the u.n.'s top court rules neither serbia or croatia committed genocide during the balkins war. ♪ hello and welcome to al jazeera and live from doha i'm on the program and celebrating victory of i.s.i.l. a powerful shia malitia says it's now ready to attack the iraqi strongholds. troops from chad and cameroon are stepping up their offensive against boko haram. ♪

the story of the syrian child refugee who has become a musical prodigy in the united states. ♪ now, the u.n. international court of justice is right now ruling on genocide charges that were brought by both serbia and croatia, charges against each other and relate to the conflict that began after croatia broke away from yugoslavia in the 90s and this is the international criminal court and so far said serb forces committed widespread crimes in croatia but they did not amount to genocide and that is when croatia liberated to controlled parts of the east and let's talk to jeffrey, the chief prosecutor in the serbia president and is live now from

london and thank you for talking to us. so they have both been cleared of charges of genocide but that doesn't mean that atrocities were not committed. >> no not at all. genocide is a very particular crime which requires a very particular intent the intent to destroy a part of another group simply because of the nature of that group or because of the ethnicity of that group and in each case one side said to the other that crimes were committed without particular intent and the court said these crimes might have qualified if the intention had been improved and of course the intent has to be proofed against the state because this is a state, state case it's not an individual case, and said the crimes might have qualified but in neither case did they. for example it said terrible crimes may have been committed at a place in croatia but committed in order to clear them of people in favor of serbs and

simply trying to clear people out does not equal intention to destroy the people of themselves of a group or part of a group and made similar findings about a desire to punish people and said, yes, they desire to punish them but it doesn't amount to genocide and similar and perhaps stronger findings in favor of croatia that they will make. >> famously adopted during this conflict the term ethnic cleansing so clearly ethnic cleansing does not amount to genocide? >> no. and it's perhaps quite helpful if that at least is clarified because in the developing language of international conflict people understandably get confused. you can ethnically cleanse an area without committing genocide, genocide is seeking to destroy a group or part of a nationality, an ethnic group, whatever it is simply because of

who they are like the killing of the jews in the second world war and like has been found for example in rwanda and the conflict there and as has been found as against the serbs in bosnia in response to the massacre and these are separate incidents from the one that was dealt with and the finding has been made by the court that the necessary mental state was not proved on either side. >> it sounds very much as though the deep and painful wounds in inflicted are far from closed and where will they go next? >> well probably to no other court for these purposes because this is the world's top court. there is no appeal. as i said in an earlier contribution to your program, one of the realities is that the states or groups within states try and use court process to write a history that is favorable to themselves and it

could be argued in these two cases or this case and the counterclaim case that each side was trying to write a history saying the other side committed genocide against us and both sides failed there and that doesn't mean to say that the exercise of trying to write history or rewrite history in a way that is favorable to one side or the other won't continue. it will now have to continue by other means and it is well to bear in mind that although this may to some extent settle the difference between serbia and crotia there were two other states smaller in sides bosnia and cosova which are in a state of unresolved tension with serbia as to distribution of guilt of what happened in the 1990s. i9 may well be thought that bosnia that achieved a genocide of a kind address to serbia in the international court of justice and cosovo who has not

brought a claim have stronger merits and one of the interesting things is will bosnia try to reopen the case given the negative against them and will cosobo bring such a claim and given they have histories to write or rewrite but that they so for have not taken the step of taking it to the icj. >> thank you very much for talking with us at al jazeera. >> my pleasure. iraqi government and a powerful shia malitia declaring victory over i.s.i.l. in the key iraqi province and the fight has been led by the core and this is a group which held a rally, a victory rally indeed on monday and is now saying it's ready to move north into i.s.i.l. strongholds and jane was at the rally and sent us more from baghdad. >> reporter: this celebration illustrated the growing power of shia groups here including the batter core the batter core is one of the leading shia malitia

