tv Invisible Threat Al Jazeera September 19, 2019 11:00pm-12:00am +03
11:00 pm
unity orders not a legal. system iran has raised the prospect of an all out war in the event of u.s. or saudi strikes that's the threat from iran's foreign minister the us takes military action following the bombing of 2 major saudi arabian oil facilities claimed by who theory rebels blamed on iran divides or leave says iran won't blink to defend its territory if it's attacked he's reiterated the denial by to her on it had any involvement in the drone strike iran's oil minister says the u.s. is using oil as a weapon to stir up conflict the u.s. secretary of state says the attack was an act of war mike pompei or arrived in the u.a.e. for talks after visiting saudi arabia's crown prince on wednesday. there were more sanctions were we we have said about a course of action to deny iran the capacity and the wealth so that they can
11:01 pm
conduct their target to prove to prevent that from conducting their terror care picked and you can see from the both of us rick there's still more work to do we're going to continue to drive towards that end. you cannot fail to see the failed policy of giving money to this regime but what happened and saudi arabia get more now from saying bus travel into iran some strong warnings from iran indicative no doubt of the iranians conviction that a strike might be a real possibility. that's exactly right sami the fact is that what iran's foreign minister what iran's president what senior leaders into iran are saying is very worrying but the fact is that this is standing policy here in tehran what they've been saying in the last few hours and days is what they've been saying for years that if there is a single attack on any iranian target by the united states or any of its allies
11:02 pm
iran will consider that as the beginning of will a war being started by the united states and its allies and that the u.s. assets in the region any of america's allies in the region will then be fair game that really is a way of putting all of the countries in the region on notice that iran takes its own security very seriously and any singular attack will be cause for retaliation it will be immediate and iran has pledged over and over again for years that it will target all u.s. assets in the region and those are many. and saying. how is the domestic discourse shaping up amidst all of the the sort of rhetoric aimed at the outside world. well that is really an excellent point the fact is when we hear from foreign minister zarif or president hassan rouhani runs a leaders' personalities on the iranian national stage and the international stage
11:03 pm
that are known to the wider world we're only hearing a small slice of what the domestic audience regularly gets to hear from lower level officials politicians as well as military commanders even commanders of the islamic revolutionary guard corps and what is said over and over again in speeches the vitriol against the united states the anger lobbed at iran's enemies and critics in the region is much louder much stronger much angrier and the reason for that is that iranian officials leaders here don't want to prepare their people just for the possibility of an imminent attack by the united states or u.s. allies in the region it also wants to prepare the country for iran's maneuvers following that attack for a counter offensive because iran knows that the u.s. military has the capacity to level entire cities that are per track that conflict with any sort of u.s. led coalition would not bode well for iran at all but iran wants its people to know that it intends on if forced to start
11:04 pm
a fight to make sure that with the military capacity it has that it changes the reality in the region that it changes both the political and physical landscape and that is the threat from iran over and over again the promise of a kind of mutually assured destruction to the region and they hope that that kind of rhetoric and that's threats that will prevent any sort of action by the united states or its friends in the neighborhood all right thanks so much. meanwhile the u.a.e. has joined an american led coalition to protect waterways in the middle east the task force was formed after tax and raids on oil tankers in the waters near oman which the u.s. has blamed on iran the u.a.e. announced its support for the coalition a day after saudi arabia did the same joining australia and the united kingdom but iraq says it will not join the force it opposes israel being part of such groups who. are. still ahead in al-jazeera the threat of u.s.
11:05 pm
sanctions dashing hopes of jordan's construction companies planning to cash in rebuilding syria broken how broken promise is 2 years on from 2 devastating earthquakes in mexico. welcome to another look at the international focus for the stanley set fair across at the moment across central and southern parts of the country some very heavy rain into the philippines meanwhile still across northern parts of the philippines luzon seen some big downpours hope across the other side of the south china seas as that warm sunshine in hong kong 32 celsius over the next couple of days and that dry weather does set to continue doing that with the shadows that we have across the good parts of me i'm up missing over towards bangladesh central western parts of
11:06 pm
india still seeing some very heavy rain at present along lot of very big downpours the monsoon rains continuing right up across maharashtra pushing up into the top of the ash for much of the dash west and get staying very disturbed as we go through friday and on into sas if anything just not think a little further north and you could watch could see some very heavy rain to the flooding set to continue here there meanwhile across the right in place that is generally fine and dry further the cloud into southern parts of vermont some spots of bright a possibility particularly on the coast up towards salada most of that 37 celsius in picking up a little speaker wants for saturday the gentle brace and pleasantly warm and sunny . peace between if you can eritrea has meant to park areas future and iraq.
