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tv   BBC News Now  BBC News  January 26, 2024 12:30pm-1:01pm GMT

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arguments with respect to to support arguments with respect to the merits_ to support arguments with respect to the merits remained unaffected by the merits remained unaffected by the court's — the merits remained unaffected by the court's decision on the request of the _ the court's decision on the request of the provisional measures. genocide is the right of existence to entire — genocide is the right of existence to entire groups. such denial of the film to entire groups. such denial of the right of— to entire groups. such denial of the right of existence shocks the conscience of mankind, results in the great — conscience of mankind, results in the great losses to humanity and is contrary— the great losses to humanity and is contrary to — the great losses to humanity and is contrary to moral law and to the spirit _ contrary to moral law and to the spirit and — contrary to moral law and to the spirit and aims of the united nations _ in view of the fundamental values expected — in view of the fundamental values expected to be defended by the genocide convention, the plausible
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rights _ genocide convention, the plausible rights connected in this proceeding, namely— rights connected in this proceeding, namely the right of palestinians in the gaza _ namely the right of palestinians in the gaza strip to be protected from acts of— the gaza strip to be protected from acts of genocide and related prohibited acts and the right of south — prohibited acts and the right of south africa to seek israel's compliance with the latter's obligation under the convention are of such— obligation under the convention are of such a _ obligation under the convention are of such a nature that prejudice to them _ of such a nature that prejudice to them is _ of such a nature that prejudice to them is capable of causing irreparable harm. during the ongoing conflict, _ irreparable harm. during the ongoing conflict, senior united nations officials — conflict, senior united nations officials have repeatedly called attention to the risk of further deterioration of conditions in the gaza _ deterioration of conditions in the gaza strip — deterioration of conditions in the gaza strip. the court takes note for instance _ gaza strip. the court takes note for instance of— gaza strip. the court takes note for instance of the letter dated the 6th of december 2023 were by the secretary general of the united nations— secretary general of the united nations brought the following information to the attention of the security— information to the attention of the security council. i quote, the health— security council. i quote, the health care system is collapsing. nowhere — health care system is collapsing. nowhere is safe in gaza, and it constantly— nowhere is safe in gaza, and it constantly bombarded with israel defense — constantly bombarded with israel defense forces and without shelter
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or the _ defense forces and without shelter or the essentials to survive i expect— or the essentials to survive i expect public order to completely break— expect public order to completely break down soon due to the desperate conditions _ break down soon due to the desperate conditions rendering even limited humanitarian assistance impossible and an— humanitarian assistance impossible and an even worse situation could unfold _ and an even worse situation could unfold including epidemic diseases, and increased pressure for mass displacement into neighbouring countries. we are facing a severe risk of— countries. we are facing a severe risk of collapse of the humanitarian system _ risk of collapse of the humanitarian system the — risk of collapse of the humanitarian system the situation is fast deteriorating into a catastrophe with potentially irreversible implications for palestinians as a whole _ implications for palestinians as a whole and — implications for palestinians as a whole and for peace and security in the region — whole and for peace and security in the region. such an outcome must be avoided _ the region. such an outcome must be avoided at _ the region. such an outcome must be avoided at all costs. 0n the 5th of january— avoided at all costs. 0n the 5th of january 2024 to secretary general wrote — january 2024 to secretary general wrote again to the security council providing — wrote again to the security council providing an update on the situation in the _ providing an update on the situation in the gaza — providing an update on the situation in the gaza strip and observing that, _ in the gaza strip and observing that, quote, sadly devastating levets— that, quote, sadly devastating tevets of— that, quote, sadly devastating levels of death and destruction
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continue — levels of death and destruction continue. the court also takes note of the _ continue. the court also takes note of the 17th— continue. the court also takes note of the 17th january statement issued by the _ of the 17th january statement issued by the commissioner general on return— by the commissioner general on return of— by the commissioner general on return of his fourth visit to the gaza _ return of his fourth visit to the gaza strip _ return of his fourth visit to the gaza strip since the current conftict~ _ gaza strip since the current conftict~ i_ gaza strip since the current conflict. i quote, every time i visit — conflict. i quote, every time i visit gaza _ conflict. i quote, every time i visit gaza i_ conflict. i quote, every time i visit gaza i witnessed how people have sunk — visit gaza i witnessed how people have sunk further into despair with the struggle for survival consuming every— the struggle for survival consuming every hour — the struggle for survival consuming every hour. the court considers that the civilian _ every hour. the court considers