tv Documentary RT January 26, 2024 7:30am-8:01am EST
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as will only be exercised, if there's urgency in the sense that there's a real and imminent risk that are reputable prejudice will because to the rights claimed before the court gives its final decision. the condition of urgency is met when the ex, susceptible of causing a reputable prejudice can afford at the moment before the court makes the final decision, the case. the court must, therefore consider whether such a risk exists at this stage of the proceedings. the court is not called upon for purposes of its decision on the requests for the indication of provisional measures to establish the existence of breaches of obligations under the genocide convention . but to determine whether the circumstances require indication of provisional measures for the protection of rights under that instrument. as already noted, the court cannot at this stage make definitive findings of fact and the right of each party to submit arguments with respect to the merits remains unaffected. by
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the court's decision, on the request for the indication of provisional measures, the court recalls that as underlined general assembly resolution 961 of 11th december 1946. i quote of the genocide is a denial of the right of existence of entire human groups. as homicide is a denial of the right to live of individual human beings. such denial of the right of existence, shots, the conscience of mankind, results and great losses to humanity in the form of cultural and other contributions represented by these human groups. and this contract moral law and to the spirit and names of the united nations. and of course, in view of the fundamental values sought to be protected by the genocide convention . the court considers that the possible rights in question in this proceeding, namely the right of palestinians and the gods of script to be protected from acts of genocide and related prohibited acts identified an article 3 of the genocide
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convention and the rights of south africa to seek israel's compliance with the latter's obligation under the convention, or of such a nature that prejudice to them is capable of calls causing irreparable harm. during the ongoing conflict senior united nations officials have repeatedly called attention to the risk of further deterioration of conditions in the gaza strip. the court takes note, for instance, of the letter dated 6 december 2023, whereby the secretary general of the united nations brought the following information to the attention of the security council across the health care system in gaza is collapsing. nowhere is safe and gosh, make constant bombarding by the israel defense forces and without shelter or the essentials to survive. i expect public order to break to complete the breakdown soon. due to the desperate conditions rendering even limited humanitarian
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assistance in possible. an even worse situation could info, including epidemic diseases and increased pressure for mass displacement into neighboring countries as we are facing a severe risk of collapse as a humanitarian system, the situation is fast deteriorating into a cap catastrophe with potentially irreversible implications for palestinians as a whole and for peace and security, and the reason regions such an outcome must be avoided at all costs. and the quote on 5 january 2024, the secretary general wrote again to the security council, providing an update on the situation in the gaza strip and observing that i quote, sadly devastating levels of death and destruction continue. and of course, the court also takes note of the 17 january 2024 statement issued by the unreal
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commissioner general upon return from his 4th visit to the gaza strip. since the beginning of the current conflict in gaza, i quote, every time a visit cause i witness how people have sunk further into despair, with the struggle for survival consuming every hour. and the quote. the court considers that the civilian population in the gaza strip means extremely vulnerable. it recalls that the military operation conducted by israel after 7 october 2023 has resulted inter alia in tens of thousands of deaths and injuries, and the destruction of homes, schools, medical facilities, and other vital infrastructure as well as displacement on a massive scale. the court notes that the operation is ongoing and that the prime minister of israel announced on 18 january 2024. that the war i quote will take many more long months in the quote. at present,
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many palestinians in the guise of strip have no access to the most basic fluid stuff, potable water, electricity essential medicines for heating to the world. health organization has estimated that 15 percent of the women giving person guys a strip are likely to experience complications and indicates that maternal and newborn death rates are expected to increase due to the lack of access to medical care. in these circumstances, the court considers that the catastrophic humanitarian situation in the gaza strip is a serious risk of deteriorating further before the court renders its final judgment . the court recalls is real statement that it has taken certain steps to address and alleviate the conditions faced by the population in the gaza strip. the court further notes
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that the attorney general of israel's recently stated that a call for intentional harm to civilians may amount to a criminal offense including that of incitement. and that several such cases are being examined by is really law enforcement authorities. well, such steps are to be encouraged, they are insufficient to remove the risk of that irreparable pressure. this will because before the court issues is final decision in the case in light of the foregoing, the court considers that there is urgency in the sense that there is a real and imminent risk that there referable credit as will. because to the rights found by the court to be plausible before it gives its final decision. the court conclude on the basis of the aforementioned considerations, that the conditions required by its statute for it to indicate provisional measures are met. it is therefore necessary, pending its final decision, as for the court to indicate certain measures in order to protect the rights
