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tv   Inside Story  Al Jazeera  October 16, 2023 8:30pm-9:01pm AST

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the asking questions. how is the community off to the site? i'm hearing the facts. this is the legacy of colonialism. understanding the reality we're quoting from the section. it's a race to find people to withstand this journalism and in depth coverage to 0 is teens on the ground. bring you closer to the cost of the story. how about loss of oil being breached in guns that the killing of civilians and collective punishment raises concerns as israel bones the strip? so who will hold those responsible to attempts this is inside stored the
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color that i'm james spaces rose devastating strikes and blockade of gaza. often as a surprise attacked by how mass of let to both sides being accused of violating international humanitarian law. or you and commission says it's collecting evidence of more crimes that actually committed by israel and a mass. israel says it's observing international and all the international criminal court can launch an investigation to determine whether the casualties in casa israel or violation. but israel doesn't recognize the i. c. c's jurisdiction for 9 consecutive days. garza has shaken under relentless is riley strikes in time neighborhood. so being turned to rubble of the israel drop thousands of bones. these indiscriminate attacks on civilians violates optical 25 of the hate conventions. since the mass killed, 1300 is riley is drawing its military offensive nearly 10 days ago. these really minute treat as imposed
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a title siege on garza. the ink life was already on the land at and see blockade for 16 years. palestinians and aid workers say lack of food medicine, fuel and basic supplies has made the situation that catastrophic, under the 4th geneva convention is ro, as the occupying power is prohibited from deporting or transfer or in parts of the population from the land. they don't keep paused, but last week is rout issued an ultimatum for 1100000000 palestinians. and the northern part of the enclave. to leave that homes will go to a panel of guests in a moment, but 1st set false and has this report from the hate with thousands of civilian deaths and the situation. and guys are escalating calls for international justice. our growing and all eyes are here now on the international criminal court in the hague. but so far the h i. c. c has not met any formal announcement that it will step up its investigation into false civil war crimes committed by is for our or how much? in 2021,
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the i to see decided that the past year was fiction opening up to 5 palestinian territories. even though as for al, doesn't recognize the international criminal court. numerous cases happening file since then, including the killing of al jazeera report to read about a client who was killed by it's for a soldiers in 2022. but so far, no progress has been announced. let alone arrest warrants issued. this is in contrast with what happened after russia and say that ukraine, 5, these days later, the prosecute knows that he will start a former investigation. and since then, and arrest warrant against president vladimir putin has been issued a full blockade of gaza is considered a war crime and possible genocide, according to international law, exports. the i. c. c has the nights or requests for an interview, step 5, some for inside story in the hague. that spring,
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you know, i guess in london we have jeffrey robinson, founder of that history chambers and for the president of the war crimes cooled in sierra leone. and jeffrey was appointed by the u. n. as distinguished yours member on it's just as council in haifa. we have so son is i here, human rights lawyer, legal advisor for the civil society coalition for emergency in our society. and in new york, we have mark glasgow, he's luxury advised the dutch and you practice for peace. mark was in gauze during the operation cost led to that was these ready? $12009.00 to investigate the conductor. will he also instruct instruct crimes investigators at the institute of international criminal investigations? thank you. all of you for joining us. i want to stop with you jeffrey, because the rules of little, we hit lease terms all yale international humanitarian law. l o ac laura bomb conflict is elected phrase. just in bellow. and there's that thing that everyone i think has heard all but no one really quite understands all the details,
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the geneva conventions. i'm going to ask you jeffrey, to start a conversation off, give us the 90 seconds version. what's all the rules of will? oh, okay. the rules of rule uh, not williams of rule. the ways of war could be with us for hundreds of be is, do kill civilians don't to active rush to trial or execute enemies without fed try low or don't kill a prisoner who surrender as they agreed. rules of law for centuries in $19199.00 in what is called the room statue of the rules of law or port in fairly straightforward english. they banned the taking of hostages. they banned the use of starvation as a tactic which seems to be doing them all now in gaza. they protect that old tide.
