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tv   Inside Story  Al Jazeera  January 25, 2023 3:30am-4:01am AST

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and the german anti war drama, all quiet on the western front. also in the running for best picture. in the past, it was a big deal. if a foreign language fell more international film, got nominated for best picture. and i think it's going to continue to become more of more of a thing because the academy isn't done trying to diversify its ranks to the academy, hoping that the award ceremony won't be like last year's drama field show. and that this time around the focus will only be on celebrating the films and the actors gabriel's hondo algae zeta, new york. and you can read more about the oscar nominations on a website at algebra dot com is updated throughout the day. ah, your child is there with me, sill robin in doha,
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reminder of our top stories. ukraine look set to receive advanced battle tanks from the u. s. and germany to boost its defenses against russian forces. sources of told al jazeera that washington will approve the delivery of m one abrams tanks. as soon as wednesday, ukraine's prime minister is promising great anti corruption efforts following a wave of high profile resignations, a top adviser to the president for deputy ministers and 5 regional governors left their posts on choose day. security forces in peru of 5 t garza, thousands of protest is gathered in the capital lima, the demonstrators of demanding the resignation of president in ability and new elections nearly 50 people being killed after weeks of violent protests. yeah, ma'am us our net that a what we call for a tree, we call the congress. and now i call my dear homeland for national try's to establish the dialogue tables and better still, to be able to set the agenda for each region and develop our people. chris hopkins
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has been sworn in as new zealand prime minister, the former coven. 19 response minister, replaces just. and darden following her surprise resignation last week. adrian brown has moved from wellington without doubt, chris hipkins. dean's ought to not does not really have the sort of, you know, just under our durn career summer, he's much more a sort of pragmatic politician. you might say, he'd said that he wants to focus on bread and butter issues. that indicates that he might move away from some of just hinder our turns policies. but certainly he wants to address the cost of living crisis levels form prime minister has. and deb has become the most senior official to be charged over the deadly bay route port blast in 2020, an investigation was reopened on monday after a gap of more than a year. the u. s. department of justice and 8 states are soon google for its alleged dominance of the online advertising market. the company is accused of
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maintaining a monopoly that us officials say corrupted, legitimate competition in the tech industry. prosecutors want the firms advertising business to be broken up, follow their stories on our website, dr. sarah, dot com and back with more news in half. now next on al jazeera, it's inside, sorry to stay with us. there is no channel that covers world views like we do. a scale of this camp is like nothing, everything. but we want to know how do these things affect people we revisit even when they know international headline, how does your really invest in that? and that's a privilege, as a journalist, and universal jurisdiction stop impunity. human rights group has filed a lawsuit in germany against me involve military leadership, accused of genocide, war crimes and crimes against humanity. but can this lawsuit change the situation on the ground? this is inside story. ah
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hello there and welcome to the program. i'm nora. kyle human rights group has filed a criminal complaint in germany, accusing men. mars military of genocide. a group of survivors from ethnic groups across man might have built the case. and what activists say is a show of unity that once seemed unthinkable. the trial brought by fortify rights is also accuses the military of crimes against humanity and war crimes. over its crackdown on ro hanger muslims in 20162017 security force is allegedly carried out mass rapes and murders. doing what authority is called a clearance operation. matthew smith is the head to fortify rights. he explains who the complainants are and why this case is so important. it's about half of the
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complainants in the case, survived the rank of genocide in 2016, 2017. in about half of the complainants had survived or witnessed mass atrocity crimes that occur that occurred since the crew on february 1st 2021. so it is a diverse group of people putting their faith and hope in german authorities that there may achieve some measure of justice the investigation. the international criminal court is very important, but that focuses narrowly on force. deportation is a crime against humanity against ro, hangup. so it doesn't cover the mass atrocity crimes that are unfolding on a daily basis. we're seeing massacres. village is getting burned down. people getting arrested, tortured, killed every day. and me and more. and so with regard to the case at the international court of justice in the hague, that is a case that essentially deals with disputes between states. so that is focusing
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exclusively on state responsibility for the rank of genocide. so in other words, there is no individual criminal liability that will stem from those proceedings at the i c j. the very important case, the gambia has done a great thing in bringing that case, but it is, it is very different from what we're, what we're pushing for in germany. now, it's important that we recognize that not a single perpetrator from me and mar, despite a lot of attention internationally over the years, not a single perpetrator has been held accountable for these heinous crimes. while man was ruling john to has played a long and brutal role in the country and 2016 and 17, a campaign of a trustees by the army on the muslim or hanging that hundreds of thousands thing across the border into bangladesh. world expressed outrage on the general's face charges of genocide at the international court of justice looked with also under investigation at the international criminal court. in 2016, uncle eugene was elected leader in the military's brief experiments with democracy