11:07 pm
we have to create farmland for ourselves for iraq it's a matter of survival. a movement trying shows us how the iraq coping with life on the edge of the border. my ethiopia on al jazeera. welcome back you're watching our time to recap our headlines israeli prime minister binyamin netanyahu has called on his main rival benny gantz to join him in a unity coalition called has been ignored gantz announced plans to form
11:08 pm
a unity government with himself as leader. the u.n. has sent a team of experts to investigate the attack on 2 major saudi arabian oil facilities it comes as the u.s. and iran accuse each other of trying to start a conflict runs foreign minister says a strike against his country or by the saudis would trigger an all out war. dozens of people have died in 2 separate attacks in afghanistan and airstrike carried out by government forces with the u.s. says supporters killed at least 20 people in the eastern province earlier at least 18 people were killed and 96 wounded in a taliban suicide bomb attack near a hospital in the southern zabul province a defense ministry official says the intended target was a nearby training base for afghanistan's national intelligence agency. drive as more from kabul. a devastating bomb blast in the southern provincial capital of cal
11:09 pm
at the taliban which is claimed responsibility says it was targeting the headquarters of the n.d.s. this is the afghan intelligence service but images arriving here in kabul show that predominantly the people who seem to have been killed and injured have been civilians women children and also a number of medical personnel and doctors nurses because the building that was being targeted is right next door to the provincial hospital which has been devastated by this explosion part of the problem for the 1st responders for the rescuers has been to where to take these casualties normally they will go to the provincial hospital the very hospital which is now devastated so they are bit by having to be taken to the neighboring city of kandahar for treatment meanwhile details are emerging about a nother attack in the province of on the border with pakistan of which the details
11:10 pm
are being contested now the provincial governor's office says that this was a drone attack on an ice all hideout and that number of islamic state fighters around 20 were killed but current petering accounts say that these were civilians a local provincial councilor and also now some local government sources are saying that these were people who come to nangarhar province to harvest pine nuts and were in a field nearby to where this attack took place saying that maybe as many as 30 civilians were killed with up to 40 injured as always the truth is probably somewhere in between the 2 probably there was a targeting of an i saw hideout but it does seem as though once more civilians have been caught up in this attack. construction companies in jordan are hoping the end of the war in neighboring syria and eventually comes will be good for business but the threat of u.s. sanctions is dashing their hopes of restoring business ties broken by the 8 year
11:11 pm
long war how to reports from. cement is an essential building block for just about any construction project jordanian factories produce millions of tons of it each year but the plants here are only operating at about 50 percent capacity local demand in the building industry simply isn't there as the jordanian economy struggles so jordan's builders are looking outward hoping to reenter neighboring countries cut off by conflict. building on exporting port cities in syria will provide a huge number of job opportunities in jordan but no one can get into the city or market because of the sanctions and other obstacles. whenever the war ends in syria reconstruction should mean contracts worth hundreds of billions of dollars but with syria being an international outcasts there are few international
11:12 pm
investors willing to fund the rebuilding projects there still jordanian contractors are trying to be the 1st in line to go back in for joint investment projects. we the privacy and we cooperate with businesses anywhere and everywhere we're trying to avoid the political issues but at the end of the day we are affected by politics for jordanian firms hoping to profit from reconstruction projects in syria from rebuilding hospitals schools and other infrastructure there are considerable obstacles despite being right next door a former trade minister told us that he and other jordanian business leaders were warned by the u.s. government not to go back in syria and work or face u.s. sanctions the jordanian business association says it was briefed by u.s. officials earlier this year about the cesar syrian civilian protection act the proposed u.s. law which would sanction any non american providing construction or engineering services to the syrian government it's passed the house in washington and is up for
11:13 pm
debate in the senate where it's over that you could help in rebuilding syria so if we were not. good to see you i mean. i would say $10.00 or proposal from the savior but differently the jordan a contract and we were then happy to help in the direction of syria while intended to punish syria's government for attacks on civilians u.s. sanctions actual or threatened are crippling syria's ability to trade and rebuild and the potential for companies in jordan to make money by helping repair and rebuild their broken neighbor and or chapell al jazeera. the u.k. is given the european union technical papers that outline the changes it's seeking with the brig's deal a spokesman says they'll submit formal proposals when ready while the u.k. supreme court is holding its final day of hearings to determine whether prime
11:14 pm