that the civilian population in the gaza strip remains extremely vulnerable it recatts _ strip remains extremely vulnerable it recalls that the military operations has resulted in her area in tens— operations has resulted in her area in tens of— operations has resulted in her area in tens of thousands of deaths and injuries— in tens of thousands of deaths and injuries and — in tens of thousands of deaths and injuries and the destruction of honres, — injuries and the destruction of homes, schools, medicalfacilities and other— homes, schools, medicalfacilities and other vital infrastructure as well as— and other vital infrastructure as well as displacement on a massive scate~ _ well as displacement on a massive scale the — well as displacement on a massive scale. the court notes that the operation _ scale. the court notes that the operation is ongoing and that the prime _ operation is ongoing and that the prime minister official announced on the 18th _
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prime minister official announced on the 18th of _ prime minister official announced on the 18th ofjanuary that the war, i quote, _ the 18th ofjanuary that the war, i quote, will— the 18th ofjanuary that the war, i quote, will take many more long months — quote, will take many more long months. at present, many palestinians in the gaza strip have no access— palestinians in the gaza strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating~ — electricity, essential medicines or heating. the world health organization has estimated that 15% of the _ organization has estimated that 15% of the women giving birth in the gaza _ of the women giving birth in the gaza strip — of the women giving birth in the gaza strip are likely to experience complications and indicates that maternal— complications and indicates that maternal and newborn death rates are expected _ maternal and newborn death rates are expected to _ maternal and newborn death rates are expected to increase due to the lack of access— expected to increase due to the lack of access to — expected to increase due to the lack of access to medical care. in these circumstances, the court considers that the _ circumstances, the court considers that the catastrophic humanitarian situation _ that the catastrophic humanitarian situation in the gaza strip is at serious — situation in the gaza strip is at serious risk of deteriorating further— serious risk of deteriorating further before the court renders its finaljudgment. the court recalls israet's — finaljudgment. the court recalls israel's statement that it is taken further— israel's statement that it is taken further steps to address and
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alleviate the conditions faced by the population in the gaza strip. the court — the population in the gaza strip. the court further notes that the attorney — the court further notes that the attorney general of israel recently stated _ attorney general of israel recently stated that a call for intentional harm _ stated that a call for intentional harm to — stated that a call for intentional harm to civilians may amount to a criminal— harm to civilians may amount to a criminal offence, including that of incitement, and that several such cases— incitement, and that several such cases are — incitement, and that several such cases are being examined by israeli law enforcement authorities. while such steps— law enforcement authorities. while such steps are to be encouraged, they are — such steps are to be encouraged, they are insufficient to remove the risk that— they are insufficient to remove the risk that irreparable prejudice will be closed — risk that irreparable prejudice will be closed before the court issued its final— be closed before the court issued its final decision in the case. in light— its final decision in the case. in light of— its final decision in the case. in light of the _ its final decision in the case. in light of the foregoing, the court considers— light of the foregoing, the court considers that there is urgency in the sense — considers that there is urgency in the sense that there is a real and imminent— the sense that there is a real and imminent risk that irreparable prejudice _ imminent risk that irreparable prejudice will be called to the rights — prejudice will be called to the rights found by the courts to be ptausihte — rights found by the courts to be plausible before it gives this final decision — plausible before it gives this final decision. the court concludes on the basis _ decision. the court concludes on the basis of— decision. the court concludes on the basis of the — decision. the court concludes on the basis of the afford mention considerations that the conditions required — considerations that the conditions required by statute for it to indicate _ required by statute for it to
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indicate provisional measures are met _ indicate provisional measures are met it _ indicate provisional measures are met it is — indicate provisional measures are met. it is therefore necessary pending — met. it is therefore necessary pending its final decision for the court _ pending its final decision for the court to— pending its final decision for the court to indicate certain measures in order— court to indicate certain measures in order to — court to indicate certain measures in order to protect the rights ctaimed _ in order to protect the rights claimed by south africa that the court _ claimed by south africa that the court is — claimed by south africa that the court is found to be plausible. the court _ court is found to be plausible. the court recalls that it has the power under— court recalls that it has the power under a _ court recalls that it has the power under a statute when a request for provisional— under a statute when a request for provisional measures has been made to indicate _ provisional measures has been made to indicate measures that are in whole _ to indicate measures that are in whole or— to indicate measures that are in whole or