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this video is unless they got mess stuck in the wall. so they, uh, the rooms for fairly clear, but the freezer, jeffrey says, but just to be clear of these binding on every country, and then every arms group a day of buying these on countries that signed up to the international criminal court. and that's a $123.00 countries, but they have not binding on russia, which commits world crimes every few hours a new cray. and they are not binding on america, which refuses to sign in the fia, the one day. an american soldier may be prosecuted sheet in the us and they are not binding on its way. which of course repeat this is just sign. so they have a defect in the low we can say a but israel,
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for example, or russia is committee a clearly committing a. ready crime that mr. cook, this can reach one clearly of aggression by invasion ukraine. the problem of taking any one to cool down the street. i'm told that treatment knology, and indeed that barry criminality. when he comes to bombings be this is limited. and only if mr. position or some? yeah, air force command is bomb, the a civilian residence is captured in sweden or in europe somewhere. is there any prospect of pushing them on trial so you can set it up for crimes. have a catch as catch can call it to you about the body. if you capture war criminal
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outside he's country will protect to uh, 10 more crimes be punished. so certain if i count come to you and as we move to the specific region of the world, we're talking about israel and palestine. this very, very long conflict. there's an important thing, i think, before we talked about the details, we've heard the background from jeffrey on, on the rules of pool, but is rarely seen legally as the occupying power. what does that mean? this means that since 1960 savannah is really is eh, by several occasions based on international and the patient was one of the most important on basic and relational the is basically to protect the civilians implemented distinction between civilian as um and now and the 2005, we all know that is really engage from the esther,
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but this is still a, a had obligations based on my child because of the fact the imposed a severe look a since a few months after ca splendid in 2007 until today. so it's really hard obligations. israel is i obligated to and to protect civilians and it is obligated to and not to i tosh a i'm not too late to work because that is the are included for the style. but also and as you come from the hegan regulations, which is basically the vacation on this one and not going to hurt millions, but also in on to and i talk
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a structures that give services for civilians such as electricity. walter, if you look at the history from, especially since the fall is on and on till now, basically we see that these real have controlled it all these basic services. i went on a very, to turn the german levels on the supreme court and conditions and to reach the supreme court to supply more electricity, more fuel to enable the freedom of movement and now from a god. so even to the spider, not only in the, a broad we saw the intervention is by the supreme court was very, very limited. which also itself said that despite the end of this engagement, as well, still have so many more obligations the based on mileage of wood. okay,
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let me, let me bring it in, mach. now if, if you, if you, if you make a mock, you have a different perspective on this, you a in 2009. you were in garza, you were a war crimes investigator. you're a former military officer before we talk about the specifics of what's happened in the last 10 days. how easy or difficult is your what from off of far i would assume the fact we now have social media. we have so much more video and photo evidence that helps you a great to. well 1st let me just open my saying that we have tax for piece are concerned with the civilian populations of both israel and cause a whether those are is realize that are currently in gaza as captives or if they're palestinians, or as rarely that are currently under fire on either side of the board or indeed, social media has now become a part of the conflict and complex, as we've seen. not only in the, in the israel god situation, but also looking at things such as ukraine is one would think would assist in what
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is this war crimes investigators. but in fact, the preponderance of this information makes it very difficult. you know, i look to billing cat for example, which is an open source investigating organization in the united kingdom and also air wars, which is another energy out there that does open source investigations to try to determine whether or not civilians have been killed in consulate, us and their work has been greatly complicated by this preponderance of misinformation and this information. but let's make it very clear that both of moss and israel have positive obligations under international law. did you need the conventions to protect civilians whether they are in air strikes in the way that the air effects are planning conducted? or if they are allowing palestinians to flee, to protect the palestinians on the ground within gaza. these are obligations under
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international law and all parties are responsible for that, jeffrey let me take you now to the specific events of the last 10 days. and 1st of october, the 7th. a carefully planned to day, shes attacked by a mouse, killed over 1400. is riley's about a 120 captains have been taken to gaza. all these will cons. yes. it clearly they. uh huh. they are a see example of war crimes of killing civilians and capturing them and holding them is a speech. this is an ongoing. ready crime, and the give, this is real, the right of self defense, to pursue them, to capture them, to put some of the trial. uh, but they are limits, obviously too bad, right? turn the time of an eye for an eye, a tooth for a tooth that you find in the bible is wrong. gall. that seems to be