minister boris johnson suspension of parliament is legal government lawyers say it's political and not for the courts to decide opponents argue the suspension is meant to impede parliament's ability to scrutinize johnson's briggs it plans. to photos have emerged of calendars from minister wearing brown face makeup both pictures date from 2001 the 1st was published in a school yearbook the other in a newsletter while justin trudeau was working as a teacher the pictures were taken at the school's annual dinner which had an arabian nights theme tradin says it was a mistake the 3rd image has since been posted online which shows him in blackface during a high school talent show and in the last hour a video is surfaced appearing to show true dressed in black face in a separate incident he's facing a tough reelection fight canadians go to the polls on october the 21st. i attended
11:15 pm
an individual gala for the being was arabian nights. dressed up in 11 costume and put makeup on. i shouldn't. i. should have known better but i didn't. and then the story. u.s. president donald trump has stripped california's authority to set its own vehicle emissions standards which is tougher than national ones is also banned on the states from setting similar rules the current law requires all to make is to build cleaner vehicles than federal requirements demand trump says the move will lower car prices and is unlikely to impact emissions california's governor disagrees the state has vowed to fight the move. 2 years since a series of devastating earthquakes hit mexico many people are still struggling to move on they say the emergency isn't over after repeated broken promises that the
11:16 pm
government would help. reports from mexico city. that she is visiting her house near the outskirts of mexico city it's the home she used to share with her husband and 3 children that he got from work. 2 years ago a massive earthquake split open the ground underneath the property due to the threat of the structure collapsing authorities told she would be relocated to a government home that new home however as well as thousands of others promised to earthquake survivors never materialized has been this has been it's exasperating to live outside your home we've organized marches matings and round tables with government representatives it's the only way we've seen any solutions but it's not enough the emergency here isn't talking about. the 2017 earthquake claimed hundreds of lives in the next in capital and the surrounding states thousands more were displaced as homes and buildings were toppled or at
11:17 pm
least severely damaged once the dust settled the mexican government announced that $800000000.00 would be set aside for reconstruction. but little is actually known about where much of that money went and transparency advocates warn the problem isn't isolated to this one natural disaster we are a very. unique country is in this is that we have a lot of europeans a lot of earthquakes and we need to be better prepared for. the mitigation and get the patient for for the last thanks to the mexican government still lacks a mechanism that tracks emergency spending this is a matter mexico's president has promised to correct. we estimate that by the end of 2019 we will have 40 percent of reconstruction finalized hoping to be completely finished by the end of next year public records show
11:18 pm
a majority of reconstruction funds were allocated toward public school buildings homes and historic monuments most of the rubble may have been cleared but there's still plenty of reconstruction to be done here in the delmarva neighborhood near the eastern end of mexico city there are still fissures in the streets places where the ground sank by nearly one meter and there are still dozens of damaged homes that have yet to be demolished. says she'll continue to pressure public officials to act but she says she knows many other earthquake survivors who have given up. mexico city. and let's take you through some of the headlines here now to c.n.n. now israeli prime minister binyamin netanyahu is calling on his main rival benny gantz to join him in a unity coalition a call that's being ignored instead gantz leader of the blue and white party has announced he plans to form a unity government within self as
11:19 pm
a leader he says the government will be for all people of israel did not mention netanyahu i mean. i am team to create a wide unity government with me as the leader we will bring a true difference and we will mean to the whole of the country the government would be comprised of and we will listen to everybody but we weren't given to any demands it will be led by me and we'll be done with justice it's been 1000 days since al jazeera journalist mahmud hussein was detained by egypt he's accused of defaming the state and spreading false news he's yet to be charged or face a trial though. the un has sent a team of experts to investigate the attacks on 2 saudi arabian oil facilities it comes as the u.s. and iran accuse each other of trying to start a conflict iran's foreign minister says a strike against his country or by the saudis trigger an all out war meanwhile the
11:20 pm
u.s. secretary of state described the attack as an act of war there will be more sanctions were we we have set about a course of action to deny iran the capacity and the wealth so that they can conduct their tears to prevent that from conducting their terror care picked and you can see from the events of last week there's still more work to do we're going to continue to drive towards that end. you cannot fail to see the failed policy of giving money to this regime but what happened in saudi arabia dozens of people have died in 2 separate attacks in afghanistan and our strike carried out by government forces with u.s. air support has killed at least 20 people in the eastern province earlier at least 18 people were killed and 96 injured in a taliban suicide bomb attack in southern province those are your headlines the news continues after this stream to stay with us here on al-jazeera.
