consider this on al jazeera america >> this is the aljazeera. welcome to this aljazeera news hour. these are some the stories we are looking at in detail. facing justice, the kenya president is occurring at the criminal court. african union forces are gaining fight in the fight and taking back the port city. 24 people killed in a city after air strikes hits a

residential area, plus... >> the old city where the first time in years palestinians have been given permission to visit to mosque. the kenyan president is becoming the first sitting president to appear before the international criminal court in the netherlands and travelling on tuesday and face the judges and the massacres killed 1200 people. he addressed a special sitting of parliament and announced he's going to delegate authority temporarily. >> to protect the republic lick, i take the extraordinary and

unprecedented to invoke article 173 of the constitution and i will shortly issue the legal notice necessary to appoint the deputy president as acting president while i attend the state of conference in the netherlands. >> we are going to malcolm and joining us, this is a not a trial, but a like a pretrial hearing and what is going to happen him there, coming back or remaining in the hague? >> at this stage he's going to return. it is not a trial. had rerefused to attend the hearing he could be served with international arrest warrant and the other countries would have been allowed to arrest him. he's continuing to comply with the courts and that means no

arrest warrants and it is a pretrial hearing he's not retained at this stage. >> how come it has taken so long to get to this position? >> well, it's taken time for the international criminal court firstly to take on the case. originally the kenyan investigations into the alleged atrocities got handed to the international court and taking years to build their cases and they served indictments for number of the kenyan politicians and the kenya trial has had trials as well. in icc's prosecutor complained that the witnesses are withdrawing the statements, and saying that this is because of the witness bribery,

intimidation, and this obvious some that the lawyers are de denying and the problem that the courts are facing in lack of evidence is simply because he's innocent. >> shortly after the charges were launched, an interesting opinion poll in kenya and 85% wanted the prosecution to go ahead and now head of state, is the feeling the same? >> it's changed, it december definitely changed. as part of the election campaign, they mretty much framed the icc case as on a front as the kenyan sovereignty and they have continued to do so. they have claimed it's sometimes points a western conspiracy and interfereing with the african

politics and that has gain add of of traction among to supporters here in kenya and at the same time a lot of human rights activists and victims groups are less vocal about the justice and seeing a trial. many are scared and intimidated and some saying they have been threatened or attacked and disappearances and killings and that is something that the government denied and it is definitely true that the number of people speaking in favor of the case or the trial is growing smaller. >> thank you. so the hearing is to be on thursday. we'll hear from tom, that is international justice monitor. by and large, kenyans are relieved by the president to appoint an acting president while attending the meeting at the hague. >> the reactions are reactions

of relief because the president saying there was anxiety in the country that he was going and what that means and this is easing the anxiety and the people shouldn't be anxious about him going. in this particular case, the prosecution has said that to the extent they have a witnesses, they don't have enough evidence and therefore they are seeking over means of evidence and that evidence has to be tested by the judges, the judges may dismiss the case. >> the troops have made the biggest gain against al-shabaab and retaken control of the town. the border being the main entry of the point to the arms into the hands and this is a large

strategy to trying to strangle the al-shabaab strong hold. we have a report on how to residents are reacting to a change of the command. >> making their way carefully, the ground troops and the somali army is securing the routes and firing warning shots as they take control of the city. most of the al-shabaab fighters left long ago and there is a possibility of snipers and explosiv explosives. >> it is not as heavy, but we continued move. liter literally going back to the coastline. >> this is the town square. the same one that al-shabaab

used for executions just a few weeks ago and now there are a few people living here and still a lot of anxiety and no government presence since the collapse of the government in 1991. and this is governor, who they have not seen since 2008 and yet promising to cut off the hair if this day ever came. >> clearly it is a good day. >> this man gives a glimpse of like under al-shabaab. >> they used to quill the people by shooting them and you will find the blood where they did it. >> it is part of the operation came aimed at cutting off the supply routes from the sea and they are getting tactical

