tv Inside Story Al Jazeera January 25, 2023 10:30am-11:01am AST
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we would, what's interesting is that this year we actually see big studio movies making a comeback like top gun, maverick and avatar. these are films that were released in theaters everything everywhere, all at once. not a big studio movie, but a film that opened in theaters and stayed in theaters for a long time before it. it went online. and, and, you know, these films have been successful. i wouldn't ask the door to maybe just doesn't like in m, niche films are also recognized with the dark comedy, the band. she's up in a sharon being nominated 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 fail 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 the academy, hoping that the award ceremony won't be like last year's drama field show. and that
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this time around the focus will only be on celebrating the films and the actors. gabriel's hondo outages, eda new york, ah, is al jazeera and these are the top stories for weeks ukraine has been pleading with its western allies for desperately needed battle tanks to bolster its campaign against russia. and now it appears the water country is set to receive some of the most advanced combat vehicles in the world. from the u. s. and germany. sources of told al jazeera that li, bite and administration will approve the delivery of m one abrams tanks. as soon as wednesday, but the thanks could take months or even years to reach the front lines. russia say any supply of such tanks would be a blatant provocation, but ukraine's president loaded his lensky says his country needs decisions or real deliveries. that is the reachable had awarded. there is a lot of talk about tanks,
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about modern tanks that we need and about the way this shortfall can be filled if it's a lot of efforts, words promises. but it is important not to lose sight of reality, but it is not about 5 or 10 or 15 tags. the need is larger, michigan, arab off session. the of heedless ship discussions must be concluded with decisions, decisions on real strength thing of our defense against terrorists. he israel tens of thousands of people who've been protesting for palestinian rights and against an agenda. they say is a threat to democracy. many israelis are alarmed by the new right wing far right government rescue as a searching for 10 people missing after their ship sank southwest of japan. the vessel was carrying a crew of 22 people when the captain sent out a distress call during a storm on tuesday night. security forces in peru have fire tear gas of thousands
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of anti government protests is in the capital that demanding president dina ballasa, his resignation and new elections mulatto has called for a national truce. all right, those are the headlines. the news continue, sir, now to 0 after inside story, make sure you stay with us for that we understand the differences and similarities of cultures across the world. so no matter what you see out is laura will bring you the news and current affairs that matter to you. how does in europe 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 at crackdown on wrangell 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 of 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, a diverse group of people putting their faith and hope in german authorities, that they 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 you many 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 and 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. well, man mas ruling genta 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. the world expressed outrage on the general's face charges of genocide at the international court of justice mixed with also under investigation at the international criminal court. in 2016 uncle who she was
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elected leader in the military is brief experiments with democracy ended in 2021. on the 1st of february, sushi was one of thousands arrested when the military feeds 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 man more accountability project, also in london to be captain lawyer and co founder of the gun and group. and joining us from location mon not disclosing for his safety is dr. spokesman for the national given t government of men law and just a note that our team has reached out to me and miles 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 supposed to be very clear to pull the word older. it's like 4 to 5, right? like toby's organization get mikka 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. there's 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 after. but to be clear, we absolutely support this case with 40 by right. we hope that the german
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prosecutors will open not just a structural investigation, but we'll move to an actual investigation. it's not clear that they will, but we absolutely join the call by 4 people right by right, 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 example 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 the junk 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 cared to manage lots of it's actually in the hague, along to the lambda genocide. so i could understand the sort of slight cynicism
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behind the title of your program, the idea that you know, will be accountability. we absolutely. that's why we're all working better will be accountability. it will take time. and in the meantime, the juncture which is clearly committing genocide, it's committing crimes against humanity, torture matter, the most appalling airable bobbin of civilian targets without any due respect for international law that relates to the protections 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, as has happened to you just love the places of others. they will be bound up in prison, which is where they belong to be 2 questions are initially, do these cases bring about accountability 1st and secondly, why launched them in multiple different countries?