and don't like to be called malitia but they are in control of their own operations and working with the iraqi government and with those forces they have now taken over according to the malitia member malitia leaders and iraqi government officials pretty much of all of the province a major stronghold of i.s.i.l. and it has not been without a cost as they drove us through part of the territory you can see abandon villages and houses destroyed and even mosques destroyed in some areas we were told but what we saw really indicated a region a formerly rich region abandon to fighting and are investigateing an alleged massacre in the area of the province where villagers say dozens of unarmed men were shot dead but this celebration was really to congratulate the fighters, the religious leader and all of iraq over the victory and the head of the batter core

told them that they would now move on to embar and mosul sunni areas and told us in a conversation they already, in fact started fighting there. >> translator: there is no other area more complicated than the areas these five areas are considered the most complicated areas in iraq. we have nothing else the rest are just desert landscapes and in the desert they cannot fight. that is why i'm optimistic and by the help of god we will defeat i.s.i.l. >> reporter: emory also said that no foreign troops would be tolerated in iraq that actually means he clarified later with us boots on the ground if you will he said advisors were fine iran and american advisors as long as it was iraqis at the forefront of the fight with i.s.i.l. remains of 30 people from

the ethnic community have been discovered in a masked grave in northwest iraq and kurdish forces found bodies of men, women and children in the province and believed to have been killed by forces belonging to islamic state of iraq and lavonte and peshmerga lieutenant said some were shot and others attacked with knives and we have more from erbil. >> reporter: another masked grave was found in the sinjar area in the northwest of iraq along the syrian border. peshmerga fighters said they were clearing the area from explosives, boobie trapped explosives and they discovered this grave and reports of at least 25 bodies found believed to be from the community, men, women and children according to officials some of the bodies had gunshot wounds other people were slaughtered. now, we have to remember that

i.s.i.l. islamic state of iraq and lavonte took over the sinjar area last august and they were accused of killing hundreds of yazidis and kidnapping the women and children and the fate of the women and children is still unknown but in december the peshmerga forces with the help of u.s. coalition air strikes managed to push into the sinjar mountains and clear the area but they br -- were unable to take sinjar city where there is a fierce battle because it's such an important area for i.s.i.l. main supply line between iraq and syria crosses sinjar city and yet another masked grave and conflict in northern iraq continues and there is 1,000 kilometer front line here and the yaziti community did pay a heavy price over resent month. >> reporter: they called on the u.n. to scrap its inquiry into alleged war crimes during the

conflict in gaza in 2014. benjamin netanyahu made the call following the resignation of the head of that inquiry on monday. the canadian academic william had bend accused by israel of bias because of consulting work he had carried out for the palestinian liberation organization in 2012. >> reporter: i did a legal opinion about the international criminal court when the palestinian liberation organization was advising people on the issue of ratifying the rome statute of the international criminal court and they asked me for a legal opinion and i delivered it. it was a small consultant and i do it all the time for governments and of course what happens in the past is put aside when one is sworn in as a commissioner. i took an oath to be an independent, an impartial member of the inquiry and nothing that has been done since the commission has done its work

suggested anything to the contrary so this was something in the past and it's out there and now they are suggesting that i'm in some way behold into the palestinian liberation organization but that is not the case i'm an independent commissioner and the commission conducted its work as all have seen it work with great integrity and independence and great impartiality. >> the israel government is pleased that he has resigned as head of the u.n. inquiry into whether war crimes were committed in 50 day bombardment of the gaza strip and understand for months now they have been campaigning against him, in fact, in a statement by the prime minister today, on tuesday, benjamin netanyahu said that he was, quote, bias against israel and went on to say that the united nations should scrap the investigation altogether. this investigation began in

august shortly after that conflict between israel and hamas ended and is only a month away from being released. it's very unlikely that the u nieed eded ed nieed -- united nations will scrap the research and investigations they put into this report at this stage even though israel is demanding it, however, in the background of all of this is israel's own parallel investigation into those allegations of war crimes. we understand that the israeli government wants to release theirs before any u.n. inquiry results are released. but again at this stage it's very unlikely that the u.n. will scrap the information and indeed the investigation that they have so far and that they will release it as planned in march. more to come here at al jazeera. >> it's right for me to be free than it's right for all of them to be free. >> reporter: first interview

since being freed from an egyptian jail al jazeera journalist peter greste calls for the release of his colleagues. ♪