in— to indicate measures that are in whole or in part other than those reguested — whole or in part other than those requested. in the present case, having — requested. in the present case, having considered the terms in the provisional— having considered the terms in the provisional measures requested by south _ provisional measures requested by south africa and the circumstances of the _ south africa and the circumstances of the case, — south africa and the circumstances of the case, the court finds that the measures indicated need not be identical— the measures indicated need not be identical to those requested. the court _ identical to those requested. the court considers that with regard to the present situation israel must, in accordance with its obligations under— in accordance with its obligations under the — in accordance with its obligations under the genocide convention in relation _ under the genocide convention in relation to— under the genocide convention in relation to palestinians in gaza, take _ relation to palestinians in gaza, take all— relation to palestinians in gaza, take all measures within its power to prevent — take all measures within its power to prevent the commission of all acts within — to prevent the commission of all acts within the scope of article two
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of the _ acts within the scope of article two of the convention in particular. they. — of the convention in particular. they, killing members of the group. b, they, killing members of the group. b. causing _ they, killing members of the group. b, causing serious bodily or mental harm _ b, causing serious bodily or mental harm to _ b, causing serious bodily or mental harm to members of the group. see, deliberately— harm to members of the group. see, deliberately inflicting on the group conditions of life calculated to tiring — conditions of life calculated to bring about its physical destruction in whole _ bring about its physical destruction in whole or— bring about its physical destruction in whole or in part. d, imposing measures— in whole or in part. d, imposing measures intended to... the court recatts _ measures intended to... the court recalls that — measures intended to... the court recalls that these acts fall within the article two of the convention when _ the article two of the convention when they— the article two of the convention when they are committed with the intent _ when they are committed with the intent to— when they are committed with the intent to destroy in whole or in part— intent to destroy in whole or in part the — intent to destroy in whole or in part the group as such. the court further— part the group as such. the court further considers that israel must ensure _ further considers that israel must ensure with immediate effect that its military forces do not commence any of— its military forces do not commence any of the _ its military forces do not commence any of the aforementioned acts the court _ any of the aforementioned acts the court is _ any of the aforementioned acts the court is also of the view that israet— court is also of the view that israel must take measures within its power— israel must take measures within its power to— israel must take measures within its power to prevent and punish the direct— power to prevent and punish the direct and — power to prevent and punish the direct and public incitement... the
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court _ direct and public incitement... the court further — direct and public incitement... the court further considers that israel must _ court further considers that israel must take — court further considers that israel must take immediate and effective measures— must take immediate and effective measures to enable the provision of urgently— measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by palestinians in the gaza strip. israet— by palestinians in the gaza strip. israel must also take effective measures to prevent the destruction and ensure _ measures to prevent the destruction and ensure the preservation of evidence — and ensure the preservation of evidence related to allegations of acts within the scope of article two and article — acts within the scope of article two and article three of the genocide convention against members of the palestinian group in the gaza strip. regarding — palestinian group in the gaza strip. regarding the provisional measure requested by south africa that israet— requested by south africa that israel must submit a report to the courts— israel must submit a report to the courts on— israel must submit a report to the courts on all measures taken to give effect _ courts on all measures taken to give effect to— courts on all measures taken to give effect to the order, the court recatted _ effect to the order, the court recalled that it has the power reflected in article 78 of the rules of court, — reflected in article 78 of the rules of court, to request the parties to provide _ of court, to request the parties to provide information on any matter connected —
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provide information on any matter connected with the implementation of any provisional measures it has indicated — any provisional measures it has indicated. in view of the specific provisional measures it decided to indicate, _ provisional measures it decided to indicate, the court considers that israet— indicate, the court considers that israel must submit a report to the court _ israel must submit a report to the court on _ israel must submit a report to the court on all— israel must submit a report to the court on all measures taken to give effect _ court on all measures taken to give effect to— court on all measures taken to give effect to disorder within one month as from _ effect to disorder within one month as from the — effect to disorder within one month as from the day of this order. the reports _ as from the day of this order. the reports are — as from the day of this order. the reports are provided shall then be