11:21 pm
a team of chinese scientists be barred from a caring deep sea fishing forever. the one who want to use for abuse charges under with. 0. taking the climate change fight to the courts what is destroying the environment was considered a crime against humanity i for me ok i'm really could be alive and here in the stream as we continue our week of shows in association with the covering climate now initiatives join us in our live you tube chat or on twitter. parts of the amazon rain forest glossy is in the arctic melting and governments are
11:22 pm
failing to take meaningful steps to curb climate change as the crisis grows more diet some activists are hoping to force the hand of companies and officials by suing them into environmental compliance where than 1300 climate related lawsuits in 28 countries are currently working their way through the courts some plaintiffs are seeking money to cover damages from hurricanes and other disasters others are fighting to protect natural habitats and a few groups one environmental harm to be declared an international crime alongside offenses such as genocide. in the past courts have swiftly dismissed such cases saying judges should not legislate from the bench critics also argue that climate change is a global problem and not the fault of any particular group about as public opinion shifts on this issue the tide may be starting to turn so joining us to discuss this is joe joe metz out from strood in the united kingdom joe is the director of ecological defense integrity and co-founder of stop eco side change the law we also
11:23 pm
have where there's. an expert on climate litigation is a lecturer in law at the university of brighton in the u.k. and finally we have many pods and i'm jane up from. india she's an independent journalist who covers international environment issues welcome to the stream everyone i want to get started with our community so we need people watching the show and already simming in their thoughts from the get go because this is a topic that takes a lot of interest so this is a comment we got from dr amanda cabrero she's a legal officer at the u.n. environmental program and here's what she told the stream we are following close on to come to difficult site but also want to remind everybody that there is no need to wait for laws in order to have a strong legal action against environmental crimes most countries all really have. to fight and violence of crimes what's been happening as being pretty free of
11:24 pm
predicting his environment but what's missing. is a proper enforcement working to engage police makers to raise those issues on the political agenda. all of the public and civil society is also essential to really make this collective shift that we need. so george i'll give that one to you is there are the laws on the books as she mentioned they just need and forcing what then would equal side tools do what they accomplish so it's actually the enforcement aspect that i would really hone in on there she's absolutely right that there are plenty of environmental laws but they don't have the strength of criminal law criminal law draws a line that civil law is simply can't do a criminal law is what our 1st what culture if you like uses to define what's acceptable and not acceptable in that sense you know you wouldn't apply for
11:25 pm
a permit to your government to use for a business that's going to kill people because there's a deep moral acceptance that killing people is wrong but we don't yet have that about the way that we treat nature and if we were to actually criminalize damage to nature we would start seeing that moral acknowledgment come through and of course the enforcement because you see individual criminal responsibility if you talk about. a criminal act like murder every knows what that aids but he talk about eco sideman it happen in the context of india give us a few examples of what that could be considered to be to your environment well it course aid that is already going where it got the forest or of borders and then you're leaving or treated water into all of what the body is in new york dumping waste which but you that when you think too much for clothes or
11:26 pm
all of that those are the most sorry. but a number of them are going laws but the government is the lowest offender is until let's say the municipal is the one who leaves the most untreated resistant but what about these and industries come next well when the lady told me remember when she said we need to. make policy makers aware that it's absolutely right and it's not that the policy makers are not completely unaware they're not but for example in the news piece and mining many of those who shows a lot of it about that except that there's a logical disaster in the making but often before the station the said ok done the deliberately so that the industry script land
11:27 pm
say if it's difficult it is because as the finger of blame is in for you as it is obviously it's it's the indian government has responsibility to take i'm going to spring into the conversation here by a young man who needs and buying he is one of a number of young alaskans who are suing the u.s. government because of the impact of climate change haven't listened to have why he explained this and how he explains this in apocalypse earlier this year let's have a look. i remember very distinctly asking the question help me understand what's behind your need to do this and i said you know mom i have used every avenue of civics that i can think of that i can use i have lobbied i have organized i have written i have marched and when young people have been not given the seat at the table that is quite literally determining the future that they will inherit and
11:28 pm
it's being entirely determined by you know people in power no matter their intentions or how good their intentions might be they do not have to be here to experience the consequences of the planet that they leave us. just wondering if the law is as a novel toer of climate action if you're saying that's happening more and more and more citizens out there lot of enough with it we'll go into the courts what do you make of that. so i think it. you know that comment or hit rather that plaintiff hit the nail on the head because what he was trying to distill there was the idea that we've exhausted legislative avenues we've exhausted lobbying avenues and it's not just in the united states this is true in the european union as well and one of the only things we have left and it's a source of political forcing that has a lot of moral power is the law. we wouldn't be doing it if you could just go to your state legislature and make changes through normal
