Skip to main content

tv   World News in Full  PRESSTV  February 19, 2024 2:30pm-3:02pm IRST

2:30 pm
as was shown by mr. reidler, the statements of israel's highest government officials evincing israel's determination to dislocate the palestinian population next its territory and maintain its system of colonial statement, settlement, all a test to israel's of intention to maintain anapartide based occupation regime permanent. in july 2014, israel's then minister of justice declared, and i quote, what so horrifying about understanding that the entire palestinian population is the enemy, all enemy combatants, and their blood shall be on all their heads. they should go, as should the physical homes in which they raised the snakes otherwise. more little snakes will be
2:31 pm
raised there, and of course tragically, this of is just one of the many, the humanizing descriptions by israeli officials of palestinian children, snakes, snakes, mr. president, for all the above reasons, the state of palestine requests the court to declare that israel discriminatory practices against the palestine. people are tantamon to apartite, which this court defined in its 1971 advisory opinion on namibia as of distinctions, exclusions, restrictions and limitations, exclusively based on grounds of race, color or descent or national or ethnic origin, which constitute the denial of fundamental human rights, this actually
2:32 pm
reflects the palestinian reality. mr. president, members of the court, 47 united nations have declared that if the occupation is not brought to an end, and i quote, what would be left of the west bank would be a palestinian bantustan, islands of disconnected completely surrounded by israel and with no territorial connection to the outside world. and would be the crystallization of an already unjust reality, of two peoples living in the same space, ruled by the same state, but with profoundly of unequal rights. this is vision of the 21st century apartide, this is apartite. the palestinian population in israel stands at 20%. hence, israel's discriminatory treatment
2:33 pm
of palestinians must be viewed in its totality, as palestine and other participants demonstrated in their written statements, the system of racial discrimination extends to all areas between the mediterranean sea and the jordan river. furthermore, palestine, namibia and south africa, together with a mirade of public figures, legal scholars, ngos, concur that such discriminatory treatment amounts to apartite, even some of israeli officials admitted it, although it might not be clear to the naked eye, by israeli law, jewish citizens of any country who have never been to israel can automatically gain israeli citizenship, yet palestinians refugees who have spent their entire lives. in force exile and in refugee
2:34 pm
camps are barred forever from returning to their homelands. unfortunately, time won't allow me to expose the full extent of of israel's discriminatory laws, but i would only highlight that israel has an extensive set of laws discriminating against palestinians in every aspect of life. this was. not left unnoticed by serd, which noted that the practice of segregation between jewish and non-jewish communities continues to be applied in israel proper. a one-state reality of unequal rights, consolidating segregation and apartite against palestinians, is reflected in the inherently discriminatory character of the 2018 basic law, israel, the nation state of the jewish
2:35 pm
people, under this law, exercising the right to national self determination in the state of israel is unique to the jewish people. "developing jewish settlements became an israeli national value, not only in the occupied west bank and the syrian goland, but even in israel, and i ask where on which lands? the answer is on the lands where palestinian citizens of israel live, especially in the galili and the naqab, and exclusive right of one group and complete denial of the rights of another, from the jordan river to the mediterranean sea, if this is not apart tide, what is? israel's measures, policies and practices against the
2:36 pm
palestinian people are no less pervasive in the reach or less pernicious in their consequences than the institutionalized racial discrimination and segregation that existed in south africa and just like in 1971, the international community relies on this court to play its own genuine role to bring about an end to this glaring injustice. immediate end to this illegal situation will be stow on the palestinian people the fundamental rights to which they are entitled to by international law, yet, unfortunately, they have been so unjustly denied. let me conclude, mr. president, with the cry of desperation, representing the countless victims of the ongoing israeli atrocities, as
2:37 pm