communicated to south africa which shall he _ communicated to south africa which shall be given the opportunity to submit _ shall be given the opportunity to submit to— shall be given the opportunity to submit to the court its thereon. the court _ submit to the court its thereon. the court recatts — submit to the court its thereon. the court recalls that its borders on traditional— court recalls that its borders on traditional metrics under 41 of the statute _ traditional metrics under 41 of the statute have binding effect and thus create _ statute have binding effect and thus create international legal obligations for any party to whom provisional measures are addressed. the court _ provisional measures are addressed. the court reaffirms that the decision— the court reaffirms that the decision given in the present proceedings in no way prejudge is the question of the jurisdiction of the question of the jurisdiction of the court — the question of the jurisdiction of the court to deal with the merits of the court to deal with the merits of the case _ the court to deal with the merits of the case or— the court to deal with the merits of the case or any questions related to
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the case or any questions related to the admissibility of the application orto the admissibility of the application or to the _ the admissibility of the application or to the merits themselves. it leaves — or to the merits themselves. it leaves unaffected the right of the governments of the republic of south africa and _ governments of the republic of south africa and the state of israel to submit — africa and the state of israel to submit arguments in respect of these questions _ submit arguments in respect of these questions. the order then states that the — questions. the order then states that the court deems it necessary to emphasise _ that the court deems it necessary to emphasise that all parties to the conflict — emphasise that all parties to the conflict in — emphasise that all parties to the conflict in the gaza strip are bound by international humanitarian law. it is gravely concerned about the fate of _ it is gravely concerned about the fate of the hostages abducted during the attack on israel on the 7th of october— the attack on israel on the 7th of october and held since then by hamas and other— october and held since then by hamas and other armed groups and calls for their immediate and unconditional retease~ _ their immediate and unconditional release i— their immediate and unconditional release. i shall now read out the operative — release. i shall now read out the operative part of the order. for these _ operative part of the order. for these reasons, the court indicates these reasons, the court indicates the following provisional measures. one, the following provisional measures. 0ne. by— the following provisional measures. one, by 15—2 votes, the state of israet— one, by 15—2 votes, the state of israet shatt _ one, by 15—2 votes, the state of israel shall in accordance with its
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obligations under the convention on the prevention and punishment of the crime _ the prevention and punishment of the crime of— the prevention and punishment of the crime of genocide in relation to the palestinians in gaza take all measures within its power to prevent the commission of all acts within the commission of all acts within the scope — the commission of all acts within the scope of article two of the convention, in particular killing members — convention, in particular killing members of the group, causing serious — members of the group, causing serious bodily or mental harm to members — serious bodily or mental harm to members of the group, deliberately infticting _ members of the group, deliberately inflicting on the group conditions of life _ inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part— its physical destruction in whole or in part and — its physical destruction in whole or in part and is imposing measures intended — in part and is imposing measures intended to prevent births within the group. in favour, president donohue, _ the group. in favour, president donohue, vice president, judges tomko. — donohue, vice president, judges tomko, abraham, billionaire, yousef, xue, bhandari, robinson, salaam, a soui’: _ xue, bhandari, robinson, salaam, a sour. norte, — xue, bhandari, robinson, salaam, a sour, norte, charlesworth, branch. against, _ sour, norte, charlesworth, branch. against, judge deb intake, burak. by
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15- to _ against, judge deb intake, burak. by 15- to the _ against, judge deb intake, burak. by 15— to the state of israel shall ensure — 15— to the state of israel shall ensure with immediate effect that its military does not commit any acts described in .1 above. in favour— acts described in .1 above. in favour president donohue, vice president. _ favour president donohue, vice president, judges tomko, abraham, bittionaire, _ president, judges tomko, abraham, billionaire, youssef, xue, bhandari, robinson. _ billionaire, youssef, xue, bhandari, robinson, salaam, it was sour, norte, _ robinson, salaam, it was sour, norte, charlesworth, brant. against, judge— norte, charlesworth, brant. against, judge set— norte, charlesworth, brant. against, judge set a _ norte, charlesworth, brant. against, judge set a ten day, judge barack. it's judge set a ten day, judge barack. it's by— judge set a ten day, judge barack. it's by 16-1, — judge set a ten day, judge barack. it's by 16—1, the state of israel shatt— it's by 16—1, the state of israel shall take _ it's by 16—1, the state of israel shall take all measures within its power— shall take all measures within its power to— shall take all measures within its power to prevent and punish the direct— power to prevent and punish the direct and — power to prevent and punish the direct and public incitement to commit — direct and public incitement to commit genocide in relation to members _ commit genocide in relation to members of the palestinian group in the gaza _ members of the palestinian group in the gaza strip. in favour, president donohue, _ the gaza strip. in favour, president donohue, kevorkian, judges tomko,
