices have to be free. the purpose of this is they'll just arrow until mccray and it is, i live in g m t u. i'm watching special coverage off the final day of public hearings at the international court of justice to examine the legal consequences of this ready occupation of palestinian lands. its listened backend with light to legalize its unlawful. actually the switch i just mentioned, but placing them in an agreement. if one subjects the situation to the analysis, what becomes apparent is that this row has no rights over at this time. any duties and the preservation of its international public order based or share
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non durable. nunes depends on that. being comprised with the responsibility of this components full. so united nations, which is meant they to peacekeeping. they've been, they have been invited. we've practiced on the quarterly session case followed by the failure of the mandate given to the u. k. the u. n. is the only or 3rd capable of resolving on the legal basis. the situation created by the case of failure. and if peace must come from an agreement between parties, the boxes, this must be concluded under the auspices of the united nations guarantors of legal compliance and not under the all but treat sponsorship of, of the state lacking in objectivity. it's just the way forward
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based on the findings, if your opinion should ensure that the agreement reestablishing the palestinians in all their rights will respect the fundamental numerous which currently oh the target s a convention. if that would be the case, the future peace treaty would fall under the vienna convention of the law of treaties, which provides i create a treaty is floyd, if at the time of its conclusion that conflicts with the punk renewal of general international and decide taishan this brings me to my last point, the 2nd question which is being put to you, cool by the general assembly of the un, your aust, about the legal status of the occupation and on the legal consequences arising
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from it. you must thus examine israel's occupation of private study and territory holistically in the light of international lu. well festival, it's used at by them so little which governs the use of force by states. this includes the very important known of the prohibition of the threats of use or use of force against the tenants or the integrity or political independence of any stage. now it is a stablish that it is by the use of force. the israel occupied palestine in 1967 as the security council, and the general assembly has ceased this, the cold this, the use of force directed against territorial integrity and palestinians, political independence, which is today recognized as the state by the us. so the occupation was on go from
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the very beginning. this is the cavity, is manifest its 1967 by the way in which this occupation has been conducted. it reaches all the conditions that's out in the law of hague and geneva regarding military occupation of foreign surgeries. these conditions all identified by the menu of the international committee of the red cross, the occupying power may not modify the structure and characteristics, intrinsic characteristics of the occupied surgery either which is the cause no, the so front seat, israel has ceased, the change these characteristics for its own benefit, occupation is and should remain a temporary situation. now, israel's being or keep calling palestine for 66, he is now and is need is open the broad cost,
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their intention to in definitely pursue this occupation. this room must administrative administrative excuse me, the, to treat in the interest of the local population, taking into account it's needs and the needs of the palestinians have been cruelly ignored. israel must not exercise is authorized to see if it's an interest and those of its own population. yet own of israel's policies and practices are directed for the benefit of his ready settlers and breach of the promised indians, rights and interests. these are the conditions in which israel has developed the occupation of palestinian surgery conditions whose complete evidence can be found in you and reports. and they will lead you to conclude that this occupation, by its duration, by the practices of it,
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is the pretext for an next ation class. this official sized regard to ensure is live, has been implemented a fact. so for the west bank, well that's the goal. so the title and the way the, the plans announced by the government of israel confirmed the will of israel to maintain the ma street over this territory. the result of all this, as you will cool out, this will confirm, is that the occupation by israel of protest in the entire country is trip really a little full. it is and also at its source. having breached the prohibition of the use of force, it is law for on account of the means used, which comes to choose the systematic violations of humanitarian rule and human rights. lo, it is of no fault, but it's
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a objective i'm being too antics palestinian territories does, depriving the people of palestine. it's fundament right to self determination. right now, like to just give you a few of my reflections to conclude this rounds unjustified and punished, uses the fall and it's against the palestinians. needs to get more violence in response in an infernal cycle. that's the vengeance and vengeance. next, the faith is the strongest. this is the mattress chain of events. tragic, the taking place as we watch to break this chain. face impartial 3rd party is need to to thought to, to police, searching what the application, hopefully common known should be. it photos to your court when you hand down
