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tv   Inside Story  Al Jazeera  October 16, 2023 11:30pm-12:01am AST

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the, the challenges with the, the laws of all being preached in guns or the killing of civilians and collective punishment raises concerns as israel bones the strip. so who are home those responsible to accounts? this is inside story. the color that i'm james spaces rose devastating strikes and blockade of gaza,
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often is 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 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 tom neighborhood. so being turned to rubble of the israel dropped the thousands of bones. these indiscriminate attacks on civilians violate article 25 of the hate conventions. since the mass killed, 1300 is riley is drawing its military offensive. nearly 10 days ago. these really minute trade has imposed a total siege on gone so the enclave was already on the land at and see blockade for 16 years. palestinians and aid workers say lack of food medicine,
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fuel and basic supplies is 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 pies. but last week is rout issued an ultimatum for 1100000000 palestinians in the northern part of the enclave. to leave the homes, will go to a panel of guests in a moment. but 1st set foss and has this report from page with thousands of civilian deaths and the situation and gaza escalating calls for international justice are 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 possible war crimes committed by its route or how much. in 2021, the icpc decided that it has jurisdiction opened up to 5 palestinian territories. even though, as for al, doesn't recognize the international criminal court. numerous cases have been filed
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since then, including the killing of alpha 034 to so read about a client who was killed by us for a soldiers in 2022. but so far, no progress has been announced, let alone arrest florence issue. 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, the arrest warrant against president vladimir put in 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, you know, i guess in london we have geoffrey roberts and founder of that history chambers and for the president of the war crimes cooled in sierra leone. and jeffrey was
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appointed by the u. n. as distinguished joyce member on. it's just this 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 mont glasgow. he's military advisor, the dutch and you practice for peace. mark was in gauze during the operation costs lead to that was these ready? 12009 to investigate. the conduct of will, hills in store stops, will crumbs investigators at the institute of international criminal investigations . thank you. all of you for joining us. i want to start with you jeffrey, because the rules of little, we hit all these terms. all you have child international, humanitarian law, l a. c, laura bomb conflict. there's a locked in price just in bello. and there's that thing that everyone i think has heard all, but no one really quite understands all the details to geneva conventions. i'm going to ask you jeffrey, to start a conversation off, give us the 92nd deduction. what's all the rules of will over the rules of rule?
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uh, not rooms of rule. the rules of rule or could be with us for hundreds of be is do kill civilians. don't to do rush good trial or execute enemies without said try let's all 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 she was to. ready get them all now in gaza. they protected the old tide. this video was unless they got mess stuck in the wall. so they, uh, the rooms of all fairly clear, but the freezer, jeffrey says,
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but just to be clear of these binding on every country. and then every armed group a day of binding 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 the news cray. and they are not binding on america, which refuses to sign in the fia, the one day in american. so maybe prosecute in the hey here, and the not finding all this way. which of course repeat this is just sign. so they have a defect in the low we can say. but israel, for example, all russia is commission, clearly committing
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a. ready crime that mr. cruz is completely won clearly of aggression by invasion ukraine. the problem of taking any one to cool down the screen. um cold bed criminology and indeed that bob barry criminality. when he comes to bombings be this is limited and only if it's the condition 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 that war crimes have a catch as catch can call it to you about the voter. you few capture war criminal outside he's country will protect him. uh, 10 more crimes be punished. so certainly if i can't come to you and as we move to
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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 is the occupying power. what does that mean? this means that since 1960 savannah is really is eh, by some rules, negations, based on international a little under little patience with one of the most important on basic and relational the is basically to protect the civilians implemented distinction between civilians and now and the 2005, we all know that is really in gauge from the faster, but this is still a, a, has a big issue based on mileage because of the fact that it was
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a severe blow, a since a few months after ca splendid in 2007 to today, so it's really a big asians israel is i obligated to protect civilians it is obligated to and not to i, tosh a i know to a finally to oh, hard because the is the are included for the doctors but also and as you come from the hegan regulations, which the basically the vacation long as well. and not only do and not her civilians, but also in on to and i talked it's the structures that give services for civilians such as electricity. walter, if you look at the history from,
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especially since the fall is on, so is on to now basically all we see that these real have controlled it all these basic services. i went on a very the german levels on the supreme court and conditions in the reach the supreme court to supply more electricity, more fuel to enable the freedom of movement in the household. and so even to the spider, not only in the, a broad we saw the intervention in by the supreme court was very, very limited, which also good stuff. the, despite the end of this engagement is real still. how so meaningful obligations are based on mileage of wood? okay, let me, let me bring it in mach. now, if, if you, if you, if you make a mock,