described by the palestinian poet murid baruti. in my despair i remember, there is life after death, there is life after. death and i have no problem, but i ask, oh god, oh god, is there life before death, mr. president, members of the court, i thank you for your kind attention, mr. president, i respectfully request that you now call professor sans to the puding, thank you very much, i thank mr. nagam, now invite professor philip to address the court, you have the fl professor,
2:38 pm
mr. president, members of the court, it is an honor to address you this morning on the subject of the palestinian people's right to self-determination, the extended deprivation of this inaliable right in its permanent quest to exercise it fully. 53 states and three international organizations submitted written statements to the court, not a single... not one, not even israel claimed that the palestinian people was not entitled to self-determination under international law. mr. president, the written statements before you offer no discordant note to the
2:39 pm
three core propositions. the state of palestine advances in these proceedings. first, the palestinians are a distinct people, second, as such, they enjoy the very same rights as every other people, including that most foundational of rights, namely the right to self-determination, to decide for themselves, how they will live and organize, politically, socially, economically, in accordance with and subject to international law, as professor hersh lautpact put it in 1945, in the language of another age, freedom
2:40 pm
means and i quote, the right of self-government through rulers chosen by and accountable to him, and equality demands. and equal opportunity of self-government and cultural development, end of quote. third, the palestinian people's right to self-determination has real and practical consequences. it is not an empty slogan. that right includes, but is not limited to, the right to control their own land and natural resources, the right to be free from demographic manipulations by any third party, and the right to determine their own political status, economic development, their own futures. mr. president, members of the court, there is no dispute as to the right of
2:41 pm
self-determination of the palestinian people. it has never been an issue, not since the time of the mandate, and this court made that clear two decades ago in its opinion in the wall case, when it said loud and clear, the existence of an people is no longer issue. what is before this court now is the ability the palestinian people to exercise that right, and israel's systematic and prolonged violation of that right. what does the right to self-determination mean in practice? how has israel violated it? and what are the consequences of those violations? mr. president, members of the court. in its written statement, the state of palestine explained that the right to
2:42 pm
self-determination comprises four specific components: first, the right to territorial integrity, second, the right not to be subjected to demographic manipulations within that territory by foreign power. third, the right to exercise permanent sovereignty over its natural resources. and fourth, the right to be able to pursue its chosen economic, social and cultural development, the prolonged occupation, colonization and perported annexation by israel of palestinian territory, with all the discriminatory and other unlawful acts have and continue to deprive the palestinian people of each of these four distinct components. let me start with the right to territory. integrity so recently recognized and given effect by the
2:43 pm
court in its advisory opinion on chegos and endorsed by an overwhelming majority by the general assembly of the united nations. this implements resolutions 1514 and 2625, yet israel has clearly violated the territorial integrity the occupied palestinian territories through over more than hal half a century of belligerant occupation, as mr. reichler has described, it has proportedly annex jerusalem and the west bank, and it has established hundreds of settlements populated by more than 700 thousand settlers, regarded as a permanent part of israel. it is extended the wall that this court found to be illegal in 2004. it... has confined palestinians to enclaves, it has severed jerusalem, it has
2:44 pm
restricted palestinian rights of entry from the rest of the opt, it has transformed the gaza strip into an impoverished enclave, besieged, bombarded community severed from the west bank and east jerusalem. its leaders have declared that israel will be sovereign. over all the land, between the jordan river and the mediterranean sea, and it has made this formal government policy. what's the consequence of this? it is the acquisition of territory by force. it is the reduction and fragmentation, as you have seen, of the territory left for the palestinians, and this is a manifest violation of palestine's territorial integrity. its unity, its contiguity, which are core elements of the
2:45 pm
