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tv   DW News  Deutsche Welle  April 9, 2024 5:00pm-5:15pm CEST

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the the, this is dw news line from ballot pension us from switzerland. when a king court ruling against their own government, you can cost human rights oppose the complaint that failure to act on climate change puts them at risk, thought the cold throws out claims from portugal. then from also coming up. lawyers tell that you ends 12 coats. that's the german support for israel does not breach international. they strongly reject the claim by nicaragua. the berlin is helping israel commit alleged genocide and gaza. the
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god both as welcome to the program europe stopped. human rights court has ruled in favor of a group of swiss pensioners who argue the government, put them at risk by not doing enough to prevent climate change. is a landmark decision that could influence legislation across europe and give it those 2 active. it's to say that governments are failing to tackle global warming. of these women have made climate history some 2500 swiss pensioners through their own government because it's handling of the climate crisis put their health at risk . the european human rights courts and strossberg funds ruled in their favor. a landmark decision cementing the idea that governments clements in action can violate human rights. as the step is to talk, this is the best they. yeah. that's we have the right thing history. and as i pushed on and the way i understood it, switzerland has done too little,
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took up the time of crisis and violated human rights. that's a nice victory bagley's too. and they'll see some of the applicants use their own medical records to support the case. they said that heat weights which has become stronger and more frequent with climate change are especially risky for them as elderly women, 16 of the grand chambers, 17 judges voted in favor of this with women's associations. and as a result, they concluded that this was government failed to meet emission targets and but it should have examined the associations complaints europe. that'd be a ruling will be communicated to switzerland and it will have certain measures that switzerland will have to perform to do more. but the plaintive stress, the ruling isn't totally for their benefit. yeah, i understand all of it at all when all affected, not only all the women, it's been proven that they're out a greater risk, but it's important that everyone has kid phones. that's good. all they can sort of to be are so that this was the associations case wasn't the only one the courts considered today. 6 young people from portugal suits 32 european countries because
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increasing climate extremes, like the wild, far as in portugal, make the planet unlivable for future generations. a former french mer also suited his own government for not taking significant steps to fight climate change. but the court ruled both cases as in admissible on procedural grinds. still the one when of the day to change the future of climate litigation is the 1st time a powerful court has ruled on climate change. and it could set a precedent for more people taking the government to court holdings. there was some responsible for their actions and this as a result of this can meet in no way that we get feedback. this means that we have to fight even more since the beginning because in the time its emergency, everything is that state. the effects could be felt in courts across europe, or even the world. christina folk, there's a professor of international law at the university of also, and i asked whether this routing page the way for floods of new cases now as well.
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formally, it does not set a precedent for any other case, but it is of course, a very important finding because it's the 1st or thoughts of judgment that we have from a super national quote that the victory links human rights violations to. so in efficient or non vicious accident on climate change. now, how will this then affect legal practice across the u. l. it's a, it's a very important indication that governments have to step up their game in order to protect human rights and governments on over the world and in the new as well uh, legally responsible to take appropriate measures to protect human rights. and in order to do so, we're now told they also have to take emissions climate change action with using greenhouse gas emissions to net 0 by 2050 heading effective measures in place to
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get there. and to ensure that they actually reach that goal. so that link is very important for decision makers for lawmakers, for implementers, but also for other quotes proceedings with white and can have very important big petitions in other quotes. but those other international quotes. and then many proceedings ongoing, which i kind of waiting for that judgment from staff book that we have now. now let's talk about the 2 other cases that has been, have been dismissed. that seems like a set back full time it activists amy for a stronger government action. uh, how do you see these decisions affecting future legal strategies? yeah, well, they were dismissed on procedural grounds and, and that does not really come as a surprise. you have to provide proof that you are a victim of a government of action, and that in particular, the portuguese case that you have exhausted domestic remedies. you have to go to your national chords. first,
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they have to lose their and then you can go to strasbourg. that's the stablish legal requirements, and it doesn't really come as a surprise that these 2 other cases cut in versus funds and they put a case case where dismissed. but it's not really is such back because we do have one case that now gives us a very clear indication of who is the victim. that was the association of climate senior women. and we have in particular findings on the merits, on the direct relationship between human rights violations and state actions. so i don't think it is very upset to fact that the other 2 cases are ruled out, but then many more cases to come to another 9 cases that i know what a to, to for the court to decide. now let's look ahead of, but do you think that national quotes across europe will play a more prominent role in the old and government's accountable? most likely they've already been doing that. we have a whole wave of climate situation in many countries already ongoing for the last
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decade or so. uh, but i think that climates integration based on human rights arguments is something that we probably will see more off infused by the reasoning from the european court on, on human rights. now i noticed in europe as i just said, global global phenomena. now what other legal avenue is my being spills bye back to this or? well, other legal avenues then then, then quotes are going to be. we see of course, a request to the highest quotes in the world. the, the, the international court of best is, for example, has a request to advisory opinion on states obligations to protect the climate system that goes above and beyond human rights. the dust include human rights, but also asked about what a sentimental legal obligations under international law to protect the climate system, for example, and the loved the ceo, the united nations, talk to us. so these are um undecided questions which i know put to the