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this opinion to bring all of this conflict back onto this side of the lou. this lou allows you to declare what rules should be applied in the critical situation, but also what measures can be taken when these rules of the system, the finalize it. let me re cool that the submissions of the organization of this limit cooperation, remain unchanged with respect to our written comments. but i will allow myself, if that is or right to refer to to if the all right, cool. so these are the organizations i represent, requests the court to enjoyed israel to seize the violations which have been pointed out. and to recall the you and, and the member states to use all measures available to bring the situation to an end, including sanctions against the responsible state
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in per ration. mister president, distinguished members, the cool. all right, so the quote is right, the rear admiral. i me, i alone a few rand israel's domestic intelligence service for a number of years. but his personal policy in life has led him to question the concept of the enemy and assess the dead end. and which is ro finds is so often having chosen vaughn and repression to accompany its refusal of a political sedation. a few weeks ago, he completed an interview given to a french newspaper by saying on crating him, now the international community should play a beneficial role. we need someone from the outside
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to show us mistakes and accreditation. so saving these right, these from themselves, that will be the contribution of the international community. thanks to your advisory opinion. thank you very much for your attention. so i sank, says delegation of the organization of islamic corporation. first presentation i invite the next participating delegation, the african union to address the cold and cold mad professor. as you have candies to the podium items, you have the prove mr. president distinguish members of a quote, it's an honor for me to read, present the african union, an organization numbering, 55 member states on this last day of pleadings within the framework of the present advisory proceedings. it's important to recall the
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historical context and the tragic circumstances that prompted the un general assembly to request once again, regrettably for the international community, an advisory opinion from the cold on the situation of the occupied palestinian territories. now the history of palestine is a history of this possession of this placement and of the schumann noise ation. it's the history of an injustice. it's the tragedy of a people who full of a 7 decades is systematically subjugated and oppressed by the is ray lee colonial project. whose aim is to establish taco and exclusive control on all of palestine. soil
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to didn't know is a palace, didn't young people. it's in nearly know full right to self determination and the private of it's right to leave freely in it's 92 behind the ongoing is really aggression against gums, a deadman straits. this tragedy, a population of over 2000000 fitness and the defenseless civilians is the victim of a campaign of wanton death and destruction. consequence of the collective punishment exerted by the occupying power for decades. sideswipe at the conference of heads of state and government to members of the african union that was held on $17.18 february this year,
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the heads and state heads of state and government of memphis states. so the a, you expressed an i quote pad, tongue co outrage at this you mind to terry and catastrophe. close by is really false, is a kind of a reading in the gaza strip and the full support for the palestinian people in the legitimate struggle against israeli occupation. the heads of state and government of member states, all of the a you also denounced and i quote, the collective punishment measures against civilians, especially the attempts to fall suitably trends for the girls population. and consequently, israel's aggression against god. and so is nothing but
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a shameful attempt to create another knack for the catastrophe. does student to a raising the palestinian presence in palestine? indeed, barely a few weeks ago, this court recognized as a grave payroll. the palestinian people was facing in gaza when it did tell them in that south africa, one of the member states of the african union had this stablished applause, ability events allegation according to which israel is committing genocide. nothing can justify feet on speaker. both suffering and horrors inflicted on the population of gauze fats who is the essence of the palestinian tragedy for over a century. the palestinian people is enjoying
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a succession of not 1st from the battle for decoration to the was of 194-856-6782. it was the establishment and expansion of his railey set for months and the construction of the separation will at every moment of history, the palestinians have been the victims of subjugation displacement and this possession, the escalating violence and the ruthless war machine. let's see. so so the devastating the palestinian population schools, places of worship homes, hospitals reduced to nothing, leaving behind them only the smoke of phones continue to rain down on gauze. finally, may recall children of phones under the rubble, but the living on borrowed time given the firm in affecting them,
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grieving families, surviving without walter, without electricity, and see day almost to day hopes, dreams, and the destiny disappearing for ever onto the ruins. the conscience of human kind will never forget it. mister president, members of the called of this advisory proceedings, aims at preventing this new injustice resulting not just from the force of arms, but also is really practices comprising the day you re and the fact. so next ation of palestinian territories, the illegal establishment of settlements, the alteration of the demographic character of jerusalem. and then these