11:29 pm
mechanisms so i think he is precisely right on that in terms of eco side i think it's really interesting to think about what that 1st commenter said about the number of laws on the books of course we have a lot of laws on the books in some countries criminal laws that might help us fight environmental harm but it's jo-jo mentioned one of the biggest issues we have is that most of our environmental laws are premised on the permitted destruction of the environment they're premised on wastewater discharges they're premised on allowing polluters to do things in certain permissible amounts and so while we do have lots of laws on the books that could help us fight climate change a lot of the structure of environmental law also operates against preventing harm and i think that's something that's quite easy to miss. so i want to bring this in picking up on what you said that this is one person on twitter who says this isn't the way it should be done this is what should happen c.e.o.'s and government ministers would be held personally criminally responsible for any eco side that
11:30 pm
they cause for happen under their watch best this is unnecessary and powerful steer for how we treat the planet we love and live on so they're talking about c.e.o.'s and government ministers and i'm wondering if you think that is who is responsible are we talking about the heads of chevron and b.p. or are we talking about governments because for you you were part of a lawsuit against the u.k. government. so i think what's crucial about this is there's no one solution in the realm of public law or in the long run a private law it's not the responsibility lies squarely with the state we're squarely with a set of corporate members. you need a combination of both kinds of liability and but at least potential liability because otherwise you're going to have shifting of the blame around you'll find a government liable for something and have them shift a lot of the onus on to the private sector and what you really need is a rigid regime that allows you in the appropriate amounts to find liability on both kinds of actors so we have this conversation here it's quite clear where the tests
11:31 pm
are coming from not clear how would you get this done so stop ecocide is a judge i belongs to and they kind of laid it out in a couple of seconds have a law is like a pyramid soft law like the paris agreement is on in forcible it cannot protect us civil law where we find most environmental regulation also does not protect us suing companies is expensive and difficult corporations simply budget for it and continue to pollute only criminal law can stop the harm 124 states are parties to their own statute the governing document for international criminal law any signatory head of state can propose an amendment when 2 thirds of states sign up it becomes law there is no veto no time limit and all state parties however small would have an equal vote this is the legal fastlane
11:32 pm
. so looking at that it makes wonderful sense if you really cared about the earth but as a major corporation as a government why would it be in their interests to sign up for an international law that would actually question their judgment many of have explained how many instances just an injury alone where the government was responsible for the terrible things that were happening to the environment allegedly i should say i think what we're dealing with here is the huge disconnect between the economic structures by which we live and the reality of how we depend on the world around us we're not ultimately here we're not fighting climate change light the anyone trying to fight on negotiate with a hurricane what we're fighting is a mindset what we're you know if there's a struggle here it's between a way of looking at the world that treats the earth as an infinite resource which we already know categorically that it's not. and which treats economic growth as
11:33 pm
some kind of you know happiness in itself that we should all aspire to when you know the simple logic of the situation doesn't follow that path and you know we lost touch with the reality that we depend absolutely upon the nature the land the planet on which we live and from which we get all our resources all of food and everything and so you know what we're really looking at here is is a mindset and actually when we change when we approach. the idea of making eco such an atrocity crime we're putting it there on a level with we're basically saying if you destroy the environment it's like continue no it's like committing a massacre and you need to take responsibility for that and so you know when you say you know we're criticizing. the way that governments operate yes but that's actually fundamentally what's going on and that's what the entire global climate
11:34 pm
mobilization everyone from extinction rebellion to grettir to the youth strikes you know everybody is beginning to realize that that is what we actually are dealing with. so i want to bring this home from you tube someone says that it is overdue this conversation is overdue to stop those responsible for creating pollutants to enter the environment to then be held legally accountable but there are ideas among our community members on why it might be overdue want to bring in a bid e.o. commentor a barrister and a solicitor benjamin and he explains this is really all about the money the main challenge as i see it that faces those of us who want to criminalize the destruction of the global human life support system is that the very people who are responsible for writing laws are in this case also the people responsible for the 2 that the that we are seeking to criminalize every government in the west subscribes to neo liberalism the liberalism prioritizes corporate profits above everything
11:35 pm
else in the world corporations profit mostly in one way by destroying the human life support system we're asking government ministers to write legislation that would criminalize their own conduct we're asking criminals to prosecute themselves they're reluctant to do that it's an absurd situation. many of it is absurd and the way he lays it out there what what do you make about yes i think and you know i would like to say that the near special event so should we be coming in and start i think a pretty big girl in. and i also would like to see that was the culprit in india we have all girl court rules them. when people wake up on the say ah. and i'll hand in glove with the destroyers that . get them that that's part of the forest for ivan and the law but.