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abraham. _ donohue, kevorkian, judges tomko, abraham, balloon, youssef, xue, bhandari, — abraham, balloon, youssef, xue, bhandari, robinson, salaam, ea norte, _ bhandari, robinson, salaam, ea norte, charlesworth, brant, burak, misano— norte, charlesworth, brant, burak, misano k~ _ norte, charlesworth, brant, burak, misano k. against, judge sitting day. misano k. against, judge sitting day by— misano k. against, judge sitting day. by16—1, the misano k. against, judge sitting day. by 16—1, the state of israel shatt— day. by 16—1, the state of israel shall take — day. by 16—1, the state of israel shall take immediate and effective measures— shall take immediate and effective measures to ensure the provision of urgently— measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by politician —— palestinians in the gaza _ by politician —— palestinians in the gaza strip — by politician —— palestinians in the gaza strip. in favour, president donohue, — gaza strip. in favour, president donohue, kevorkian, judges tomko, abba ham. _ donohue, kevorkian, judges tomko, abba ham, bernina, youssef, xue, bhandari, — abba ham, bernina, youssef, xue, bhandari, robinson, salaam, a sour, norte' _ bhandari, robinson, salaam, a sour, norte, charlesworth, brant, burak, misano— norte, charlesworth, brant, burak, misano k~ _ norte, charlesworth, brant, burak, misano k. against, judge debit in date _ misano k. against, judge debit in date by— misano k. against, judge debit in date. by 15— to the state of israel
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shatt— date. by 15— to the state of israel shall take — date. by 15— to the state of israel shall take effective measures to prevent — shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope _ to allegations of acts within the scope of— to allegations of acts within the scope of article two and article three _ scope of article two and article three of— scope of article two and article three of the convention on the prevention and punishment of the crime _ prevention and punishment of the crime of— prevention and punishment of the crime of genocide against members of the palestinian group in the gaza strip _ i15-2, the i15—2, the state of israel shall submit — i15—2, the state of israel shall submit a — i15—2, the state of israel shall submit a report on all measures taken _ submit a report on all measures taken to— submit a report on all measures taken to give effect of the date of the order —
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i shall now call upon the registrar to read _ i shall now call upon the registrar to read the — i shall now call upon the registrar to read the operative part of the order— to read the operative part of the order in— to read the operative part of the order in french. order read in french. these _ order read in french. these are _ order read |n french. these are live _ order read in french. these are live pictures. order read in french. . these are live pictures from order read in french. - these are live pictures from the international court ofjustice in the hague. the speech presided over byjudge during donohue. they are giving their preliminary ruling on a case against israel brought by south africa, accusations of genocide. this case is getting attention
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around the world. let's show you a couple of pictures from outside the court. we have crowds of people here supporting the palestinian cause. you can see several palestinian flags there. we did previously see crowds waving israeli flags, but i don't see any of those pictures at the moment. we also have people watching in south africa. these are pictures of people in pretoria. the reason this is significant is because it is south africa is the country that brought these claims against israel. these are people from pretoria, people watching the live feed we also have people watching in ramallah in the west bank, so people they are gathered around their tvs watching what is happening in the hague. i'm joined
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in the studio by international editorjeremy bowen, who can help walk us through some of what has been going on here. jeremy, 45 minutes of the speech. it started with the legal mechanics behind this with the legal mechanics behind this with the legal mechanics behind this with the court first of having to rule that there is a case to answer in the first place. find rule that there is a case to answer in the first place.— in the first place. and they ruled that south _ in the first place. and they ruled that south has _ in the first place. and they ruled that south has a _ in the first place. and they ruled that south has a plausible - in the first place. and they ruled that south has a plausible case i in the first place. and they ruled i that south has a plausible case and that... what they have said very clearly is this doesn't prejudge any further deliberations that they will make in the forthcoming months or even years but what it does say very urgently adds up to a victory for south africa's lawyers and a defeat for israel's in that she said very strongly, and she gave the voting figures as well, that provisional measures, which israel was open would be thrown out by the courts are operative, are important and
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they include taking measures to prevent the commission of all acts including killing members of the group, meaning the palestinians, causing bodily or mental harm, physical destruction, preventing births, no acts by the military of israel shall cause the above. she didn't say you have to have a ceasefire, because under international humanitarian law, under the right circumstances and within the legal framework, war is legal and israel was attacked, but what she is saying that the way they conduct the war really has to change radically under these conditions that they have said there also has to be the proper provision of humanitarian aids, that israel must prevent and punish incitements to