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thank you. well, 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 support the initiative in germany. i think it, it is an important advance on ensuring 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 that 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 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 model with the, the apply to the right range of 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 holding him regime tickets accountable holding isis members accountable. so germany
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has increasingly 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 the whole, the whole practice something special criminal court is, is based on a process of complementarity. and so it, it is, it is complimentary to the national jurisdiction and quite often as again chris is as quite rightly stated that the wheels of international justice and as, as, as, as you had said, been general 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 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 compliment 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 read a chris of course, lord, if we bring a dose of who i think will be interest more amber 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 our math 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 in the nation. you to government thought 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 room statute that governs the international clinical? why haven't they made a reference to the court justice? they had 4, 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 gems her to the international criminal court. i think it is a very pardon of fastly dead. we have to stop our dessert
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genocide on going on a ground in my country boma. and as you clearly you gave you s u, an ardo international committee has these power to stop these crime against humanity is a crucial that the country like you gay and you and other international free world support and support the case of genocide against 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. sure edition. and i see says tradition and also universal traditions. and i think is a very orderly that will, the,
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will note that rece absolutely support. this is the case be filed against genocide or military muma in germany or to reduce in process. i think germany is the county . they can understand the pain and a sufferer to people of miramar, given the nature of hibler, an 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 are very poor. am that the lawyer on human rights and any sensible a 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 or she maybe n, these military generals, dom miramar, have been caught me. think these crimes against humanity with com clipped impunity. the must be hold accountable and i think is a very potent dad. we bring the maximum pressure to the military and earn sucks under with coordinated and targeted and earn these 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 mute
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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 all be anecdotal, mid on line. did you know the pol pot hammer an house issued to his army to his staff? a directive 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 men on line 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 i'm 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 anica like that, like sorted by rights of doing this work because it plays in that 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 you just navea the lesson of rwanda is the people who commit these crimes will ultimately and can alternately be held accountable. christy let me directly onto my next question, which i was going to give to toby. i mean this notion of justice have come up time and time again by doc sasa, by chris, can universal justice, bring victims a sense of justice in this fair. in this fear. of universal jurisdiction it's a very easy question to answer. yes, of course the car across 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 being done on the camera case in switzerland. well,
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we look at what our group had done as far as the salvador 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 considers 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 conflicts around the world, now attention changes. the attention of the community is very limited.
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and it's that we don't forget what happened. we continue to strive. so i think it's, it is important for, for, 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 response, been reaching convention against genocide. what's happening at the interval criminal court? obviously, we want it to be quicker, but that is only going to look at and it can only 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 monmouth, into neighbor, bangladesh, which is a state party to the right statute. so the limits of jurisdiction as inter from
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court 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 fled to me in my field life when the military are launched at k, 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 meeting was freedom of expression. i stand up for democracy in a freedom and human rights in my country because of that, i'm 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 at the a got me think the donation of crime if one of international community in my country, mamma at these crime against humanity we're talking about is totally 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 of the not only me but my family, my mother was sick with cancer states for and she was chase by the military.
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and he said, if you live in this village will be kill and it was totally unspeakable cain and a soft free. 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 send people are been arrested. more to pad the 5 posen churches. schools hosp, yours, religious house are been bomb because they talk about freedom and it talk about human rights. so just this is an absolutely mother's to us. and this is the international community. there can bring it just is of my people, the mascot of all the fine us, all the work that he's applied to the military. now there will end at least stop these 1st crime against humanity. chris and the one minute that we have left. why
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have the world not taken more action? let me hear stories such a stop to that as a combination of both politics and racism. we've seen with ukrainians that europeans, the white, the christian, the not ground, the not wisdom that comes along the way away. so i think 1st of all, we have to deal with some hang up and the whole question of mamma, and secondly, the politics. you know, if it were further up the agenda, if countries like britain depend, hold up in the school council could actually motivate and mobilize some political support in the international community. there is support that it just needs to be mobilized. so yes, racism and politics if you can deal with those 2 things, the people mamma would have had justice a long time ago. well, let's hope they will still fit with the processes that are in place today. thank you very much to all our guests for joining us, chris, to fic on this toby, catherine and dr. south them and thank you to for watching. you can see the program
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again any time by visiting our website that's al jazeera dot. com, and discussion to go to our facebook page at facebook dot com slash ha inside story . you know they're doing the conversation on twitter handle this as a inside story from me, laura kyle on the whole team here. bye for now. with ah and african stories from african perspectives, machine owns upon me, no ma mancha. now when i depicted his are with short documentary from
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