11:36 pm
what does and what does the little that all the farthest the law get the harmless although there they become my parents and lead over to the boys that the license so yes you can leave it that but public opinion then i think is. important follow stories put pressure on the people who elect. the people above all to listen to the public i would agree with with menopause my absolutely about the power of public opinion making a difference and i would also say that the reason that our campaign focuses on the international criminal court is it's one of the few if not the only global legal forum where the small states which have the absolute strongest incentive to take 4 with this little have as much voice as the policing the big guys if you like so we're working with pacific small island states who are already suffering at the
11:37 pm
sharp end of climate change that already going underwater they're already suffering a huge additional number of severe weather events per year which have a massive impact and so they actually do have an incentive as states to take forward allure of this kind and so it's not completely hopeless this idea that potentially you know you're asking the criminals to regulate themselves what you're actually looking for is you know all those small states that have the courage to move this forward because once that happens once somebody has the courage to propose this we have a huge civil movement here that will then have a huge lever for their own governments and when you look at. of course. you know what i think what benjamin pointed out is incredibly important and it goes to that deep structure of the law being promulgated by those who have been really complicit environment environmental destruction. however we do have a lot of stories about the last transport of potential through piecemeal
11:38 pm
improvements like the clean water act in the united states like the water framework directive in the european union town you know the name water act in the united states some of it's they roll back just recently. and they said at that's just the beginning we're going to rope some more back so that if it was a criminal offense maybe that law would stick. yeah i think that's absolutely true and i think i'm interrupting the you know a little bit as i shouldn't really be doing that but i just want to push back a little bit because in united states if you cite that as an example just recently just in the last 2 weeks some of the clean water act has has as we roll back let me put this to you i want to put this case to you and i'm going to do it via some extreme weather video from pakistan so i want to show you some flooding and i want to put this case to you it was a successful case of ask the guy he is a farmer in the south punjab breed in region of pakistan he took his own government
11:39 pm
to court to say that they were threatening his livelihood his life because of climate change because. water and food and energy or if that was in secure. i and he won the case which is interesting because how do you say that your government is responsible for something that is happening around you that it's very hard to say what the flooding what is your fault of the food insecurity that is short for how do you do that kate o'beirne. so the meat of the le garri case boils down to a piece of executive policy the national climate change policy in pakistan which is a whole suite of administrative measures meant to combat climate change now it goes back to something i think our 1st commenter mentioned which is that we have a huge enforcement gap and where the gari succeeded was in arguing that undue delay . in terms of enforcing this executive policy was unlawful that you are not allowed as a government to simply sit around and pledge this sort of poultry political
11:40 pm
commitment and not do anything about it so it's a real success story there and i think it plays on a history of enforcement litigation where environmental litigators and of course it's worth pointing out that look ari was not just a farmer he was also a law student yet he had the power of narrative on his side as well. and i think that's an important current of litigation but there's something else you know looking in the footnotes of legal history in terms of eco side means we can go a step further than simply these sorts of environmental enforcement cases and that's the fact that we did within the rome statute have something called article $26.00 in the ninety's during the draft and then just remind everybody the rome statute. the rome statute is what creates the international criminal court. and what during its drafting stage it was actually a provision on eco side that was essentially included and not only was it included one of the salient debates was not whether eco sidings was something that should
11:41 pm
become actionable but rather how we deal with the intent element of eco side and delegates from belgium i mean the early ninety's yeah absolutely yeah. you're absolutely right because there's a difference here with the other returned from from other atrocity crimes and if you're going to commit if you're going to go to war on somebody effectively you kind of have to have the intent to go to war on somebody whether whereas with. what we are really looking at is a situation of what we might call in u.k. a little recklessness in other words you're committing an act where you're intending to commit the act but you're not necessarily expressly intending to committee decide but on the intent side of things what we're looking at is knowledge of the fact that you should have known that your act with going to lead to eco thought i'd said in that way yes that is a little different and and i think that that would actually be the the premise on
11:42 pm
which it would be included as an atrocity crime would be as a crime of recklessness or negligent 50 like of ignoring the knowledge that you should have had so judge i don't care point i take your point there but i want to raise it with another point with another legal mind in fact this is donald he's a law professor and here is his state. bunn change is real and it should be addressed but the courts are not the appropriate forum for finding relief from it the facts are funding its abatement our constitutional separation of powers commits policy making decisions to the legislature and elected branches now the courts creating retroactive criminal or civil liability furthermore from a comparative institutional competency perspective the electronics are simply better at this task they're capable of taking in evidence making perspective rules weighing competing composing considerations having public participation having rigorous transparent and open debate the courts can do none of this furthermore the legislators can be held accountable if they get it wrong court's going on. so does your he says the courts aren't the best place for this what would you say back to
11:43 pm
him. i would say that actually it's not the court that make these decisions if you are going to if you are going to add he confided to the rams that that wouldn't be the court deciding to do that that would be the heads of state and their dedication and presumably influenced by their electorate and they would be the ones that were would be debating this and ultimately putting it into international law or it's not the court itself that the that if i could jump in there. you know that's a really interesting proper sori alexis uses but i think the fundamental issue with it is no one is saying the courts are an official solution no one is saying that in light of what we know about political administration across jurisdictions that somehow the quickest or best way to solve any of the harms that come about as a result of climate change is through judicial system i don't know anyone who takes that proposition terribly seriously but it's a mechanism of last resort because our more efficient mechanisms of not your worked
11:44 pm
when we're running out of time are you get i'm going to ask you this not to put you all on the spot but a good spot if you could take if we actually had an international criminal law a home again so environment what would be the 1st case that you would take this is a sentence really. go ahead what would be the 1st case for you where in the world do you think we need this international are right the 1st case one thing that was is what people want in india i think the polish should be actually. what should may the family sees of men father listen ok all right what will you be using this international criminal law if it comes into being i won't be terribly original here i will wholly agree farmers in the global south absolutely are right and you copy that but that's ok jo-jo what would you be using the ecocide international control for when if it comes into being. you know what i'm going to slightly sidestep that because i mean there are many that i could name all right but i think the real
11:45 pm
power of this is that once you actually see it appearing over the horizon you know with once you get to the point where a state is prepared to say we believe this is an atrocity crime you're actually going to start to see a transition period you're going to change in people's you know moral conception so ideally in my ideal world i would see nobody in the dock because of the time we have acted because by time it actually got ratified by everybody people the practices would have changed so much that you actually would have stopped the hall which is the ultimate intention judge i thank you so much for that. we will end the conversation thank you judge i thank you kate and thank you for helping us understand this idea about holding ourselves accountable and our major companies and also governments for criminal law a coverage of the climate crisis continues on the next episode of the strain is the climate apocalypse upon us or is there still time we will find out on thursday thanks for scaring us which i can i was seeing you next time.