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in part the use way. the reaction and it's a role on their physical reaction by jeffery when you, when you, when you, when you hear this complete siege blocking only electricity and water, although they're allowing a little bit of it. so now back to itself, they've gauze a few for fuel food medicine. do you see that as collective punishment in his collective? punish to mention itself is that the will crime is a war crime. i to give you the, there is a section of the room statute, which precisely defines what our attempt should start base at the end of the day is the will crime in the country involved. all crucial civilian supply is too deep. civilians are law in use of war cry and the trends hold all civilians outside the country is also more crime. this was and they just the jeeps they have
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and it covers the american supported the tim to put the, the media and also does this uh for the, with the mouse in the country buyer. so those small, epic children, egypt and they back amounts to transpose the civilian population outside the state. so yes, there are a number of crimes that are in prospects. ready ready may be that americans to bring in egypt and others are attempting to persuade the user areas not to pursue it. so we haven't got to the stage yet, but we may have the next couple of days of criminal behavior by way of starving, the population or x to pay to the population,
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out to the retreat and into the deserts of egypt, which seems to be one of the flat mock, you are clearly watching. what is going on in terms of the military efforts, bye is around you with that in 2009. this though is the deadliest, gaza bull so fall, in fact, 6000 bombs in 6 days. that's the last time the is right, the middle tree published a statistic that's more than the number used by the us, and it's in tall backlit in against iceland. rocca in syria, it's more used in 6 days and the us used enough kind of stone in the single yeah. now does that give you the view that this is probably a wall crime that they are, that they all just raining bottoms on the civilian population? well look, the obligation to protect civilians in conflict is a clear one and
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a really the mark of the professional military is its ability to protect civilians while it is conducting office of operations. and if these really defense forces believe that the laws about a conflict of interest in mandatory law is holding them back from their office of operations, then perhaps it shows that they do not concern themselves as much with the protection of civilians and the stopping. i'm simply to harm and make sure, look i, i work in the probably gone during the iraq war in 2003 and participated in many, many dozens, if not hundreds of air strikes. and you have to understand the amount of work that goes into that into planning, identifying and validating your target. once you have the target identify and you also have to conduct a legal analysis. the lawyers have to look at each individual target and determine whether you can strike it with distinction, meaning that you're going to hit a military object and not a civilian author, and also proportionally, right?
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so that the damage done whatever that damage may be, is not so wide spread that the simply environment weighs whatever military gain that you're going to get. additionally, military is also conduct what's called the collateral damage estimation, in which they try to ascertain how many civilians are going to be killed in each stripe. they use beforehand. this is i'm a cob calculus that is all put together prior to each individual strike. now when we look at the piece of operations in gaza, 6000 air strikes and 6 days, that's a 1000 a day. that isn't inc, relatively high number of strikes for such a tiny area in, in fact it's, it's some, you know, someone to attend to what the us military was doing in iraq for the entire country during the iraq war in 2003. now we're talking about a small postage stamp, so it does raise the question and concerns of whether or not these really military
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is taking all feasible precautions to protect civilians and these airstrikes and the strikes have continued. so son jeffrey mentioned earlier on during this they've lost the population of the biggest of and condensation with in gauze, or will the it is a seat huge, the densely populated all the, all of the strip. but the goal is to city on the north. 1.1000000 people initially just 24 hours to move. i mean, is this a war crime? i think based on the international norms, it clearly is the us more crime because the last 2 important things i think this time is for as long got a rather than when we're we're excited and the lord speak oldest one of the 4 d r to most important, the 1st of all,
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the intense and the willing to less off is real and what it's intended to is in charge. so then what to destroy and how to destroy what kind of i promised to give to civilians are the where to move. i also got results the most of the getting of it isn't because like just the number, the 6000. so we are talking about uh, 8 days or 9 days since october is 7. would at least 2000. so i'm hungry and it'd be killed in glasgow while more than 1000 people where women and children we saw that i talked on civilians when they were told to if i to way i saw the song about. and so when we see that there are at least $55.00 families, that square 2 in total,
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all the family members. so most of the incentives and when we learn about when, when we re here, the intentions of is really officials of the minister of the fans on how they are. do you mean these, all these are the cases in the whole world? probably more. he was just fine because of these articles in the role searches and they were very clear, they have very confident as a other. nissan, the understanding, the distinction. the distinction between civilians are in columbus. the fullness of and tens are, is, are much more to take some and unfortunately the responses and the statements from what we see and hear together with those of you on know for shows, which i would like to be sure to let go. and this is, if francesca of this was the one special for tomorrow, the occupied territories,