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genocide and she also, with some detail, went through statements by senior israelis including the defence minister, and the presidents which she says compounds, these statements help make south africa's case plausible. i will give you one example rather than going through them all. the defence minister said on the 1st of october i have released all restraints, we are fighting human animals. hertzog said there are no real civilians, they could have risen up, so in other words there is a collective guilt there inside gaza. i think the israelis will be outraged by this and i think the south africans will be very happy that the case they made has been accepted by the court and will now proceed. taste
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made has been accepted by the court and will now proceed.— and will now proceed. we can see ictures and will now proceed. we can see pictures now _ and will now proceed. we can see pictures now from _ and will now proceed. we can see pictures now from pretoria. - and will now proceed. we can see l pictures now from pretoria. ecstatic crowds there, people really pleased at the provisional ruling of the court, and we must stress provisional. we have not heard anything from the israeli government yet. we are hoping to speak to a spokesperson from the israeli government as soon as we can, but every time you do talk to someone from the israeli government they do say we are taking measures to protect civilians, we are taking measures not to target civilian infrastructure, we are urging people to leave areas we plan on targeting, these are all legitimate military targets. does the court ruling change anything? the targets. does the court ruling change anything?— targets. does the court ruling change anything? targets. does the court ruling chanaean hin? change anything? the court has said that the assurances _ change anything? the court has said that the assurances that _ change anything? the court has said that the assurances that are - change anything? the court has said that the assurances that are given . that the assurances that are given are effectively not credible because what she did, justice donohue... otis interrupted, the talking again. and they have just wrapped up, my apologies. what she said is she
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quoted extensively from warnings and reports by senior un officials from the secretary—general down talking about, for example, the head of humanitarian affairs said the casa has become a place of death and despair, the world health organization seeing unprecedented levels of hunger in northern gaza, widespread malnutrition —— malnutrition. the head of unrwa talking about 100 days of ordeal and anxiety, lifelong physical and psychological scars, people living in inhumane positions. but that she is saying that when israel said it is saying that when israel said it is providing enough aid, that is not the case. we have heard from the palestinian foreign minister, saying that they are delighted with the outcome, the
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icj assessed the facts and the law and ruled in favour of humanity and international law. the court feed has now finished, we will come back to that activity when we can. we can see pictures from outside the court just now, crowds of people waving israeli flags. we have previously seen crowds of people supporting the palestinians, but there are notable crowds of people supporting the israeli side, as well. jeremy, you were talking about the number of justices and how they voted. there was one judge who voted against these measures repeatedly. she sits on behalf of uganda. also we of that? ., , , _, on behalf of uganda. also we of that? ., , , ., that? honestly, i can tell you. i do not know why- _ that? honestly, i can tell you. i do not know why. she _ that? honestly, i can tell you. i do not know why. she also _ that? honestly, i can tell you. i do not know why. she also voted - that? honestly, i can tell you. i do i not know why. she also voted against some of the measures that the israeli justice, justice barak, holocaust survivor, voted for. i'm afraid i cannot discern that from
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here. i don't follow ugandan affairs that closely or know that particular justice, but i think she has some questions to answer about why exactly those decisions were made. i exactly those decisions were made. i want to go back to the claim put forward by south africa, this is not just a claim of generic war crimes, this is a claim of genocide. talk us through specifically what a claim of genocide means and how severe that is. j genocide means and how severe that is. . . ., is. i have the relevant quote here, which is also _ is. i have the relevant quote here, which is also justice _ is. i have the relevant quote here, which is also justice donohue, - is. i have the relevant quote here, j which is also justice donohue, one which is alsojustice donohue, one that she quoted from it. it is the intent to destroy in whole or in part and national ethnical, racial or religious group as such. i'm no lawyer, but looking at what she said and listening to every word, she has said that the south african case is
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plausible and should proceed and because the rights that palestinians ought to have under the convention risk being damaged and prejudiced. there have to be these provisional measures brought in asap to stop that happening because that is an acknowledgement that this process is going to take an awfully long time. i'm hoping we can bring up our correspondent in south africa. daniel, this was brought by south africa and south africa has, in the short term, one, if you like, its arguments. we have heard that the president will be addressing the nation in about an hour. what will he be expected to say?— nation in about an hour. what will he be expected to say? well, i think the south african _ he be expected to say? well, i think the south african government - he be expected to say? well, i think the south african government will. he be expected to say? well, i think| the south african government will be delighted _ the south african government will be delighted with the order from the icj that— delighted with the order from the
