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tv   [untitled]    January 21, 2024 6:00pm-6:31pm IRST

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almost 180 people have been killed and 300 injured and is ready attacks on gaza in the past day, that raised the death doll since october 7 to above 20. 5,000, more than 62,600 people have also been injured since the beginning of the armslot. according to the pentagon, 140 attacks have been performed on us bases in iraq and syria since israel began as onslot on gaza, some 70 us servicemen have been injured in the attacks, two us personnel were injured in the latest such attack in iraq. israeli forces have
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blown up the home of a palestinian in the occupied westbank city of alvili, the house belonging to naswallah al gawasmi. he was one of the three palestinians killed after performing a retaliatory shooting operation in a settlement to york fidal hoorts in november. a people in the assyrian capital damas have held a funeral ceremony for victims of the israeli terrorist attack on saturday, it was held in saidaria shrine at least five. advisors and number of syrian forces were killed in the israely attack. and the iran foreign ministery has a strongly condemned these radio talk in syria that led to the monitom of several people. for ministry spokesman nasar kanani says that the iranian advisories in syria have a leading role in the fight against terrorism. it's that to iran reserves the right to respond to the israelity organized crimes. of
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francesca, welcome to the show. thank you, dania. it's so good to have you on and there's so much i want to discuss with you. um, i guess a good place to start. let's just jump right into it. uh, you know, i think you know very well that american officials respond to any criticism of israel's conduct in gaza or when dealing with the palestinians in general, with this proclamation that israel has a right to defend itself, and you've argued that in the case of the palestinian territories, israel in fact doesn't actually have a right to defend itself against the people that occupies. can of you explain what you mean by that? yes, um, i think that the... statement, israel doesn't
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have the right to defend itself, tells more than it means in fact, because i speak on the ground of international law, where the right to defend itself doesn't necessarily correspond doesn't mean the right to protect itself, the right to protect its citizen, the right to protect its territory, which is sacra saying and israel has. however, in international law, the right of self defense a under article 51 of the un charter means something else, more specific and deeper, it's the use of little force, it's the right to wage a war which is only a permissible under international law, either when it's authorized by the security council or in of order to respond to eminent attack, so people could say, yeah, but what hamas? indeed on
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the 7th of october was attack, the point is that the context matters, the context and neither israel nor the us and other um unconditional supporters of israel do not want to pose and think of the context is that of an occupation that has lasted 56 years and has translated into oppression and many violations of international law, so the... is the consolidated jurisprudence of the international court of justice, the supreme organ of the of the of the united nations, which recognizes the threats, the security threat that imanates for israel against israel from the occupied palestinan territory, but at the same time it says israel cannot claim the right to self-defense in the sense cannot wage a war against the people it maintains under occupation, so...
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israel was allowed to use to respond to the attack and to use force, but it it had to do within the limit of the law as and occupying power, which do not include... the right to wage a war. sorry, it was a long explanation, but i think it's necessary for people to get fully familiar with this very complex and and sensitive meta. genocide is really the crime of all crimes, it's the most serious crime, and it's also the hardest to prove, because it's not just, you commit a crime, and you commit a crime with an intent that is that that is evident, like for example, war crimes are violations of rules of international. sanitarian law, crimes committed in the context of hostilities, then there are certain crimes that are so serious when they translate into assault against attack against the civilian population that can occur both in war and or they occur outside of war as well like force displacement. um, at the same
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time genocide is really specific, is the intempt to destroy a people in full or impart through certain acts like acts of kill. acts of killing member of the group or acts of acts intended to to cause mass suffering, how to cause harm, physical or mental harm, or creating conditions that would make life of the group impossible. now it's not necessarily, mean intent doesn't mean that you you want each act uh to produce a given effect. but it's the intent is the knowledge that that conduct can result into the destruction of of the people in full or in part, so i think it's absolutely commendable what south africa did instituting proceedings against his genocide, the court will