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you have a different perspective on this you in 2009. you were in garza, you are a war crimes investigator. you are a former military officer before we talk about the specifics of what's happened in the last 10 days. how easy or difficult is you'll work from off a 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 deal. well 1st let me just open my saying that we have tax for piece are concerned with the civilian populations of both israel and costa. whether those are these realize that are currently in gaza as captives or if they're palestinian doors 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 conflicts, as we've seen. not only in the, in the israel god situation, but also looking at things such as ukraine. but it, one would think, would assist in what is this war crimes investigators. but in fact, the preponderance of this information makes it very difficult. you know,
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i love to billing cat, for example, which is an open source investigating organization in the united kingdom and also air wars, which is another entity on there that does open source investigations to try to determine whether or not civilians have been killed in consul 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 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 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
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october, the 7th. a carefully planned to day, shes attacked by a mouse, killed over 1400. these riley's about a 120 captives have been taken to gaza. all these will crimes. yes, it clearly they are. they are a see example of war crimes of killing civilians and capturing them and holding them is a speech. this is an ongoing full crime and it gives israel a right of self defense to pursue them to capture them, to put them on trial. but there are limits, obviously to that right to 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 in part the use way. the reaction that need to roll on their sickle reaction by
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jeffery when you, when you, when you, when you hear this complete siege booking only electricity and water, although they're allowing a little bit of it. so now back to itself with gauze a few full fuel food medicine, do you see that as collective punishment that is collected, pun spent in 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 and all of crucial civilian supply is deep. civilians are law in use, a war cry, and the trends hold. all civilians outside the country is also more crime. this was the major's but heaps they have and it covers the american supported. they tend to be the media and also does this
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uh photos. the mouse in the country buyer. so those small, epic children, egypt, and they back amounts to transpose you civilian population outside the state. so, yes, there are a number of crimes that are in prospects, hulu. it may be that the american, most the banks in egypt and others are attempting to persuade the user areas not to pursue it. so we haven't got to the stage yet. like we may the next couple of days of criminal behavior by way of starving. the population for h 2 pages, the population out to the retreat and into the deserts of egypt, which seems to be one of the flat mach um,
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you are clearly watching what is going on in terms of the military efforts by israel. 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 military published a statistic that's more than the number used by the us. and it's in tall backlit in against iceland, racket and 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 will 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 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
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believe that the laws about the conflict of interest in mandatory law is holding them back from their offensive operations, then perhaps it shows that they do not concern themselves as much with the protection of civilians and the stopping in sibley to harm and make sure, well, i worked in the front of god 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 officer, and also proportionally, right? so that the damage done whatever that damage may be, is not so wide spread that the simply environment weighs whatever military gain
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that you're going to get. additionally, military's also conduct what's called a collateral damage estimation, in which they try to ascertain how many civilians are going to be killed in each strive they use this beforehand. this is a comp 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 in 6 days, that's a 1000 a day. that is any relatively high number of strikes for such a tiny area in, in fact it's, it's some, you know, somebody to attend to what the us military was doing in iraq for the entire country during the rock warranty. 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 is taking all feasible precautions to protect civilians and these airstrikes on the strikes have continued. so son jeffrey mentioned earlier on during this they've
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lost the population of the biggest conservation with the 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 1100000 people initially just 24 hours to move. i mean, is this a wall trying or i think based on the international its own or it clearly is the more crime because the last 2 important things i think this time of israel's, or on the a rather than when we're examining it and the lord speak august 24 d. r. to most important. first of all, the intense i'm 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
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i promised to give to civilians. are you guys where to move? i also got results the most of the getting or is it some people like just the number on the 6000 me. 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 taught civilians one they were told to if i to way i solve the solve the problem. so when we see that there are at least $55.00 families, that square 2 in total, 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.