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claimed by 1st after that, the court has found to be plausible. the court recalls that it has the power under its statute when a request for provisional measures has been made to indicate measures that are in whole or in part other than those requested. in the present case, having considered the terms of the provisional measures requested by south africa and the circumstances of the case, the court finds that the measures indicated need not be identical to those requests . the court considers that with regard to the present situation, israel must, in accordance with its obligations under the genocide convention in relation to palestinians in gaza. take all measures within its power to prevent the commission of all acts within the scope of article 2 of the convention in particular, a killing groups of members of the group be causing serious bodily or mental harm
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to members of the group. see deliberately inflicting on the group conditions of life calculated to bring about its physical destruction and holler in part in the imposing measures intend to prevent 1st within the group. the court recalls that these acts fall within the scope of article to the convention when they are committed with the intent to destroy and holler in part the group as such. so the court further considers that israel must ensure, with the immediate effect that its military forces do not commit any of the aforementioned tax. the court is also the view that israel must take measures in its power to prevent and punish the direct and public incitement to commit genocide in relation to the members of the palestinian group. in regards this trip, the court further considers that israel must take immediate and effective measures
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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. israel must also take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of article to an article 3 of the genocide convention against members of the palestinian group in the gaza strip. regarding the provisional measure requested by south africa, that israel must submit the report to the court and all measures taken to give the fact to the order of the court recalls that it has the power reflected an article 78 and the rules of court to request the parties to provide information on any matter connected with the implementation of any provisional measures. it has indicated in view of the specific provisional measures,
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it has decided to indicate the court considers that israel must submit a report to the court on all measures taken to give effect this order within one month. as from the date of this order, of the report so provided shall then be communicated to south africa, which will be given the opportunity to submit to the court its comments there on the court recalls that orders, unprofessional measures. under article $41.00 is the statute. have binding effect and does create international legal obligations for any party to whom the provisional measures are addressed. the court reaffirms that the decision given and the present proceedings in no way pre judges the question of the jurisdiction of the court to deal with the merits of the case or any questions related to the admissibility of the application or to the merits themselves. it leaves unaffected the right of the governments of the republic of
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south africa and the state of israel to submit arguments, respect to these questions. the order then states that the court deemed it necessary to emphasize that all parties to the conflict in the gaza strip are bound by international humanitarian law. it is gravely concerned about the fate of the hostages of doctor during the attack and israel on 7 october 2023 and health since then by him us and other armed groups and calls for their immediate and unconditional release. i shall now read out the operative part of the order. for these reasons, the court indicates the following provisional measures, one by 15 votes to to the state of israel shell in accordance with its obligations under the convention on the prevention and punishment of the crime of genocide in relation to this house. the indians,
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gaza. take all measures within its power to prevent the commission of all acts within the scope of article 2 is a convention. in particular, a killing members of the group be is causing serious bodily or mental harm to members of the group. see deliberately inflicting on the group conditions of life calculated to bring about its physical destruction and hold for in part in the imposing measures intended to prevent. first, was in the group in favor. president donahue, vice president of oregon, judges tonka. are behind the noun, uses tre. bundari robinson salon. he was our no to charles forest branch. judge at hawk was sent against judge 17 day judge at hawk or rock by 15 boats to to the state of israel shall ensure with
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immediate effect that it's military did not commit any acts described in point one above me. favor, president donahue, vice president of oregon judges tonka abraham the noon uses sch way bundari robinson. so he was our no to charlesworth brand judge. i talked with cent. okay. against judge 17 day judge at hawk brock by 16 votes to one. the state of israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the palestinian group in the gaza strip. in favor, president donahue, vice president of oregon, judges tonka. behind the noun uses ch way bundari robinson, so that he was our, not a charles,
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where his brand judges ad hoc rock syndicate against judge 17 or by 16 votes to one. the state of israel shell take immediate and effective measures to ensure the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by palestinians in the gaza strip. in favor, president donahue, vice president of oregon judges konica behind the noun, uses tre, bundari robinson. so he was so no to charlesworth, brant judge's ad hoc for rock. seneca against judge said, attended by 15 votes to the state of israel, shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of article
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2. and article 3 of the convention on the prevention and punishment of the crime of genocide against members of the palestinian group. in the guise of strip and favour . president donahue, vice president of oregon, judges tomko behind the noun a used to tre. bundari robinson. so it was our no to charles worth. brent judge at hawk was sent against judge said the 10 day judge had talked rock by 15 votes to to the state of israel, shall submit a report to the court on all measures taken to give effect to this order within one month. as from the date of the order us in favor, president donahue, vice president of oregon judges tompkins, behind the noun, uses to a bundari robinson. so usaa no to charles or