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determine whether there is the risk and and therefore assisfire is necessary or and then he will have to look into whether it is or it's not genocide. so francesca, israel's security establishment and their state attorney's office have expressed the concern that the international court of justice at the hague will charge israel with genocide in the gaza stripped at the request of the south african uh government. so i was actually a bit surprised to hear that the israelis are so concerned about this. can you explain the significance of south africa invoking the genocide convention at the icj and how this could potentially have consequences on israel. aggression in gaza? sure, surely, um, there is a multiple layer significance of the the south african institution of proceedings at the icj. the icj, being the supreme organ
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the united nations, has a special competence when it comes to genocide, which is, as i said, the crime of all crimes. and there is an obligation to prevent genocide in the convention, so when states to not act to prevent genocide, to stop genocide and the risk of genocide being committed, then the court can take sort can declare like some precautionary measures, and south africa has asked number of of measures, but particularly sice fire, so of course israel is reasonably worried of a request for assess fire because the the conclusions, the decision of the icj are obligatory and compulsory for all states, so it would be, it would kick off series of
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reactions from the international community which has been silent and inactive, but also i would say the other layer of... complexity which generates preoccupation, it's symbolic, having south africa former appartite state, recognized apartite state, acting against israel, which is currently practicing apartides and charged, i mean asking for measures against israel for committing genocide, the state that it's considered is symbolically the state that emerges out of a genocide, the genocide. the jewish people carries such such a weight also as a again as a symbol that it's it's it's huge and therefore um now israel is engaged in discrediting this uh this measure from south africa but i am very happy to see that as we
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speak many states are declaring their intent first of all support for south africa commanding south africa and declaring their intention to join the proceedings. i also saw european state, belgium, whose vice price minister said that this is an important move and i hope that they will join the proceedings. this is very powerful. it seems like the israel. leadership, many of the highest level officials in the israeli government have stated on more than one occasion what can be considered genocidal intent, mean that's what the south africa uh case lays out pretty clearly uh their soldiers are filming themselves on camera very proudly committing really heinous crimes and enjoying it um and you know i'm just curious like how much more would like how difficult is it to prove genocidal intent. in this kind of situation, is it actually easy? does this come down more to the chances of
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whether or not this will be biased given who gets to make the decision and given the fact that israel is very good at pressuring and lobbyiing um against anybody you know ruling in favor of of palestinians or in favor of a cease fire in this case? the question is the intend to commit genocide is the knowledge of the effect that certain acts. knowledge that certain conduct cause the killing of the people muss um mass suffering or creation of conditions which will make life impossible and it's underneniable that following these statements the conduct to such that create and conditions which will make life impossible so the are there is the deployment of genocidal technologies like causing
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starvation, destroying the the health system that would allow the 50000 people who have injured, there are three kids a day who get amputated of one or two legs, as we speak, 10 children are killed, now i think more, mean the number of kids who get killed every day is astonishing, there are almost 1000 kids are being killed, and this is an unavoidable effect of such a massive violation of the law of of war, so i think that it's it's it makes total sense to envisage genocide, but also for another elementania, set settler colonialism, if we look... colonialism, it carries an eliminatory element in itself,
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ethnic cleansing, this is something that palestinians have endured through and through since the very creation of the state of israel, and in fact since every even before, and genocide is often an element of ethnic cleansing, so when the the the the purpose of a state... is to reduce the population, to to reduce it politically, uh, physically, with force displacement, and and push them out of the land, and there are declarations, i mean, there are countless declaration that the palestinians have to leave gaza, have to leave um, the west bank and is jerusalem, there have been call for calls for nacpa, second nakba, in fact it would be the... third also in 1967 35000 palestinians were