right to self-determination. the general assembly, the security council, the human rights council have repeatedly called for the preservation of palestine's territorial integrity and condemned israel's acts as violation of the right of the palestine people to exercise their self-determination, and so we are: the court to declare israel's 56 year occupation to be unlawful, to confirm, to take the words of your recent opinion in the chegos case, israel is under an obligation to bring its presence on the territory of palestine to an end and to do so as rapidly as possible. mr. president, members of the court, i turn to the right not to be subjected to demographic manipulation. the palestinian people, as you've heard and are aware, have been subject to a century of
2:46 pm
disposession and displacement in manifest violation of. their right to self-determination. this is in two ways. first, the forcible displacement undermines the integrity of the people, as the court has confirmed in the wall and cheegos opinions. between 1947 and 1949 between 75000 and 9000 palestinians were forcibly displaced in 1967 a further. 400 thous were forcibly displaced, refugees are prevented from being able to return, and forceable displacements continue today. entire communities in the west bank, including east jerusalem, and now before our very eyes a daily basis, across the entirety
2:47 pm
of gaza. second, transferring another people into the territory. of palestine is contrary to international law, it undermines the exercise by palestine of its right to self-determination, yet israel declares hundreds of thousands of unlawful settlers will somehow remain there permanently and forever. this is demographic manipulation of the highest order. it is grave, it continues, it violates the right of self-determination. the law requires that such actions must end forth with. mr. president, members of the court, the third aspect is the right to exercise permanent sovereignty over natural resources, as recognized by article one of the two international covenants, and by so
2:48 pm
many un bodies. the resources include land, fresh water, agricultural and mineral resources, including hydrocarbons. israel's control and proported annexation, the occupied palestinian territories, embraces both the land and its natural resources. for example, israel systematically appropriates water resources. in the west bank alone, the united nations has documented prohibitions on palestinians drawing waters from the river jordan, and gross
2:49 pm
right of people to determine its own political status and direction and to pursue its own economic, social and cultural development of its choice. this is confirmed by a multitude of instruments and general assembly resolutions. yet israel persists in prohibiting and punishing political expressions of palestinian identity and nationhood. flags are outlawed and attacked. civil society organizations and political parties are declared to be unlawful, leaders and elected representatives and civilians more generally, including so many children, are assaulted, exiled, imprisoned or killed. general assembly resolutions and many treaties confirm that these rights exist
2:50 pm
under international law, and they've been systematically violated. the... economic, social and cultural rights of the palestinian people are suppressed by a prolonged and unlawful occupation, by the purported annexation of the west bank, including east jerusalem, by the settlements, by the wall and it's associated regime and infrastructure, by the blockade of gaza, by the fragmentation of land, by the deprivation of resources, by the restrictions on freedom and movement of people and of good, and by a multitude of other acts of subjugation and collective punishment. these acts and others have curtailed the access of the palestinian people to livelihoods. have made the country and the people totally dependent aid, cultural development too is under sustained assault, access to religious and the
2:51 pm
centuries long historic status quo at jerusalem's christian and muslim holy sides, notably at the mosk is undermined and violated. religious, social and cultural events are stopped, schools and universities are beseed or just demolished, cultural heritage is usurped or just destroyed, writers, poets, academics are simply prevented from expressing themselves, and some, like the renowned poet, refat has simply been killed, religious leaders face... intimidation, harassment and incitement, and so to it goes for palestinian social development. the world bank, the world health
2:52 pm
organization has described the health system in the occupied palestinian territories as fragmented and fragile. access to housing is destroyed by forced expulsions, demolition orders, seasier and destruction of property, discriminatory planning, violence. and intimidation from settlers. in the gaza strip, the economic, social and cultural life the palestinian people has been decimated. after 17 years of blockade, the population is destitute. it is subjected to destruction on industrial scale, now utterly dependent on humanitarian aid merely to exist. "this continuing military assault today shocks the conscience of the world. is it consistent with the right of self-determination? mr.