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ended in 2021. on the 1st of february, sushi was one of thousands arrested when the military seized back power from the civilian government, which has violent crack down against all opposition. has since united many of the country diverse ethnic groups against the military rulers. ah, well, here are guests and in london, christopher gunners, director of the men more accountability projects, also in london to be catherine lawyer and co founder of the gun and group. and joining us from a location mon not disclosing for his safety is dr. spokesman for the national, getting the government of men mar and just a note that our team has reached out to him in march genta, but we did not receive a response. so let's get the discussion going. and chris, in this case in germany, it's just one of a number that have been filed in
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a number of different countries. do you support it? because your own organization has filed a separate case in turkey, has it not? we absolutely support it to be very clear. i'm used to pull the word older. it's like 4 to 5, right? like toby's organization, get me and others who are basically closing in as best they can using all instruments, both of the legal incidents on the jump. so yes, you're right, there is a case in argentina that now this case in germany, we have a case in turkey. and just in the next day, i will be testifying to the indonesian constitutional court about the possibility of bringing a case in indonesia. and we are also in conversation with legal experts in the philippines where we think the prospect for a case of trial a very good. so we're hoping to do more work in 2023 in acton. but to be clear, we absolutely support this case with for by right, we hope that the german prosecutors will open not just a structural investigation,
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but we'll move to an actual investigation. it's not clear that they will, but we absolutely join the call by 4 people rock by rights, and i'm sure by danica and others, the more pressure we can bring on the jump to from legal work, the better you organization approach that you fuckers office in turkey, back in march. what's happened since then? well, i'm pleased to say that the chief prosecutor, it's sample has accepted a file. he has sent it off to the ministry of justice in ankara. they are very actively investigating. and the good thing about these investigations is a john to knows that being scrutinized. yes. the wheels of international law turn very slowly, but they do turn going back to the i can trial the nazi in israel own through the work of the full use flavio, which still karen did manage lots of it's actually in the hague and onto the lambda
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genocide. so i can understand that some slight cynicism behind the title of your program, the idea that you know, will be accountability. we say absolutely. that's why we're all working. there will be accountability, it will take time. and in the meantime, the johnson, which is clearly committing genocide, it's committing crimes against humanity, torture matter the most appalling airable bob and of civilian targets without any due respect for international law that relates to the protection of it is all about the note. but this works of them, notice that they are being scrutinized that being investigated. and we hope we pray that some day they will be in court and ultimately out of has happened to you just places and others. they will be banned up in prison, which is where they belong to be 2 questions or initially do these cases brig about accountability 1st and secondly, why launched them in multiple different countries. thank you. well,
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let me just support and endorse everything that chris said, and i think it is important to, to, to, to adopt a multi jurisdictional approach in cases like this. and i for one think that supports the initiative in germany. i think it is an important advance on ensure accountability and quite often we look at different jurisdictions that may be victims in, in those jurisdictions that may be suspects within the sort of the, the refugee pool. and so quite often you will look at the opportunities to present themselves just today. we've had the, the switched federal prosecutor seeking to bring charges against the gambia, national in a matter that we were involved with over the years. and so it is, it is significant and it does have an impact when you have
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a vacuum of accountability in the jurisdiction in the country where the crimes were committed, you have to the elsewhere. when there are limitations on international jurisdiction, you have to look to universal jurisdiction in order to to ensure that the victims have a voice. and that is the process which is aimed holding these individuals accountable for, for the most precious crimes. and the situation in mind, mom with the the plight of the right range which have have been subjected to as chris is quite right. they said, i policy all of genocide. then of course, you have to look at whatever opportunities you can. and germany has certainly shown itself in the last couple of years as to be appropriate for him in relation to the holdings syrian regime, tickets accountable holding isis members accountable. so germany has increasingly
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advanced as one of the countries where there is a process where accountability can be pursued, but that is happening across europe. and we shouldn't limited just one jurisdiction . but toby, do these cases not risk, undermining the work of the international court. the intentional criminal court and the international court of justice, which also have cases new investigations in to me and my underway would be that the whole, the whole practice something international criminal court is, is based on a process of complementarity. and so it, it is, it is complementary to the national jurisdiction. and quite often as again chris as, as quite rightly stated that the wheels of international justice and as, as, as, as you had said, been justice, move very slowly. sometimes you have to, you can't just rely on international accountability. and if we look at the court in particular, it has very limited resources to, to,