11:46 pm
there is a huge group of people at work behind our screens and the power they have is massive that urge to keep swiping through your twitter feed that's just not the way we all click i agree to the terms and conditions that's most of us never even give it a 2nd thought and actually that's designed as well ali really explore is how designers are manipulating our behavior in the final episode all hail the algorithm. and this law is the most incredible stories are often 2.
11:47 pm
trillion dollar experiences. makes the on from your from your. in this life diversity makes a difference understanding the importance of being part of something much greater than ourselves and this laurie what i want to raise is freedom of expression. the right to more. showing and to march into the dark. because you dislike. the design. the human condition is universal. al-jazeera world meets 2 arab with roots in the middle east both build successful
11:48 pm
lawyers of rule over the last 5 years i've achieved a great deal of partnership with the country's leading pharmacies but never forgot where they came from. to try to put forward a different place than the stereotypical image of muslim women arabs aboard the businesswoman of the council on al-jazeera. al-jazeera. planned for the back to go this is a news hour live from our headquarters in doha coming up in the next 60 minutes breaking news this hour tenacious former president dean ellaby dean ben ali has died in exile in saudi arabia after
11:49 pm
a long battle with illness. and the. team to create a white unity government with me is the leader of israel centrist party leader benny gantz says he will lead a unity government and not his wife will benyamin netanyahu. also this hour warning from iran to the u.s. if there is military action based on the bombing of saudi oil facilities expect an all out war and 1000 days in detention al jazeera journalist model saini still in prison in egypt. rugby captain says his team is ready to inspire the nation the country is hosting the world cup for the 1st toward a play russia in the tournament are. thank you very much for joining us breaking news this hour on al-jazeera tunisia's
11:50 pm
former president ben ali has died he was inside eurabia where he'd been living in exile since the 2011 revolution ben ali had been in intensive care for 3 months sharon saga for takes a look back at his life and legacy. he was swept from power by a wave of popular protests. i mean tunisia saudi arabia a former military man and diplomat. ben ali took the presidency in 1987 with a bloodless coup unseating the country's 1st post colonial president in every election since he was returned to power with enormous majorities his opponents said the votes were rigged human rights groups described his government as authoritarian and undemocratic cracking down on any attempts at press freedom and handing out jobs and favors to a select band of supporters. ultimately protests over unemployment brought the
11:51 pm
people out of the streets demanding change. to me just economy looked relatively strong when the uprising began it was ranked 1st in africa the competitiveness. but accused of running a corrupt police state with money concentrated in the hands of a few powerful families including his own most and asians felt excluded under ben ali tunisia pursued a pro western foreign policy meant taining strong ties to former colonial master france and the us but as his regime crumbled france abandoned him refusing him entry as he fled the country saudi arabia offered him refuge in his final days but he will always be remembered as the president who was forced from office by an uprising of popular protest. for 0 unless now
11:52 pm
speak to leo seabird who's the tunisia country manager for the united states institute of peace his via skype from tunis thank you so much for speaking to us this happened while news of it at least came out about an hour or so ago what do you think tunisians will be how will they be reacting to news of ben ali's death. sure this is very much breaking news we are also on the ground here in tunisia just started hearing about it in the last hour when tunisia media began reporting the story. tunisians themselves if this most recent election on sunday is any indication have moved on from the banner of the regime the candidate who was campaigning kind of on a wave of nostalgia for the better of the regime only received i think less than 5 percent of the vote so if this is an indication it is that tunisia has barely moved again to. democracy in 2 multi-party politics and that
11:53 pm
this is the end of the death of battle is bells kind of going to end for tara c. in tunisia the timing certainly is quite significant and in some interesting coming just a few days after the 2nd election since the 2011 revolution but the road to democracy for tunisia hasn't been easy since 20 left and what legacy what you know what does he leave behind me what will people remember him for. absolutely i mean i think people are remembering about ollie's a legacy on a daily basis because the conditions under his governments that led to the uprising in 2011 have not changed and that is due in part to the long institutional intense legacy of his rule in which the economy crumbled state institutions were not responsive to citizens security forces abused their power in many instances so
11:54 pm
all of these challenges remain today as tunisia continues to climb its way out of that legacy and into a democratic future here and to nation courts had condemned in absentia to several prison sentences including life turns for abuse of power graft as well as involuntary homicide he has died now and none of these crimes are going to be answered for how will people be reacting to that i think. transitional justice has been a fascinating topic in tunisia there are millions who have been very thirsty for transitional justice there was as you mentioned there were court cases against about all the against members of his family many were tried in absentia the after the revolution and the transition process the constitution mandated
11:55 pm
a truth and dignity commission to investigate crimes of the old regime goes back anomic and violent abuses security abuses by and large that process has met limited results and it was a very controversial process as this transition has moved forward many elements of the old regime continue to govern continue to be done part of this governing process because they have the capacity they have the ability to govern slip in the been brought back into government and what that has meant for better or for worse is that much of the transitional justice that many tunisians have demanded has not been met thank you so much for speaking to. the u.s. peace institute talking to us about tunisia and president ben ali who has died in saudi arabia at the age of 83 thank you very much.