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confiscation and destruction of palestinian property, expropriation of palestinian land, the construction of only pos, roads and maintenance of the separation bore the fact that these things really practices and occupied palestinian territories are continuing and etc. rating is the result of the impunity that israel enjoys and its breach of the right of people and the just co bins knowns that enforceable. uh, go home, this phase contempt to zillow straight to buy z is rarely decision to or you can know the advisory opinion of this quote regarding the separation bold all the time. cuz resolutions passed by you when organs that have don't treatment to these violations of international law office. instant advisory
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proceeding is an opportunity to at last hold israel accountable for its acts, but also to put an immediate and to it's impunity and to uphold chin relating to national lo, its been international humanitarian floor and human rights. little furthermore, the african union is a party to this proceeding because it feels it has a particular responsibility towards the palestinian people. its men. both states emerged from this colonial scourge wage war against apartheid and racial discrimination and defended the cause of self determination. are present here today reflects the sentiment expressed by heads of state government to african union member states who stressed. i know i
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quote this and try low to you of the just cause of palestine and the state for most of us supportive position and decisions based on the shared values against colonialism, oppression, and a parts item. the historically established for consolidated to with the palestinian people in the legitimate quest for freedom and independent states. mister president, members of the court. so on the occasion of the advisory, opinions of the court on the tray goes kip, tyler goes the african union soul. the authority and impact to the quote decisions this opinion indeed contributed to all most n d one. the last living forms of colonialism in africa has with
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this case the question before you doesn't hinge on the dispute opposing to the core parties. but in a symmetrical situation in which an oppressed people is confronted with an occupying power. therefore, the cold will be able to confirm in the same way as in the che gauze case, the palestinian peoples right to so determination and freedom. and in show of the state of palestine is in a position to exercise its full sovereignty and its independence. on its territories of the west bank garza and audits capitol, east jerusalem before humbly springs a cold tickets for all to my colleague, professor mohammed hello. i'd like to address the question of jurisdiction. our
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observations will be brief. so vast majority of participants, a agreed that there is instant proceeding, that nothing prevents the quote from exercising its advisory function. its a position that the african union shares fully and totally empty it. the court has already confirmed its jurisdiction, been a request for an advisory opinion on the same factual situation in the world opinion, and it has no reason to divert from that assessment. furthermore, the jurisprudence of the court has affirmed on numerous occasions that the political nature of a dispute has no incidents on the jew 2 of the court to onset
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the questions of a legal order put to it by the general assembly. moreover, the court has abundant evidentiary material and facts available to it, allowing it to render an advisory opinion last week. the existence of a negotiating process cannot justify by the cool. ready the use of its district discretion not to render said, advisory opinion on contrary to the statements by certain parties, the opinion of a quote from a from compress creating this process that's in fact to this style made come but strengthen a bike flyer, find the obligations and legal consequences for all parties in concluding. i should like to recall the words of nelson mandela. a few years after the liberation of south africa, he issued
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a warning which concerns us hold and i court. even though own freedom, we can fall into the trunk of wash and go with hands of the secret cheese that the others face. yes, we would be less than humans if we did so. if they don't fit this, and it is in the spirit that he spoke, how was that continue to resonate in the streets so the whole world today, incomplete without the freedom of the for the seniors, mr. to play, mr. president, i now ask you to kindly give the floor to my colleague, professor mohammed, hello, thank you for your kind attention. let me see what the good each i know give to him instead of somebody that you have the score. so
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mister, president, distinguished members of the court, it is a privilege to appear before the court on behalf of the african union, as indicated by the legal council of the african union, i will cover the following issues. i will identify the internationally wrongful acts that are attributable to israel and address the question of the legal status of israel's occupation of the palestinian territories. second, i will address the question of whether there are circumstances precluding the wrong fullness of acts that are attributable to israel. in 3rd, i will outlined the legal consequences arising out of these internationally wrongful act as the points of departure for determining the legal status of israel's occupation of the palestinian territories is the question of title. does israel have title over the west bank, gaza and east jerusalem?