♪ hello again, these are the top stories here at al jazeera, the u.n.'s highest court says neither serbia or croatia committed crimes of war and both countries saying ethnic cleansing during the 1990 conflict. the iraqi government and the

leading shia malitia claiming they won by a major shia malitia and the group says it's ready to move to i.s.i.l. other strongholds including mosul. israel's prime minister called on u.n. to scrap its inquiry into alleged war crimes during the conflict in gaza in 2014 benjamin netanyahu made the comments on monday and accused by israel of being bias. in the indian kashmir officials ordered some regions to be evacuated after a landslide blocked a river, people there are worried it could lead to significant flooding. and jamil reports. >> reporter: a mogul empire said if there is heaven on earth this is it and many agree and many in the tourism industry say this season is difficult and

last year people flocks to the hills to enjoy the snow but this year there is less snow and fewer people warmer weather has not helped but hotel managers here blame september's heavy flooding from keeping tourists away even though flood waters never touched the area. >> last year we had especially this month we had a booking of 50-60 person and nowadays we have 10-15% booking. >> reporter: it's the same story throughout the region where tourism is one of the biggest economic sectors, in a city hit hard by the floods much of the roads and tourist facilities have been repaired but that hasn't helped. house boat owners only have empty rooms to show and usually half to two thirds occupied and with hardly any bookings many are worried they will not survive next season. this lake resort would normally be full of visitors and this led

to a sharp drop in tourists and had been replaced by domestic tour tourism and now that has dried up. >> reporter: the flooding covered by the media the fact kashmir is up and running has not been. >> kashmir is devastated because of floods. >> reporter: government officials say they are working on ways to increase tourism. >> reassurance plan and with the fears and business contacts and tour operators will operate from those states and go back to the rally. >> reporter: tourism operators hope the worst is to an end as kashmir is back in business visitors will return to the region and people will once again enjoy this paradise on

earth fit for an emperor. nigeria getting help from neighboring chad and cameroon to fight the group boko haram and we have more from the chad capitol capitol. >> reporter: chad forces stepping up offenses against boko haram targets in nigeria using helicopters and jet bombers and targeting villages under the control of boko haram. the last few days their target has been the town not far away from the border nigeria shares with cameroon. there have been targeting positions of the fighters from the ground and other towns inside cameroon and chad fores also cutting out strikes against positions of the boko haram fighters. there has been no independent verification of a death toll however the chad forces are

claiming they killed more than 100 boko haram fighters in the bomb ings they have been cutting out on the positions held by boko haram. the offensive by the chad forces is coming at a time when boko haram has been growing in strength and has been holding towns and villages from where they have been cutting out cross border raids inside cameroon. al jazeera journalist peter greste says he will be heading back to australia later today with his brother, in his first interview since his release he calls on the egyptian government to free the other two who remain behind bars and peter spoke to al jazeera stephanie decker about the moment he learned he was being released. >> i can't tell you how relieved i am of being free. i really didn't expect we were settling in for a period of time of months behind prison and for the retrial and so to be out now, today, with just a few minutes notice really is just

extraordinary. but i also feel incredible angst about my colleagues leaving them behind. and i know that there is mohamed fahmy and mohamed and seven other people convicted alongside us and four others that had nothing to do with our case that are serving prison sentences and so amidst all of this relief i still feel a sense of concern, a real sense of worry because if it's appropriate to me if it's right for me to be free then it's right for all of them to be free and those convicted to be free of those convictions. >> i want to ask you about that yesterday, the process for you personally how the day evolved and also how it felt for you, for example, what was the last thing you said to your colleagues how did the day play out for you, is it something expected and the emotion you

felt? >> i woke up thinking of the campaign ahead of us really feeling as though we were going to have to spend an extended stretch in prison and i went for a run and the prison warden called me over and told me you know time to pack your stuff. i said what do you mean? he said you are going. i said where, to another prison. no. no. the embassy is coming and will be here in an hour get your stuff and go. and i can't tell you that real mix of emotions boiling inside. there was a sense of relief and excitement but also real stress at having to say good-bye to my colleagues and friends and people who really have become family inside that prison. you don't spend 400 days in a box with someone without getting to know them very intimately indeed. and over that period i've gotten to know and, in fact accept both fahmy and the others as family they are my brothers.