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expelled from their land, so i say it's a continuum, so one is to appreciate what genocide would mean, what the crime of genocide would mean in the context of israel's prolonged occupation and prolonged violations of palestines right? yeah, and then i mean another element of all this, and this... i guess falls more under the war crime category, but israel is engaging in the systematic uh destruction of medical facilities, and essentially the eradication of healthcare infrastructure all together in gaza, and i'm just curious, as an expert in international law, does this have a president anywhere in terms of actively targeting as matter of what seems like policy, hospitals as military targets like routinely, regularly across the board. not that we know of and
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again i often talk to and work with uh experts of um law of our conflicts, experts in other conflicts, so i'm a human rights lawyer, my expertise is in human rights. is also refugee law and i would say i don't think so and no one else i know can think of an of a similar experience of similar criminal conduct, but also ranya, think that this is the only, only conflict which has registered in such a first of all, it's the only conflict, quote and quote, which has registered such an such death doll among un staff, over 130 un stuff members have been
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killed, around 100 journalists have been killed. some by drones, meaning they've been followed and targeted, at the same time, no foreign journalists are allowed in, no israeli journalists are allowed in, no one is to see what's happening in gaza, so again i no, there is no precedent, this exterm, this is an extermination campaign from assessment, so it's it's necessary to look at it, does it constitute genocide? we need to give answer, and those the architects of this, those who have executed this must be investigated and brought to justice. yeah, you know, my uh, my friends in lebanon who work for different un agencies, um, and they're you know obviously
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very concerned about what they're seeing in gaza, and top of that, the they fear that this conflict... expand to lebanon um and you know the israelis have the location of every un facility uh in gaza, they also have the location, i mean the un gives them their location across lebanon and lot of them don't feel comfortable with that, they feel like that's actually telling them where you can hit me if a war expands to lebanon, i mean that's the situation we're in, it it it really is stunning it that this is taken place to the point where you mentioned 130 people, un staff have been murdered. and you have the israeli ambassador to the un standing before the un general assembly a month or so ago, essentially accusing the un of being uh hamas, i think he actually made a statement, i mean i'm not, i'm not exaggerating when i say that, many unra workers in gaza are themselves members of hamas, the time has come to bust the myth of un supplied facts, this council is being
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spoon-fed lies, um as somebody who works... with the un, i mean, how do you perceive that? uh, look, this person in particular is notorious for his incendiatory statement, incendiary statements against un officials, un experts, uh, with a history of commitment to human rights and justice, he, i mean, what is, what is astonishing to me is that his hubrus is tolerated inside the un, um, his parerious allegations are never met with proper measures, because he insults the un,
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and he insults frankly he brich is in breach of every... standard of minimum decorum that should exist in the united nations. yeah, well i wanted to also bring up the issue of us complicity. i mean, anthony blinken, we're we're recording this a day when anthony blincan actually visited israel uh, and you know, once again, the white house has stated that they are not interested in pursuing a cease fire. at the moment, the us has repeatedly used its veto to prevent a cease fire from taking place and used also its ability to pressure the un security council against issuing a statement for a cease fire, the us sends weapons to israel a daily basis, um, and they really do block all measures of accountability, so i'm curious when we talk about the israelis being investigated for, what's an exterminationist campaign, all
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these war crimes, everything that we've discussed so far, could the us potentially be held liable for israel's crimes? "there is case that was brought against the us by very renowned very well established organization in the us which is the center for constitutional rights uh against the us for enabling genocide, so without prejudice to the conclusions of of the court, i think it's very meaningful because again ' sending weapons to a state which is clearly committing atrocity crimes and it's announcing overly, it's intention to pursue further uh atrocity crimes like the first place. the the people in gaza out of of gaza, but you don't think of this, think of this, there are over 23,00 people who have been
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killed, probably 3000, because there are 700 people who are missing and they have been missing for weeks, so they they perished under the rubbles reasonably, so out of 3000 people, 70%, 70% of them... where women and children uh and israel so it means that 700 700 are men adult men over between 18 and israel says that it has kill 800 terrorists look at the mats of this so more than the male so all the male population constituted a terrorist, legitimate target according to israeli standards, where's the evidence? we have seen, first of all, we have seen women