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the answer is unequivocally no. given time constraints, i will only identify the main milestones will tell starns history. palestine was under autumn and sovereignty, and it came under british belligerent occupation during world war one. then in 1922, palestine was placed under a league of nations mandate that provisionally recognized palestine as an independent nation under british administration. after which turkey renounced sovereignty over palestine, pursuant to the 1923 treaty of those done. this was followed 1947 by the adoption of the palestine partition plan, which was never implemented. and then in 1948, britain withdrew from palestine and israel unilaterally declared independence, which was followed by arms disagreements in 1949 and the stablish mentor of egyptian control over gaza and jordanian control over east jerusalem in the west.
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back and finally in 1967 is real launched an armed attack as a result of which it occupied the west bank, gaza and east jerusalem. that no point in this process, it is real, acquire title over these territories. moreover, series that support a legit is really title over these territories such as the claim that the legal status of palestinian territories was being determinant or talk to was the sovereign vacuum that israel was entitled to feel are entirely unfounded. so accordingly, since 1967, israel has exercised belligerent occupation over the west bank, gaza in east jerusalem. the african union also submits that israel's 57 year occupation of the palestinian territories is unlawful and must be brought to an end . this determination is based on 3 arguments. first, as be overwhelming,
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majority of parties in these proceedings of argued, israel's occupation is unlawful because it violates the prohibition on the acquisition of territory by force, which is a corollary of the prohibition on the use of force. this constitutes a violation of a peremptory rule of international law. the evidence on this point is incontrovertible pronouncements by his rules, political leaders and the conduct of israel on the ground, reflect an intention to perpetuate the occupation through acts that amount to duty . and defacto annexation of palestinian territories. israel's conduct in the current hostilities in gaza also demonstrates its goal of entrenching its occupation of gaza. israel is reportedly planning to establish permanent buffer zones, maintain a long term active military presence on the ground, and is striving to displace the population of gaza to neighboring states. this
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conduct, which has been around lead, denounced by the african union, confirms israel's intent to acquire send an ex, further palestinian territory and gaza. second also is the overwhelming majority of parties have argued. israel's occupation is unlawful because it deprives the palestinian people of the right to self determination. it is on contest that that the palestinians are people that are entitled to exercise self determination. it is also established that self determination is a right that is exercised in relation to a specific territory and that it is unlawful to disrupt the unity and integrity of the territory in relation to which the right to self determination is exercised. in the present case, the territories upon which the palestinians are entitled to exercise self determination for the west bank, gaza and east jerusalem, which constitute a single indivisible territorial unit. violating the right to self determination
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also constitutes a violation of the peremptory rule of international law. 3rd, the cumulative effect is really policies and practices that are associated with the occupation provides an additional basis on which to conclude the occupation is as a whole unlawful. this is a point deserves to be highlighted because it has been argued that violations of the law of belligerent occupation do not affect the legal status of the occupation . specifically, the united states claimed that i quote, the international law does not provide for an occupation itself to be rendered unlawful or void based either on its duration or on any violation of occupational. so this view is incorrect. the violations of international law committed by israel in the occupied territories constitute continuing and composite reaches of
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international law. specifically, articles 14 and 15 of the aisle see articles on state responsibility provide a basis for establishing that's for 10 distinct violations of the law of belligerent occupation can, when combined, and viewed cumulatively lead to the conclusion, the occupation as a whole is unlawful. article 142 of the articles on state responsibility defines a continuing wrongful act as one that continues in time and remains not in conformity with an international obligation. according to the, i'll see examples of a continuing wrongful act include, and i quote, the maintenance of for the maintenance by force of colonial domination and unlawful occupation of part of the territory of another state. this confirms the relevance
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and.

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