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icj that the provisional requests, this specific provisional measures that requested were not granted in the form _ that requested were not granted in the form they were requested, but the form they were requested, but the court _ the form they were requested, but the court has delivered an order that classes south africa's case is plausible — that classes south africa's case is plausible. it listed a long list of death, — plausible. it listed a long list of death, destruction, injury and hunger— death, destruction, injury and hunger in— death, destruction, injury and hunger in casa and said the white —— without— hunger in casa and said the white —— without provisional measures the situation — without provisional measures the situation in gaza was deteriorating further~ _ situation in gaza was deteriorating further. we have a bit of reaction coming _ further. we have a bit of reaction coming in — further. we have a bit of reaction coming in from the south african government already. the head of public— government already. the head of public diplomacy for the government has taken _ public diplomacy for the government has taken to social media to say let history— has taken to social media to say let history record that south africa led the international community in fighting — the international community in fighting to give meaning to never again _ fighting to give meaning to never again the — fighting to give meaning to never again. the people of palestine also have a _ again. the people of palestine also have a right to life. i think we can expect— have a right to life. i think we can expect that — have a right to life. i think we can expect that the president of south africa, _ expect that the president of south africa, cyril ramaphosa, when he speaks _ africa, cyril ramaphosa, when he speaks later this afternoon will see
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this as _ speaks later this afternoon will see this as a _ speaks later this afternoon will see this as a victory for his foreign policy, — this as a victory for his foreign policy, that south africa will see this as _ policy, that south africa will see this as a — policy, that south africa will see this as a vindication of their bringing _ this as a vindication of their bringing this case and that they will feel— bringing this case and that they will feel that they had done the right— will feel that they had done the right thing. will feel that they had done the right thing-— will feel that they had done the riauhtthin. ., , ., , right thing. daniel, lots of focus on south africa _ right thing. daniel, lots of focus on south africa because - right thing. daniel, lots of focus on south africa because it - right thing. daniel, lots of focus on south africa because it is - right thing. daniel, lots of focus on south africa because it is the case that brought this case in this state versus state battle, but it was not alone. can you talk to us about some support from its international allies?- about some support from its international allies? south africa brou . ht international allies? south africa brought the _ international allies? south africa brought the case, _ international allies? south africa brought the case, they _ international allies? south africa brought the case, they made - international allies? south africa j brought the case, they made the complaints at the court. they brought — complaints at the court. they brought the case against israel, but south _ brought the case against israel, but south africa has been very active since _ south africa has been very active since the — south africa has been very active since the 7th of october in bringing attention— since the 7th of october in bringing attention to the palestinian cause. cyril ramaphosa is within the so—called brick group, that includes china, _ so—called brick group, that includes china, russia, india. he has been very— china, russia, india. he has been veryactive — china, russia, india. he has been very active at raising the issue. he has made — very active at raising the issue. he has made it— very active at raising the issue. he
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has made it very much a part of south _ has made it very much a part of south africa's foreign policy. this is consistent with a long history of the african — is consistent with a long history of the african national congress, the government here, it has been in government here, it has been in government for 30 years, but prior to that _ government for 30 years, but prior to that it— government for 30 years, but prior to that it had a longer history are some _ to that it had a longer history are some anti—apartheid liberation movements. it forge close links with revolutionary movements around the world, _ revolutionary movements around the world, including palestinian groups. there _ world, including palestinian groups. there is— world, including palestinian groups. there is a _ world, including palestinian groups. there is a long history between palestinians and south africans. and netson— palestinians and south africans. and nelson mandela became president, he said that _ nelson mandela became president, he said that our freedom, the freedom of south _ said that our freedom, the freedom of south africans, would not be complete — of south africans, would not be complete until palestinians were free _ complete until palestinians were free. what south africa has been doing _ free. what south africa has been doing since the 7th of october and in bringing — doing since the 7th of october and in bringing this case is consistent with its— in bringing this case is consistent with its long history.— in bringing this case is consistent with its long history. often south africa is one _ with its long history. often south africa is one of _ with its long history. often south africa is one of these _ with its long history. often south africa is one of these countries . africa is one of these countries that does not like to get too involved in controversial international affairs. look at