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to dedicate to cases of this kind. it is only going to hold accountable the most senior military leaders, military political leaders who are responsible for the genocide. and so that has to be a, a complement tree process in order to hold those potentially slightly lower down the chain of command accountable. and so just focusing and waiting for the international criminal court to conclude their investigations and, and when charges is not a sensible strategy when you're looking at a conflict or a situation such as this, dr. sasa, let's take a step and a chris, of course, lord, if we bring a dose of who i think will be interest more, i'm about to say i'm to add and build on what toby has said. the british government and over and dozens of other member states referred putin and his aggression against ukraine to the international criminal court. and if the british government,
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the pen holder at the security council in new york wanted to refer the mamma juncture, not for the security council, but file actually to the i c. c. they could do it. and groups like ours, mac and others are pushing very hard for the british government and others to do that. they've not done it and they have not given us a decent explanation of why they haven't done it. the national government ought to saucer and his exit ministers have made a declaration that they accept the jurisdiction of the court. why hasn't written? why have other member states of the rooms that governs the international clinical? why haven't they made a reference to the court justice? they had for putin and i'm showed up to suss it will have things to say about that let, it won't accept. let's bring you in at this point. why do you feel that the u. k. another you and member state haven't referred the jump turned to the international criminal court. i think it is a very pardon of firstly debt. we have to stop our this
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genocide on going on a ground in my country boma and is it clearly you gave us you an ard or international committee? has these power to stop these crime against humanity is a crucial that the country like you gay and e, u, and other international free world support and support the case of genocide, a gains the military generals in miramar support can be a case in a seizure. and referee these military to nurse in miramar into i c c. and we absolutely support and corporate, fully wit i sir. tradition and i see says tradition and also universal traditions and i think is a very orderly that will the will note that rece absolutely support is the case
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be filed against genocide or military muma in germany or to reduce and process. i think germany is the country that can understand the pain and a sufferer to people of miramar, given the nature of hibler and atrocity, have committed. the same thing is happening with genocide or military generosity. muma. if we take a step inside miramar with you for just a moment, because there are a number of human rights groups and lawyers inside the country who are cooperating with the german authorities in this case, give us a sense, give us an idea of what sort of danger they face there. are these a very poor am that the lawyer on human rights and any sensible our lawyer understand? we are talking about schumann being we are talking about parsons individuals. these
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a v themes of the military's are a mother, a father, sisters, and brothers. and he, a human being. and these military generals, dom miramar, have been caught me. think these crimes against humanity with com, clint, impunity. the must be hold accountable. and i think is a very potent dad, we bring the maximum pressure to the military and earn suction them with coordinated and targeted. and earn these, the military, we have to know the door, understand what's the artist then? action is a time for you to not know community to take action and bring justice to the survivor. and these give himself to no site. chris, what evidence is there if any, that the general's care about these cases that are bring big brought about the meet
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you said earlier that the case is closing in on them, but do you think they feel that because they're certainly still acting as if they come with impunity, there is some evidence will be anecdotal. minute line. did you know the pol pot hammer an house issued to his army to his staff? a directive i'm about 6 months ago. more address to which simply said do not cooperate with the mechanisms of international justice. so that's one, i think very clear sign that they are aware that the work that groups like cars are doing. the other thing i have an anecdotally and it said that mental lying is frightened of 2 things. first of all, the buddhist notion of commer that he might not have a good next life. and the other is criminal accountability being banged up in the hague. like other dictators of our aid. so i'm, you know, there is some evidence of that, but i think the important other thing to say about this is that the confluence of
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international, this legal work and public advocacy is very interesting because of either at the united nations general assembly, for example, which has been considering the credentials and has rejected the re credentials of the johnson unanimously. on 2 occasions it matters their that groups like anika, light map light sorted by rights of doing this work because it plays in the it to the political dynamics. and ultimately, what you need for successful prosecutions. yes, you need the legal process to be right. but what helps that enormously is a public environment in which accountability and justice actually matter. so the energy that you create around these cases actually has that effects of it's not just a question of the john to ignoring it. actually set an international mood, if you like, that these people are isolated, they're being pursued by justice. and that has knock on effects in all sorts of