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judge ad hoc was indicating against judge. so attend a judge at hawk brock. i shall now call upon the registrar to read the operative part of the order in french books motif let cool and deeply miss your call. so the 12 see them both kinds of work on put the diesel into a format mostly because showing mental bone with the to the whole show me pull it up. please don't show it as a place shown to claim division. a seed called or to team is you also provide up or putting me on a commission. i don't going put the police danielle duke as a the to tech. don't hold on this on that because you don't do enough to do like google show all busty created is that to see them move to the non political apologize for dropping and all of a sudden here on off the international. but you are watching the hearing of the i c . j live from that. hey, you
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a mostly watching joan donahue. let's choose the president of the international court of justice there. and what they did was the missed on issue the president of the cool that she really run down all the complaints and all the issues of what pretoria has alleged that israel is committing in gaza. and to be honest with you, a good 30 minutes, i'll start with a fair amount of legal, legal ego, legal jog, and but to get down to what they just said, they've just said something very, very important ahead, john, don't you hear the president of the international court of justice of the i c j listing now provisional measures by the code. the israel must agree to. now this is how they go. they number from about one to 6. so here's what we heard from the i, c j. number one. israel must take old measures to provide killings causing mental hom, or bodily harm to palestinians, but that is article 2 of the genocide convention. also the judges of the i, c j a by a vote of 15 to 2. they say the state of israel must ensure that as military does
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not come at any acts as described in article 2 of the genocide convention by a vote of 16 to one. israel will prevent and punish any incitement to commit genocide. also by another vote of 16 to one among the i. c. j. judges. israel will immediately allow for humanitarian aid to enter the gaza enclave. another followed by the i. c. j. judges of $15.00 to $2.00. israel shall take measures to prevent the destruction of evidence of allegations of crimes of genocide. and finally the icy j announcing part 6 of its list. the israel has now exactly one month to implement all of these measures and report back to the i c. j. at the hague. so one might imagine that the people of palestine and their supporters and although shutting solidarity with the palestinians worldwide should find this to be
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a good result from b, i c, j. one of the things also that the president donahue was saying and she pretty, pretty quickly said that the court recognizes that a lot of the concerns and complaints presented by pretoria do make sense and have to be addressed well here. so there are some of the major developments that have come out just moments ago in the i c j at the hey good. and before they did this right before the panel discussion, the i had a number of guests joining me here on the program. they all discussed what might be the much anticipated. i'd see j routing have a listen to this is really a above the question of paul, who wields the power, but most importantly, economic and military power. the fact that it's gotten to this point, uh,
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both this genocide of this catastrophe, oh, the wide variety of atrocities that have been visited upon the kind of thing and people, not just since the 7th october. we can take it fall back to 1948 to 9067. we have talked about decades and decades off to separate. uh uh so no. and your stage that has been very impressive that has been up using that has been a pressing exploring team that has been demonizing these people for very long time . the question is, how has that been allowed to go on the b 2 for so long a period? again, it's a question of how well of the international military and political, economic, gilbo, bottoms of forces in particular,
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which the license and the full backing of things. you please come west led by the united states of america user and has headed license to do as a business. we do a thing that and is it an inspection, does exceed the push boards of the case that this sort of get, has brought before into this not court of justice. and they have to do much to tend to destroy, you know, does as part of the part of it in the population. and of course they have committed suicide. the intent is over when, and i think that that case has been made just from this. she has a key of destruction, destruction, so excusable us because, you know, falls most of the judges of the public infrastructure, dudley live. you can cause a portable and i think the product, the more 16. how you doing, you know, is there any government, these rights history is accumulate the entire military and put it together as well
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as people could. about 8 us of the united states has accumulated the intent, which is, of course things garza of this particular population. what the software has done is something that people stadiums would never, ever forget. whether it totally inducted forward. what's, i'll definitely get it in support of. the 1st thing is, by the way, not only was a kind of the case i guess is an icy james. but also the next step, what the south africa, the, the is richard gold store, whose it is, i think is the case a, i think so what happened was that there's a new president. and since the last week is the case load. but i don't know if you've heard of most of you have that he was, there was a case against him. the switzerland was us to apprehend him for the site. so if there's a decides to ignore the case,
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i can tell you love to sing. and so he will, for, should we be able to leave as a tablet anywhere. because justice, when, when the father, of course is a, is behaving with infinity that they have, they, not that states that you care about a less than bowers in the supporting what they're doing. but i think the time for reckoning is no desired for the 1st side of the system. they is facing the judgement day and again, fax to south africa, well be to better take this whole conversation further here on ology, international or costing life now to of course, well known of world come guy who's joining us to have from john his bug hod at work as always, not a voice. that's right. put your phone down regarding life, your analogy international. we're also going to push through in a few more minutes to a local journalist, i'm having a jeep as well, but for the meantime, the voice, it's a roll rate to show you here in most go, i do hope that you can, you can hear me now we've been monitoring the i c j in the hey president joan