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highest quote in the world. but i'm also sure that the international court of justice will have a good reading through what came out of stress book today. thank you very much question. a full blown professor at the university of all. so you're welcome. let's take a look at some of the other stores making headlines. staying with climate change, but uses modules the hottest on record. on the 10th straight months of record heats, temperatures succeeded the pre industrial average by $1.00 degrees celsius. since scientists say the heat is down to rising, greenhouse gas emissions authorities are wanting of more flooding to common southern russia will do levels in there. you're a rhythm, so rising, following the collapse of several dikes, thousands of how to leave the homes through the board with context on the un migration agencies as 38 bodies have been recovered off the ship wreck off the
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coast of to booty. international organization for migration said at least 6 of the were missing, and presumed dead was $22.00 survivors were receiving assistance. islands, parliament has voted in simon harris. as prime minister, paris replaces leo veronica, who resigned abruptly last month. the 37 year old from the governing center i've sent a go potty will be islands, youngest prime minister, as germany as presented its defense that the international court of justice to an accusation of facilitating alleged genocide in gaza. nicaragua is seeking to hold german weapons exports to israel, claiming potentially being used to commit genocide. germany rejects the accusation, saying it is trying to balance is responsibilities to both is isabel and the palestinian people. israel security is that the core of german foreign policy,
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that is how germany justified it's going to support of israel as it rejected in nicaragua, as accusations at the i. c. j. germany has learned from its post posts that includes the responsibility for one of the most of or if it crime since human history. joshua. but despite that history, nicaragua says germany's military support of israel is in breach of the genocide convention. germany is israel as 2nd largest supplier of arms and the correct with says those experts are enabling is riley forces to commit to potential acts of genocide in gaza, application in the gym. and he says the accusations on not placed on facts in the let me only supplies on the basis of detached scrutiny scrutiny, but only respect but far exceeds the requirements of international law. it all cued if in nicaragua has grossly distorted the quantities and purposes of berlin's palms
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. exports to israel. and if we look at what has actually been license for export to israel under this framework since october 2023. we see no artillery shells, no munitions or nearly all x, but the exports involve what is known as of the military equipment typically of a subordinate or defensive nature. position is, israel's conduct in gaza is central to this case. and germany questioned how the code can rule without israel's presence to allow it also lash downs that nicaragua for focusing on israel's actions too. but ignoring those of from us fire. unlike nicaragua, germany is not blind to the fact that thomas also has publications under international humanitarian law including towards the civilian population in gaza. so don't need, that's how much not comply with its obligations,
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but it also renounces any responsibility in the most center comment of the judges must now decide whether to impose emergency measures to holtz german onto exports to israel. and i also chief political, as i mentioned, a coupon with a german is rejection of the locations is in line with its policy towards israel, which has recently become a bit more critical. so it is, that's the sort on. so basically the done inside argue today that there was an i quote, no basis. in fact, no of the accusations made that in this quote, alleging that many was the policy assisting in what the correct were called a genocide or less of the taking place in gauze. of right now, and that very question of whether that wasn't the and the side was already in this court in january when south africa to proceedings against israel. and the very same
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court did not come to the conclusion that there was a genocide actually happening at the same time, it obliged israel to take steps to prevent the side from happening. so clearly the recognition is that there was a very serious humanitarian situation to say the very least. and we also sold the tubman farm and this to come out today commenting on these proceedings and highlighting the commitment of the me towards israel. it's right to defend itself against the act of terrorism on october 7th, by how mosque, but also speaking of durham and these efforts to basically count to what she described as a di lemme posed by how mos shielding behind civilians that is following also israel's line of argument saying that it must ad will sit in the face of such difficult conditions. at the same time, we see that continued criticism and this tool. so you and security council resolution that cool for an immediate hold to the pricing that we're seeing
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happening. now with the time to take some time before that court ruling or any court ruling will be pronounced, what impact can legal action have on the conflict? like the one we're seeing right now in gaza? it's it's cons. have an impact on what is actually happening on the ground because many people who are suffering there are some things running out of time. and what it does have an impact on is the political debate of, of what is taking place in gaza and hit united states and germany. i've seen as pretty much the last 2 powerful nations backing israel's actions that we're also seeing the human rights council of the un, which israel basically reject calling for an end for arms of arms delivery. so that's also part of these proceedings. and so this is part of a political debate and also political campaign to put pressure on israel and his allies to ascend, sleep, stop the,
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the death of civilians on the ground and history will decide what actually took place is the case of the thank you very much and that's it from me of those team for now. thanks for watching the questions. got any issues with a lot say what grade the .

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