2:53 pm
president. one only has to ask the question to see how it answers itself. the violence and restrictions imposed on palestinians impact every aspect of palestinian life. that's unter. reporting in march 2003, and of course today, the situation is even more grave. the violation of palestine's exercise the right to self-determination is manifest, and it is gross. in summary, israel has arrogated to itself the right to decide who owns palestinian land, who may live on it, and how it is to be used. on israel's approach, it decides on the use of resources and allocations of benefits. on israel's approach, it decides whether palestinians
2:54 pm
remain or return. on israel's approach, it decides how, if at all, palestinians may meet, trade, teach, worship, live, love. "and israel wants more, its current prime minister and government celebrate the denial of palestinian exercise of self-determination, of sovereignty and statehood. they celebrate it, they claim a right to construct settlements in the palestinian territory, and with pride, they speak of the power to frustrate the oslo accords and palestinian statehood, the..." ultimate expression, the ultimate expression of the right of self-determination. mr. president, let us be blunt. israel has sought to negate the rights
2:55 pm
the palestinian people, to exercise their right of self-determination in all aspects, across all parts of the territory of mandatory palestine. it has done so for decades and it wishes to do so forever. tragically, tragically, israel celebrates the manifest violation of international law, inherent in its prolonged occupation. tragically, tragically, israel asserts the right of national self-determination in the state of israel, and i'm quoting, is unique to the jewish people, under its own 2018 basic law. tragically, tragically, israel sets its face against the role of international law. no one in this great hall
2:56 pm
of justice is starry eyed. about international law, but it is what we have, and it is your role as judges of this court, the principal judicial organ of the united nations, to affirm the place and the power of international law, to confirm the illegality the occupation, to make clear that palestine in all respects meets the criteria of statehood under international law, with all the rights and response. posibilities that implies. mr. president, members of the court, the existence and exercise of the right to self-determination are not conditional. the right is a peremptory right. this is recognized by states, by judges of this court, by the international law commission, by commentators and what that means in practice is that there is no derogation from
2:57 pm
the existing. or exercise of the right. in chegos, the court confirmed that resolution 15-14, which recognizes self-determination, must be exercised without any conditions or reservations, reflects customary, general international law. the only limitation on the right, the court has said is that the free and genuine expression of the people concerned has to be exercised. in accordance with international law. in chegos, this court swatted away british and american arguments that alleged security concerns somehow trumped the right of self-determination and it's exercised, and we trust that the court will dismiss the argument that somehow the palestinian people's right of self-determination is conditional upon a
2:58 pm
subjective determination. by another state as to matters of its security. this right to self-determination includes the right of people to form a sovereign an independent state. more than 140 states have recognized palestine as a state, with a population, with defined territory, with a government being a party to multiple treaty, a state with rights and with obligations. mr. president, members the cord: palestinian statehood is not dependent on the approval of israel. an occupying power does not have and cannot have a right of veto over the right of self-determination of the palestinian people. the inalienable rights of the palestinian
2:59 pm
people include the right of self-determination, national independence and sovereignty. what are the consequences of israel's violations of palestine's right to self-determination and its exercise? professor pele is going to address these matters, so i can be brief, as the purpose and effect of the occupation is the denial of the right of self-determination and the prevention, let's be frank, of the solution called for by the security council, the general assembly. and the vast majority of states of our world premised on the existence the two-state solution. the occupation is illegal and must be brought to immediate, unconditional and total end. the right of self-determination requires that un member states bring israel's occupation to immediate end, no aid, no assistance, no complicity, no
3:00 pm
contribution to for. actions, no money, no arms, no trade, nothing. all un members are obliged by law to end israel's presence on the territory of palestine, period. in concluding, mr. president, members of the court, may i respond to the unfortunate point made by a small number of states at an opinion. from this court would somehow negatively impact future negotiations. with great respect, the truth is the very opposite. first, the court has confirmed ready, the palestinian people have a right to self-determination, without derogation. the existence and exercise of the right to self-determination is not and can never be matter for negotiation. second, "the function
3:01 pm
of this court, of these judges, of you, is to state the law, to spell out the legal rights and obligations that will allow a just..." solution in the future in conformity with international law. the political context is totally irrelevant. the legal questions in namibia, in the wall case, in the chegos case, all had a political context, but the court did not blink. it has never shied away from drawing the consequences of the right to self-determination. in chegos and in namibia, the advisory opinions. have been significant and positive in their outcomes and effects, by identifying the applicable legal principles, and then applying them to the facts, the court performs a most significant, uniquely significant role for protagonists
3:02 pm
and for the international community as a whole. with great respect to my friends from the united states and britain, it is the very opposite of what they have written, the function of this court, in interpreting and applying the right of self-determination of the palestinian people can only assist in a solution based on the law, by setting out the parameters required by the law to resolve the matter. fourth right advisory opinion from this court makes a res of the icj, are you listening to the deliberations that are being made by the lawyers? uh, this is the fourth lawyer based on the account that i have, and this is uh again to make a distinction uh from the genocidal war that's happening in the gaza strip, this is actually uh deliberating on the whole notion of israel as an occupying regime and an apartide.