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hit, mean women targeted, women killed while waving a white flag and carrying their children killed by israel's neighbors, and can we reasonably assume that more than the entire male population who's been killed were terrorist? "this is so, it just, it just matters to post for second and do basic mats, beyond the horror of 70% of those were killed being women and children, this assumption that every adult male is responsible, is presumed guilty is precisely the the symbol the dehumanization of the palestinians that israel has..." has put forward since the very beginning of these ending fact even before, and then i'm also curious, can you do you
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think you can separate what's happening in gaza from the west bank? i mean, obviously the scale of destruction and aggression in gaza is astronomically worse, but obviously there's similar goals at play here, um, force displacement, ethnic cleansing, you know, basically everything... a smaller scale in the west bank is taking place and i mean i think over 250 people in the west bank at this point 250 palestinians have been killed by the israeli since october 7th so i guess just to go back to my original question can you separate what israel does in these two territories no i cannot separate that and i cannot separate what what is happening to the palestinians in the in any part of the occupied palestinian territory from what was happening before. because the level of violence against the palestinians, the level of oppression, humilion, indignities, as a result of intentional violation of basic
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rights of the palestinian people was a reality, so what we're seeing now is shocking, but not surprising. in this week's show we'll be looking at south africa's momentous application to the international court of justice. in his comprehensive 84 page submission, south africa sets out the legal basis for its contention that israel is perpetrating genocide in gaza. you you have this pattern the the west uh, obviously not just germany, but you fully expect the british government, the us government of course is... and completely dismissive of what south africa has done uh that continue this uh imperialist posture and of course it was south africa at first and it was only there for quite a while
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and then all of sudden a trickle other countries joined bolivia amongst them and then of course later bangladesh joins and you've got a whole list of countries i think um around about 20 i possibly more. لا لا يا عم شهيد شهيد حالك لا اخوي شهيد.
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despite the catastrophic death tolle it is inflicted israel is losing on the ground and in the court of public opinion, there's no way that this ends that doesn't leave israel a playa state with occupation and a part. on borrowed time and they know it, so they're doing everything they can, desperate acts of aggression to provoke a wider conflict with lebanon, with iran, with anybody to draw in the us, to save them from the consequences of their own actions, and as yemen shows, butcher biden is reporting for duty, with europe's froud genocide by his side, they are the ones who have enabled the continuation of israeli terror, without them it would already
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be over, so take note, butcher biden, the ancestors of the ireland that you claim to be from, disown you, keep our country out of your mouth, and as for vonderlion and genocidal germany with your words and deed supporting israel in the icj, not in our name, the people of europe stand with palestine and with south africa, who does he think he is, kicks me over my house, locks me. the shed without enough to survive and then bombards the shed. i know it's mental, isn't it? hate him, solidarity. what we need right, is a united front to stand up to one, to fight for our rights and freedom. oh man, couldn't agree more. if ever get my hands in him, i'll be like, yeah, well let's go and confront him. whoa, whoa, whoa, what the heck man, i thought you hate him, do totally, uh.
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um, it's just that he has got some good qualities, like what? good lad, good lad, solidarity. this is my land and my country. it is not only the 1948 or 1967 borders from the sea to the river. i am not ready to let go of a centimeter. israel is here like any for by the support of the europe, by the support of
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the united states. that's why they separate the land, but i was at the babil sham's protest last week and i myself had a my head banged against a bus by a soldier illegally on illegal stolen land and they are arresting us the... this is historical palestine, so everyone, you're watching ball here from tehan, i'm your host.
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and the 107th day of the us israel genocide in gaza, the death toll rises to more than 25,000, mainly women and children. the pentagon acknowledges 140 attacks on us. cases in iraq and syria in the past three months, resulting in injuries to at least 70 american troops. fanal processions are held in the syrian capital for moders of saturday's israelity terrorist attack, targeting iranian military advisors.