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donahue, coming out with a list of, well, very interesting measures that israel needs to follow noted for you. it's rory, i don't know. can you hear me at the moment? no, it looks like we got no connection with not a boy or another boy stand by. we'll come to you soon. we're gonna try and puts through now to him. i haven't not jeep who's standing by for us. i believe in in the west bank. uh mohammed drip is standing by for us. we will go to him in the very near future. i do apologize in the meantime though, back to pictures from the hague outside the ice c. j about plus 9 degrees celsius on that sunny day is a bit chilly. with all those p. busy that basically showing solidarity with the palestinians. you can see how many publishing and slides are on display. so what we've seen coming out of a i c j today is potentially very optimistic for the palestinians, or the i c j announcing 6 measures. the israel must adult and follow to
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essentially bring the college and the blood shed to an end in gaza. c, i c j the i c j. basically listening 6 measures the israel has to adopt, but also saying is, well, you've got 30 days to get this done and report back to the i c j. so perhaps a bit of pressure that from that have been put on television. let's, let's get back to my home. it's not jeep right now. mohammed doug, you can join us here on the live program here on knology international from the west. fine to the really describe exactly what's, what's going on with the people that mohammed, is there a sense of increased optimism? have you had a chance? i know it's just been a couple of minutes mohammed, but have you had a chance to speak with anyone since the i c. j made his final statement, the toner, the big one, the law, sit the whole where, how the club when they hear about the decision on the base. when from that decision and by the i c, j to access the lawsuit,
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that was public advice. i'll click on the 29th of last december and also when it's talked about those, what else would take care of manufacturing store prevent uh, maybe some sort of in on an edge and side. so good stuff. oh, certain people in garza, actually one of the ones we are want to save the lives of about us, you know, before they uh, before they get, just as far as those was still uh, sometimes it was so says thanks for uh, some uh, pretty fast the senior, in addition, i sent that that everything do you have that got that in here? i was watching the stream, the decision, the from la had the size of the heavy on fax from port it's all up because this is the 1st sign. they hear their voice is all his information on the phone, but like the says, choose the people say everyone finds the bill i need this is an advisor. he wants to get the account simple stuff door and goes off all right. mama jeep and the jeep . i appreciate that stuff i will be coming to talk to you again very, very soon. that's possible. have now to john his book and get back to us. he's none
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of our com guys because of what it was south africa that actually filed this case at the i c j. let's get over to our correspondent, another boy, a come getting out who's been monitoring his whole report by the i c j and also gauging public reaction as well. nevada, which will resume, show you here at moscow. i hope you're going to hear me at this point. we're trying to re establish a connection, not a boy, rory, again here, and must go, can you, can you give me some feedback? i know you've been watching the i c. j for the past couple hours. you've been speaking to locals as well. i mean your in the mecca for where this cool case originated from what, what can you tell us now? a will absolute 0 re as you roughly amazing them exactly with the african national congress be does all gather today initially the happy days seat and is the meeting, but it was a collaboration off the i c j. i'm hearing and moving together with the paul to
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listening off of the court. but he seems to be as roughly mentioned this before to has moved. that's at the judge. what we are listening to, right. the, sorry, the judge says the i to, j's has found that too big is the genocide, this dispute between each well and so that's recap. and that's what the i p j. it has the jurisdiction to hear the case of that. so that speaker continues to put forward and has already put forward the forward to has been rejected as well as argument that's so that's the big task case. it should be thrown out of the, off the courts road. the judge says that these are the eyes today. has found that south africa has findings and to restrictions to bring this genocide case against you as well. but most importantly, we must say as well, has lost its bid to the i c j to, to the south african case. all the ports has noted back to the east pima hockey, chase of genocide, which means that it's useful is indeed it's
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a suspect of getting a slide which is watched. everyone has been questioning school this time. i think a has also noticed that it's a stance in statements that have made to buy these well the government officials and military officials, which so that you can advocate to make, i mean by to be made to be asked as evidence. it's on the 11th of, of january. it's is indeed a genocidal intent to bite you throw to because it has also mentioned that to the i to j as long that this is a real, imminent risk of off the repair of the place of jesus. i'm to put a seniors in gaza, they ask staff outline die. yes. for many children prices in guys, that's the justice i. c. j has decided to gone to search and provisional mission. i saw that the cops, so the i, c, j. c is, well, must also take all these steps to prevent the, the, the,
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the inside of genocide against the people of god. indeed. and these actually, you know, when it, when it comes down to another lawyer with some pretty strong statements coming out of the i. c, j today, and as you said, they were 6 measures that the president of the i, c j, john donor to announce the last measure being israel has to implement these mattress. i report back in 30 days. so it does sound that should be like this should be some optimism among the palestinians on support. those of them as well that live in jo, but none of work. okay, thank you. well, thanks for joining us. your analogy international. we are not stopping at all just to pause for one minute with back in just a sec. the few issues of polarized the world recently, like israel's war on gaza, the west defends israel's colonial settlement of project.
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