support. special forces are now securing the city, moving from building to building and trying to look for al-shabaab elements. this is a place where al-shabaab leaders held many of their meetings. at the town square, the soldiers are celebrating the victory and knowing that al-shabaab could come back. >> well, al-shabaab is the group that has links to al qaeda and he wants to create an islamic state and estimated 6,000 fighters, it launched attacks in neighboring kenya, especially at the shopping mall where hundreds of people died. since late 2011, the armed group is forced out of major cities

under pressure from the forces, that is continuing as we see, but it is controlling much of the rural areas, including the transport routes and so let's hear from matt in nairobi. we see by it was an important town to al-shabaab. >> it is a major setback. the town was the last headquarters of al-shabaab. they still control secondary towns but this was a main operating base in which they planned and staged the attacks throughout the region. so it is a major loss. financially a major loss. it is a significant port for the inparting of the commodities and their revenue is taking a

significant hit as well. i think that the loss of the the town is adding to the pressures on the group's leadership and raising the questions on whether the current leadership aligned with al qaeda is on the right path and we'll see those divisions been the group deepen and with the group that aspires to go with the islamic state we should see a push from the wing of the al-shabaab. >> stepping up the offensives in the province and forcing the fighters, the iraqi army is shelling the city of fa lu ja. the attacks killed five people and injured 11. according to iraqi state television, the government forces liberated the city in the

province north of baghdad and volunteers helped the government soldiers taking the back the city, but the fight against isil is more complicated. they have accidentally hit a residential neighborhood and 24 people killed and 37 were injured. now to baghdad and explaining the growing pressure on the iraqi government. >> the 24 people and 36 others injured in the city is putting the pressure on coalition air strikes and on the iraqi's themselves and uproar into the country because of these deaths. we have seen the tactics changing slightly because of the

unintended consequences and forcing them to go into urban areas and were they have bun using the civilians as shields. and we have seen that in a number of the places and it is difficult to hit them when they are hiding in the sifians and what is the intelligence that the americans are using and this is not a change in the american's position, they are air strikes in the country and the iraqi's are protesting at the highest levels. they have always said throughout the offensive that the civilian casualties need to kept down. >> they are saying that the groups are firing the rockets into the kiflian areas, and we are seeing here close to the turkish border and thousands of kurds are fleeing to turkey

because of the fighting in syria. pictures here released by isil and showing the group advancing. the fighters occupied a hill close to the area and have been forced to retreat from there. >> it is indicating the desperation of the fighters and it took a female suicide bomber from the ranks of the fighters to dislodge isis from the strategic mountains to the south and on monday morning the shellings and gun fire continues in that town. it is relentless and the fighters managing to hold the line around the town and isis is not able to penetrate into the town. we understand that the leader of the main syrian kurdish party

was in the turkish capital and meeting with the turkish security officials and out of that meeting according to the reports he asked for the turks to transport the weapons. what we don't believe that the syrian and kurts don't want is the turkish military going into the town and seeing the turkish military on the syrian soil, on the soil that the kurteds consider theirs because they don't want the kurds there but they want help in getting the weapons through. >> cracking down on the snuggling linked to the oil fields. they have accused turkey is turning the blind eye to the products, the trade is helping to fund the fighting operations. they have beefed up the border

control and arrested dozens of accused smugglers. >> we have strengthened the presence on the border and placed the flood lights and building walls and dug trenches and increased the number of personnel in the vehicles. >> inside of syria, the opposition fighters are making gains in the south, and taken control of a him. from where they can push to the north into the country side into the capital of demascus. >> opposition fighters are on the offensive and overcoming the stopping of war planes and missiles. >> we are not terrorists. we are fighting the killers. we defending ourselves.