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said the muscular concern is the thing the, it should be, it's on the here don't, there was the people that were killed or was the total number so far? $2700.00. 6 in more than one month or it was 50 days, the operational go to the end of 2014 the i'm going to just get jeffrey jeffrey. there you go. him the clear then war crimes being committed. we just see you. there's to, to speak the numbers we could see on television, children's bodies being brought out. there is no question that more crimes being committed. if it's genocide, that's an open question. ready so low that has to be genocide, only 10, and that's difficult to prove. it could be that he's grad will, clay blatchley,
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if he is going into guys to release those who are being held hostage or jeffrey do so jeff jeffrey. okay. on the to ation order, if you, if, if i may just to be clear in international law, because i think this is important. if these ready military is about to intervene. the 6, the elderly, the children, those that comp move, israel will say they gave warning, but it does, it's on the international law or does is road still have an obligation to protect those people? and it's not just, i don't think she means and as little take deep warning. what you are doing is transporting the ordering up by way of backing up the order with guns. rock good scenario brings you uh, for a civilian population out of the country. you are forcing them postables,
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so from ben crew, a bold hole, it may be a tremendous terry and carter door. if mister breakthrough succeeds or may not, that may be close to there's a way, but the force is to leave your country and can live visit as refugees. and that's it is a war crime and many children, many people who go to connection with a mass. so a little low is rare, has a height to so event that is not a right, a license to kill or do anything out of the conduct. your so would do with god to too many to tell her in principles as well. if i could bring the option now as all kinds investigate, so when you here $24.00 health facilities including 6 hospitals, damaged, at least $23.00 ambulances targeted un sites $23.00 sites of under of the,
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the u. n. agency. the deals with the palestinians damaged by a strikes of those things you'd be investigating as well as well. absolutely. you know, all of these issues like investigating took just to speak to the law on uh, the displacement of the population and, and getting effective warning article 57 of the 81 additional protocol. one of 1977 is fairly clear. it says 2 militaries that you should give you should give warning if at all possible of use really have given warning data, in fact, given some fairly specific warnings to the population. the question is, are those realistic kind of population take them? but, but more importantly, even if israel does provide warning, it does not then make it a free fires. all right. they still have to take all the precautions that they wouldn't be taking even had they not provided that warning. so we okay, let me ring. and so solve it because we've never coming to the end of our
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discussion. and i do want to talk about accountability because we've had already full previous. garza was 200829201220142021. the allegations and what about what will comes in all of them? no one ever went cool. did they? yeah. the sorry, i don't remember so, so it's just a 1000. so something go ahead please. sorry to. yeah, well we, we, human rights organizations have a sense and 2000 persons cochlan calling for investigating a wordpress. and we know all what happens with the a portion of the inquiry list. the buyers are a both on both. so and the other time we know the 1st time assigned the a roll, it started and it gave the entire man to investigate only after uh, june, 20 or sorry,
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july 2040. so even if no one on hold for investigating wordpress, it shouldn't be by no, i see see investigated only of the buttons from the a. the a recent recent from a year and a half ago from the a i see the houses fiction to investigate were arrive and all of us the entire to keep our posting sites are included in the east jerusalem. then i guess there should be a very clear call investigating these, and i think about what we are seeing today. and tom has come to act on opening one, the decision on the low price of the political in a sense of the, especially women. and it's your sound. thank you very much. thank you very much. to all of our panels today, jeffrey robinson sounds i hear
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a mock glasgow hopefully perhaps like meet your more informed about the laws of war . if you want to see this problem again, it's available to watch any time on which is there a dot com. you got comments about the gospel or all coverage, all big go to a facebook page. that's facebook dot com form its forward slash, a inside story, or you can post. i have to remind myself another cool tweaks on x. find a set at a j inside story for me, james space and all the team here in doha. stay safe and sees the, the stories of hope and inspiration, short document to ease from around the world. that celebrates colleagues and resilience in times of the how does the rest of
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people are very scared, very stress. a lot of people are saying the country contents are a tax to bombing more south. i'm shocked by our government. i'm just care about the the hello there. i missed all is here. today and this is the news our life from to ha without continuing coverage here because of. 2 more than a 1000 palestinian children have lost their lives in gaza as israel continues its
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bombardment, the strength, unable to escape only roots out of the gaza strip into egypt, remains shots.

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