11:56 pm
oh oh. prime minister benjamin netanyahu was bid to lead a unity government with his election rival benny gantz has fallen flat it's now made the coalition offer with a blue and white party lead on thursday after admitting that forming a right wing alliance would be impossible. to work with. jury in campaigning i called for creating a rightwing government but unfortunately the results of the election showed that will not be possible the people did not fully decide between the 2 blocs now i call on you benny gantz we have to create a wide based unity government today the people expect from us from both of us to be responsible to cooperate that's why i'm calling on you binny let's meet today any time to ignite this move but dance has ruled out a unity government led by and it's now the centrist leaders says he should be prime minister. i am team to create
11:57 pm
a wide unity government with me as the leader we will bring a true difference and we will mean to the whole of the country the government would be comprised of and we will listen to everybody but we weren't given to any demands it will be led by me and will be done with justice now the deadlock between israel's 2 largest parties has raised the prospect of an unprecedented 3rd election if neither side can form a government that's been in algiers harry fawcett in west jerusalem for is so hairy what are we to read from benny gantz his statement he's not interested in a coalition with netanyahu or is a coalition with likud without netanyahu is still possible. well yes pretty much everything is possible at the very beginning of what's likely to be a very bumpy and bruising and unpredictable path towards a potential coalition but certainly the messages from the 2 are very divergent that netanyahu is making this appeal saying here i am i'm going to be the magnanimous
11:58 pm
one and i urge everybody to get together as quickly as possible let's talk today let's move this forward today and get this national unity government that the people of israel appear to have called for it regretfully because he of course wanted a right wing coalition government excluding the likes of benny gantz is blue and white but from the blue in my perspective netanyahu is not just coming by himself and saying that he wants to lead this government he's also bringing with him a package deal of 3 other right wing and religious parties with whom he signed a pact saying that they will not negotiate separately that they come as as one cohesive unit gantz is saying that that isn't how a proper serious statesman like negotiation takes place the image he tried to produce project was that he was really above this kind of play from netanyahu he wanted to show that he was now clearly the leader of the biggest party the latest
11:59 pm
figures have him at 33 seats as opposed to who knows the could with 31 and he really didn't mention netanyahu by name just sort of brushing aside this idea that netanyahu had come with but his other left tenants in the blue and white alliance the likes of you peed and moshe ya'alon they were much more stringent they mention netanyahu by name they said that he was the obstacle to creating the kind of national unity government he was talking about moshe ya'alon in particular said it was time for him to step aside. if it were joe hart who was indicted on criminal charges and 3 separate corruption cases he failed to form a coalition to dissolve the government despite objections the people of israel paid a heavy price by going to the belts again and the lack of stability which is made it difficult for the country to function normally all of this because netanyahu does what he wants even after the elections he did not want to broad unified government attend to the other parties because it won't work with him
12:00 am
now for all this there was a handshake between guns and netanyahu today it came at a memorial service for the former president the former prime minister of israel shimon peres it was choreographed by the current president riven rivlin he appealed to them both to get together and to try and form a national unity government netanyahu at this event talked about how peres had served in a rotational prime minister arrangement with his great rival in the 1980 s. it's actually meir clearly hinting that he wanted to see something similar to that happen this time around he said he was disappointed later on in the day that guns had not taken him up on his offer but there are those on the opposition side that see this is not in in good in good faith at all that netanyahu is trying to frame dance essentially as the one to blame if and when coalition talks fail entirely don't forget that not.
44 Views
Uploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=1937167971)