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other areas. and i'm a butler, i'm not going to turn to seed to the council of despair on what universal jurisdiction can do. i and others are salute the determine that we will find justice for victims of it might take a long time, but the lesson of navea, the lesson of rwanda is the people who commit these crimes will ultimately and can alternately be held accountable. christie, let me directly onto my next question, which i was going to give to toby. i mean, this notion of justice has come up time and time again by doc sasa, by chris, can universal justice, bring victims, offense of justice in this fair in the sphere of universal jurisdiction. it's a very easy question to answer. yes, of course. and it has done in a number of respects. i mean, if we look at the, the syrian cases in germany, we look at what's now being done on the gambling case in switzerland. we look at
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what our group had done as far as the salvador, in case in spain. so there is, of course, there is, there is a history of justice being delivered to the victims. and of course, you know what one person considered to be adjust resolution is not the same for all victims. i mean, the fact that cases are being pursued and accountability is being pursued is significant. and that does have an impact whether that results in an individual ultimately being convicted and sentenced by court of law. of course, that's what we will strive for, but it is the fact that we're not forgetting what has happened and what continues to happen in mind. mom, when we look at all of the complex around the world, now attention changes. the attention of the community is very limited. and it's that we don't forget what's happened. we continue to strive. so i think
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it's, it is important for 4 or the groups involved to continue to push for accountability when the only route is presently universal jurisdiction. i mean, the thing that we have to consider as has been stated. so the, what's happening at the court justice is not individual criminal responsibility. is state responsibility for breaching convention against genocide. what's happening at the interval criminal court? obviously, we wanted to move quicker, but that is only going to look at and it kind of look at and for staple taishan, because of the fact that the, the un security council who is deadlocked in referring any situation to the internal criminal court, the only jurisdiction that they were able to, to establish was through forceful deportation from, from my mom, into neighbor, bangladesh, which is a state party to the right statute. so the limited jurisdiction of the entire
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screen record means that we have to turn to universal jurisdiction. and what is particularly encouraging is when you see groups working together, when you see fit and working together to pursue justice wherever they can find that it has significant. don't go to that. you've fled to me in my field life when the military are launched at scale on the 1st of february and 2021. you left behind family, you left behind friends who are persecuted. what does justice look like to you? well, it's totally important because just imagine the only crime i have been accused of call meeting was freedom of expression. i stand up for democracy in a freedom and humour rides in my country because of that, i'm a proud that the military charges me with high treason that carry that sentences
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for my colleagues who are not, who have been very unlucky, arrested, and executed. and we'd kill idea, common thing, the donation of crime, if one of international community in my country, mamma, at these crime against humanity we're talking about is thought the li, unacceptable. and i mean this has been there for our people, my people, 75 years. follow him go. brothers and sisters. 50. yes. how many movie games these military generosity in burma will be along to enjoy with complete paternity? because of that, just because of i said are for democracy. the are back in the not only me but my family, my mother was sick with cancer states for and she was chase about in the military.
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and he said if you live in this village will be kill and it was totally unspeakable . kane and soft free. then they have cause to my family. and now again, not only to my family now we are talking about murdered 3 paulson, you know, sent been killed in the last 24 months. more than 20 paulson in nor said people are been arrested mordred, party 5 pals, and churches, schools, hospitals, villagers, house are been bar because they talk about freedom added talk about human rights. so just this is absolutely mother's to us. and this is the international community . there can bring it just is of my people, the mars cut off all the fine us, all the way into the supply to the military. now there were end, at least stop these 1st crime against humanity. chris and the one minute that we
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have left. why have the world not taken more action? let me hear stories such that out to that as a combination of politics and racism. we've seen with ukrainians the europeans, they're white, the christian, they're not grand and not wisdoms that come from a long way away. so i think 1st of all, we have to deal with some hang up so on the whole question of mamma. and secondly, the politics, you know, if it were further up the agenda, if countries like britain, the pen holder in the security council could actually motivate, mobilized some political support in the international community. there is support there. it just needs to be mobilized. so yes, racism and politics if you deal with those 2 things, the people have ma'am, i would have had justice a long time ago. okay. well let's hope they will still set with the processes that are in place today. thank you very much to all our guests for joining us at christopher caniff, toby catman, and dr. sasa and thank you to for watching. you can see the program again any
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time by visiting our website as al jazeera dot com. and to further discussion to get our facebook page that's facebook dot com forward slash ha inside story. it also joined the conversation on twitter a handlers at ha inside story from me laura kyle and the whole team here with my friends. ah ah. a decade of change. the 1970s in the middle east and north africa in the 1st of
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