it couldn't be any other way. fahmy is an extraordinary professional very dedicated journalist and a very passionate and very strong-willed character and the other is an extraordinary family man and if anyone has suffered is he because he has a wife and three children, one of whom was born while he was this prison. it was incredibly tough for him as someone so devoted to his family to have to be where he is knowing that he is innocent knowing that this is a huge mistake and only being able to see them on very occasional family visits and also knowing now that he is going to have to spend an indeterminate period behind bars i think he was very excited that i'm out and also concerned because we need to keep the focus on him and we

don't quite know what is going to happen from here on in. you know and in prison a daily basis the key is to stay fit physically mentally and spiritually so i made a very conscious effort to deal with all three of those things too try to keep fit, running in a limited space and keeping up an exercise program and mentally fit with study and spiritually fit with meditation and through all of that it was a way of enforcing a kind of discipline on myself and dealing with each day as it came. and hopefully not do damage. >> finally i wanted to ask you what are you looking forward to most? >> watching a few sunsets. i have not seen that at all for a very long time. watching the stars. feeling the sand under my toes.

the little things. this has been like a rebirth and you realize that it is those little beautiful moments of life that are really precious and spending time with my family of course too. that's what is important. not the big issues. >> reporter: well like peter al jazeera is also calling for the immediate release of its two staff members who are still in prison in a statement the network said the campaign to free the journalists in egypt will not end until all three have been released and greste released after 400 in detention and the other two remain behind bars and all three have to be exonerated and the convictions against our other journalists who were tried in assentsha also have to be lifted. well canadian egyptian journalist fahmy has renounced his egyptian citizenship and under the decree people convicted of crimes in egypt can

be deported and peter greste is australian and now we are hearing that canada foreign minister john has said the release of fahmy is implement and says evidence to free him were going very well but didn't elaborate as to when exactly it is expected to happen. there is no official word from the egyptian government. security increased at cairo airport after police found two bombs in the car park and also by a busy scare in the center of cairo, concern about safety is increased since the overthrow of president mohamed morsi in 2013. winners of an international music competition for young people performed at carnegie hall on monday the honorable came to a young refugee and we report. >> reporter: carnegie hall and most spend years practicing before getting a chance to play

at this concert venue, for this boy it has been just 18 months since his first piano lesson. to now be one of about 50 children chosen from thousands to perform here still it wasn't easy for a young man whose family fled syrian civil war. >> there are a lot of kids like me and my age, maybe dying because of cold or because of bombs, i don't know. and i am not very happy for that. i'm sad for that. i hope this will end soon. >> reporter: he knows he is lucky, not just to have so much talent first playing the acordian in the traditional music of his heritage. he is lucky because of his talent turkey's president gave him and his family what so many syrian refugees want citizenship. and with it the ability to work and travel. in this case to new york where judges spotted his talent.

>> musicians play and perform their pieces and they get to our heart. >> reporter: no one appreciates the accomplishments than other syrians. >> the difficulties brought him here and hopefully opportunities for other young kids in syria under those horrific circumstances to aspire to and to just find hope. >> reporter: and he knows he needs more than just luck. >> coming here and perform in this whole, it's a very big honor to me. i am happy and i'm so proud. ♪ he says he has a lot of hard work ahead to achieve his goal of being a professional musician musician.

♪ but already he has come so far. [applause] kristen with al jazeera, new york. you can find out more about his remarkable story and indeed the rest. ♪ night. hello, i'm ray suarez, you would a guessed that a lot of american schoolkids live in poverty, we have known for a long time that poverty has a lot to say about where you go to school and who is at the desk next to yours. this of the last few days a striking number emerged from the nation's classrooms, a survey from the southern education foundation reports that a majority of american public schoolchildren life in poverty. 51% of students attending public school were from low income