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russia, ukraine, for example. why has chosen specifically this conflict should be the one that it sticks its neck out on? i conflict should be the one that it sticks its neck out on?— sticks its neck out on? i think it is really because _ sticks its neck out on? i think it is really because of— sticks its neck out on? i think it is really because of the - sticks its neck out on? i think itj is really because of the reasons sticks its neck out on? i think it. is really because of the reasons i have _ is really because of the reasons i have just — is really because of the reasons i have just set out. core to the anc's identity— have just set out. core to the anc's identity and — have just set out. core to the anc's identity and outlook is its history as an _ identity and outlook is its history as an anti—apartheid liberation movement. it sees itself as the liberation — movement. it sees itself as the liberation movement of south africa. it liberation movement of south africa. it had _ liberation movement of south africa. it had close _ liberation movement of south africa. it had close links with the palestinian groups, the palestinian people _ palestinian groups, the palestinian people that long predate the anc coming _ people that long predate the anc coming to power with the birth of democracy 30 years ago in 1994. just as it had _ democracy 30 years ago in 1994. just as it had close links with other countries, _ as it had close links with other countries, cuba, for example, which within— countries, cuba, for example, which within certain international clubs are often— within certain international clubs are often anti—western countries. south _ are often anti—western countries. south africa retained close links with cuba — south africa retained close links with cuba for example, just as it
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retains _ with cuba for example, just as it retains coastlines with the palestinians and it seems that those were atties _ palestinians and it seems that those were allies that had long before next when mandela became president, lon- next when mandela became president, long before south africa was a democracy and was seen widely throughout the world as the rainbow nation, _ throughout the world as the rainbow nation, a _ throughout the world as the rainbow nation, a symbol of hope. what it has been — nation, a symbol of hope. what it has been doing by bringing this case, _ has been doing by bringing this case, by— has been doing by bringing this case, by raising the issue of the palestinians, is consistent with a lon- palestinians, is consistent with a long history. i don't think it is long history. idon't think it is that— long history. i don't think it is that surprising that south africa is the country that has done this. i think— the country that has done this. i think it — the country that has done this. i think it is — the country that has done this. i think it is totally consistent with its long — think it is totally consistent with its long history of foreign policy in relation to israel and the palestinians. the relations between israet— palestinians. the relations between israet and _ palestinians. the relations between israel and south africa are at a tow _ israel and south africa are at a tow that — israel and south africa are at a low. that predates the bringing of this case — low. that predates the bringing of this case on the 29th of december. south _ this case on the 29th of december. south africa withdrew its diplomats from pretoria in november and then israet— from pretoria in november and then israel withdrew its ambassador from tel aviv _
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israel withdrew its ambassador from tel aviv. sorry, israel withdrew its ambassador from telaviv. sorry, israel israel withdrew its ambassador from tel aviv. sorry, israel withdrew israel withdrew its ambassador from telaviv. sorry, israelwithdrew its ambassadorfrom telaviv. sorry, israelwithdrew its ambassador from pretoria immediately afterwards _ ambassador from pretoria immediately afterwards. then we have the national _ afterwards. then we have the national assembly of south africa voting _ national assembly of south africa voting to — national assembly of south africa voting to suspend all diplomatic relations— voting to suspend all diplomatic relations with israel, but the government has not yet responded to that. government has not yet responded to that a— government has not yet responded to that a big _ government has not yet responded to that. a big question is where the relationship between the two countries go from now but south africa _ countries go from now but south africa will— countries go from now but south africa will see this as a victory for them, _ africa will see this as a victory for them, that they took a lead, that they— for them, that they took a lead, that they brought the case, and that they have _ that they brought the case, and that they have been vindicated. daniel, we will leave it there with you for now. thank you very much. these are live pictures from the hague that you can see on your scene now. we've seen groups of people waving palestinian flags. we have also seen groups of people wearing, waving the israeli flag, this is the international court ofjustice, the un's top court, gives its
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provisional

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