>> the hill is strategically important it is sit waited between the syrian provinces. the opposition wants to build a corridor to the country side in northern which is already under the control. >> god willing we are going to march to the palace. >> the opposition is taking control of the town offalhara home to an infantry brigade. the opposition killed more than 50 government soldiers and destroyed 7 tanks and seized a large quantity of arms and ammo. the next goal is fully controlling the route leetding to the capital. that could prove difficult. the syrian air force is controlling the skies, a weapon

that is proven fatal to the opposition and on the ground they are fighting the government troops and the armed group of islamic state. >> at least 16 people being killed in the libya city. they have died in fighting loyal to a general and fighters from benghazi council. and batting the militia. >> an explosion and fire killed two people at the site linked to iran's military base. the state media is saying it happened late on sunday night at a production facility southeast of the capital city. it is a base where they conduct sensitive weapons test. an explosion there in 2011 left 17 dead, including the head of iran's ballistic missile program. >> we have this coming up on the

news hour... scared of the future, the indian workers that pled. plus, with the family members of the 43 missing students and they have taken over the toll booths and the highways. >> formula one driver remains in the hospital after a crash on sunday. we have the latest on his condition. >> in brazil, the runoff voting is held later the month to choose their country's next president. on sunday the current president failed to win out right majority and scoring 41% of the vote. she's going to face the

candidate. 34% for him. third place going to the social party. now in august she was ahead in the polls after taking over. we have more now. >> upbeat but not re-elected and not enough votes to avoid a runoff. >> i have to move forward and continue with each of the voters to change brazil. >> but the story of the night, who made a dramatic late surge and finishing in second. the message to get the economy growing coupled with a strong last debate, the candidate now finds himself on the cusp of the presidency. >> it is a great benefit to

brazil. i want to make the most of the coming days. >> in a country where more than half of the people are not satisfied with the government, and unemployment is record lows, both candidates are trying to draw out the different visions for the country. >> it is going to be continuity with the change and change with the continuity as well. they are close in platforms. all though, looking more like a fiscal conservative and the candidate as a social program fan. >> more than a hundred million brazilians cast a ballot, the message for those that didn't vote just as loud. >> the abstention rate 20% and over 30% in the state of paulo. >> many made it clear they need a little more time.

they are trying to give them something to vote for in the coming weeks. >> in mexico, it is still unleer whether the discovery of the mass graves and the disappearance of dozens of students are related. >> roads are blocked in support of the 43 missing students and fellow classmates and families are accusing the government of lying. adam is reporting where tensions are high. >> even the army can't get through. classmates and the family members take over a major highway here and blocking the traffic for hours and the government ignored the pleas for the safe return of the students. rather than engaging in a fight, this officer ordered the men back. >> aside from the escalation of

a tense situation, minutes later a burst of action, protestor are taking over the toll booth and ran off the workers and started collect funds for the families of the students. >> these students and family members are continuing to keep taking over the highways and the toll booths until the demand is met and returning the students alive. >> they don't believe that the bodies at the graves are containing the remains of the students. they are feeling abonn donned from the president that avoided talking about the case. >> we call on him to demand that the governor of the state hand over all of the young people alive. most of the missing were 18-22. and in their first or second year of a rural teaching college. they were last seen taken away by the police. fear and oppression and violence, the mother of one of the missing not giving her name.

>> nothing they told us is true. we don't believe them. we know that the governor has them. >> the governor didn't respond to the question of an interview. a member of the national human rights commission, the government institution, said he believes that the remains will prove that the graves are those of the missing youth. they are conducting tests. something that could take days. but the family members say they are only trusting independent experts from abroad. >> coming up on the news hour, we tell you why the canada courts are obstruction of documents.

>> we meet cricket and coming to grips with a whole new ball game.

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time. >> only on al jazeera america. the leaders of the world's two largest democracies are getting together, the prime minister is still pretty new to the job and has plenty of challenges. it is inside story. hello. i am ray swarez. india is in a new place, among the top tonies in the world is measured by the u.n. and the world batching, but hundreds of millions of it's people are still poor. the economy is grown