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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 few comes in as a other know, 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 the results you know, for shows, which i would like to research, let go. and this is in francesca. this was the one special for tomorrow. the occupied territories said that the massive killing off in the sun is the thing the it should be the here to bear with the people that were killed or was
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the total number so far, 2700. 6 in more than one month or it was 50 days, the operational and go to the end of 2014 the i'm going to just get jeffrey jeffrey blair go on in the clear the more crimes have being committed. we just see you this, that this speaks the numbers as we could see on television, children's bodies being brought out. there is no question that more crimes being committed. if each 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, if he is going into guys to release those who are being held hostage
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or jeffrey, do so jeff jeffrey. okay, well i guess it actuation or if you, if, if i may just to be clear in international law, cuz 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 on the international law or does is wrote still have an obligation to protect those people. and it's not that 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 the coast of old. so from ben crew, a bold hole, it may be a tremendous terry and car door. if mister breakthrough succeeds or may not,
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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 of, of the conduct your so with do with god to too many to tell her in principles at 8 o'clock if i could bring the box in now as it will kind investigate. so when you hear 24 health facilities, including 6 hospitals damaged, at least 23 ambulances targeted un sites 23 sites of under the, the u. n. agency. the deals with the palestinians damaged by a stripes of those things you be investigating as well as well. absolutely. you
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know, all of these issues are investigating 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 to military is 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 fire zone, right? they still have to take all the precautions that they wouldn't be taking even had they not provided the warning. so we okay, let me ring and so solve it because we never coming to the end of our 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
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will comes and all of them? no one ever went school, did they? yeah, the, sorry, don't remember so. so is this a 1000 so something go ahead please. sorry. it. yeah. well we, we, human rights organizations have a sense at 2000 since cochlan calling for investigating a wordpress. and we know all what happens with the a portion of the inquiry list. the buyers are a little phone both. so and the other half we know the boss times his son. the a rule is taxes and gave a minute to investigate only after uh, june, 20 or sorry, july 24th the so if you wanna call are investigating wordpress, it should be fine. i see, see investigated only off the call but is from the
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a the a recent recent from the year and a half ago from the a i see the house restrictions 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 investigation fees. and i think about what we are seeing it today. it's on has come to act on opening the decision on the rise 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 a mock glasgow hopefully perhaps like meet your more informed about the laws of war . if you want to see this problem. and again, it's available to watch any time on i, which is there a dot com, you got comments about the gospel or all cover, jump it,
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go to our facebook page. that's facebook dot com form its forward slash ha. inside story where you can post. i have to remind myself and i love the cold tweaks on x. find a set at a j inside story for me, jane space and all the team here in doha. stay safe and see you see the as the gas award estimate. i'll just ears, correspondence on this morning has a cold apartment, but it's cold air strikes, shells as gums rose from the seat. there's been a lot of destruction here. the village of, as is deal with a number of bodies from the south in the air to say with us for the latest development on out to 0 of the
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protection, enhancing investment climate, digital licensing, your better tomorrow the . the hello and well madison. this is the news on life from don't. how coming up in the next 60 minutes? more than a 1000 pounds, assuming children have lost their lives in garza israel continues. it's bombardment, the strength, unable to escape, they only rose out of the gaza strip into egypt remains shots. rockets continue to be fired from gaza targeting is railing, towns and cities. you are
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a secretary of state on to me, blank and continues across costs that we didn't find to find a diplomatic. right? so to use the crisis.

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