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tv   Inside Story  Al Jazeera  October 17, 2023 9:30am-10:01am AST

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in a world where the news never ends, understanding what's behind the headlines is more important than ever. it takes listening to the people behind the news and to the journalist for reporting their stories except intimacy that makes every international story local at heart. i'm like a blog post of the take a daily news podcast powered by the global reporting of al jazeera, find us where ever you get your broadcast. 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 would hold those responsible to accounts? this is inside stored the
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color that i'm james space, as well as 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 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 thousands of bones. these indiscriminate attacks on civilians violate 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 trade has imposed a total siege on gone. so the enclave was already on the land and sea blockade for
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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 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 the hate, the, 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 missed any formal announcement that it will step off its investigation into possible war crimes committed by it's for our or how much in 2021 the i to see
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decided that it has jurisdiction opened up to 5 palestinian territories, even though as well doesn't recognize the international criminal court. numerous cases have been filed since then, including the killing of al jazeera report to read about a claim, who was killed by his for a soul just 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, an arrest warrant against president vladimir puts 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 night for 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 geoffrey roberts and founder of that history chambers and for the president of the war crimes cooled in sierra leone jeffrey was appointed by the un as distinguished yours member on it's just as council in haifa, we have so sun, as i hear human rights lawyer, a legal advisor for the civil society coalition for emergency in our society. and in new york, we have mach 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 come doctor, will he also instruct a strong for crimes 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 law, we hit lease terms all yale international humanitarian law. l. a. c. laurel 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,
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give us the 92nd deduction. what's all the rules of will? oh, okay. the rules of rule uh, not rooms of rules. the rules of war could be with us for hundreds of years. due to civilians due to the rush to trial or execute enemies without fed try. let's all don't kill a prisoner who surrender as they agreed. rules of law for centuries in 19199 in what is called the room statue of the rules of law were porch in fairly straight forward english. they banned the taking of hostages. they banned the use of starvation as a tactic which seems to. ready long mile and guys that they protect the old tide.
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this video is unless they got mess stuck in the wall. so they of the rooms of all fairly clear, but it's pretty easy. jeffrey says to me, 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 a new 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 us. and they are not binding on its way, which of course repeat this is just sign. so they have a defect in the loo, we can say. but israel,
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for example, all russia is committing at clearly committing 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 street. i'm told that 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 the war crimes have a catch as catch can call it to you about the voter. you few capture war criminal outside. he's country that will protect him. uh 10 more crimes be
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punished. so certainly if i can't 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 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. 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 of and now and the 2005. we all know that is really in gauge at, from the stronger but is still a,
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a had obligations based on mileage because of the fact the imposed. assume here look a since a few months after ca split into 2007 and to today. so it's really hard obligations. israel is i obligated to protect civilians and it is obligated to and not to i tosh a i'm not too late to work because that is not are included incurred the style but also and as you come from the hegan regulations, which is basically the vacation long as well, and not only do and not her civilians, but also in on to and i talk a structures that give services for civilians such as electricity. walter,
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if you look at the history from especially from the since the bull is on. so is until now basically all 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 not to reach the supreme court to supply more electricity, more fuel to enable the freedom of movement. and now from a guy even to the spider. not only in the, a broad we saw the intervention, a 5, a 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, let me,
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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 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 up 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 in costa. whether those are these 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 was
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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 and is 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 international law and all parties are responsible for that,
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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. she was attacked by a mouse killed of a 1400 is riley's about a 120 captains have been taken to gaza. all these will cons. yes, it clearly they are. they are a see example of war crime is 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 them off and try it. 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 wrong on that vehicle reaction by 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, the 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 cry my 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, all who show civilian supply is too deep. civilians are law in use, a war cry, and the trends hold all civilians outside the country is also more crime. this was and they just the jeeps they have and it covers the american
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supported. they tend to be the media and also does this uh for the miles of the country buyer. so those small epic church in 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 the american must, the banks in egypt and others are attempting to persuade the user areas not to pursue it. so we haven't gone to the stage yet, but we may in 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, to retreat and into the deserts of egypt, which seems to be $1.00 of the plans 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 riley miller actually 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 a single yeah. now does that give you the view that this is probably a wall crime that they all, 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
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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 i work in the pentagon 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 widespread that the simply environment i'll 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 strive 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 pace 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 iraq, warren, 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 taken all feasible precautions to protect siblings and these are strikes and the strikes have continued. so son was jeffrey mentioned earlier on during this they lost the population of the biggest contribution with in gauze, or will that 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 war crime? i think based on the international its own or 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 examining it and the lord speak august 24 d r to most important, the 1st of all, the intense and the willing to less off is real well,
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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 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 sold our car 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 swear to in total, all the family members. so most of the incentives and when we learn about one,
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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 case. there's an example of the of a waterfront for me 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 the intends 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 the officials. which i would like to research led to. and this is, if francesca of this was the one special for tomorrow,
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the occupied territories said that the massive killing off in the sun is the thing the it should be here to bear with 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 and go to the end of 2014 the i'm going to just get jeffrey jeffrey blair go on. i don't have any evidence clear that 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 it's genocide, that's an open question. although 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, 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 them close to hold. so from ben crew, a bold hole, it may be
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a tremendous terry and car door. if mister breakthrough succeeds or may not, may be close to lose their 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 of the,
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the u. n. agency. the deals with the palestinians damaged by a stripes of those things you'd be investigating as well as well. absolutely. you 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. it's 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 that warning. so we okay, let me ring and so solve it because we've never coming to the end of our discussion . and i do want to talk about accountability because we've had already full
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previous. garza was 200829201220142021. the allegations. and what about what 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 goal, so the goal so and the other we know the boss time is sign 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,
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it should be fine. i see see investigated only all files that have been closed buttons from the a the a recent recent from a 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 investigating these. and i think about what we are seeing it today. as tom has come to act on opening the decision and a over the low price of the to a, in a sense of the especially when 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
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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, go to our facebook page, that's facebook dot com formants forward slash ha, inside story, where you can post. i have to remind myself and i love the cold tweaks on x. find us a at a j inside story for me during space and all the team here in doha. stay safe and see you soon. the last year of had to sort experience one of the worst floods in the country's history. many rural communities are still waiting for help. hundreds of people on the outskirts of the city of may have had been living under open skies for a year in last year's floods. this road behind me, those fields, the entire area that stretches in this direction was completely submerged. many of
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the homes and buildings that were destroyed are still rubble. and parts of this district have started the flood once again. the writings inspired because as 2018 grapes much of return. but when israel met the non violent protest was bluffed ship, hundreds were killed and thousands injured. in the face of such suffering kind of mind still stand by his peaceful belief. as between fire and sea. witness on a jersey to as the console escalates al jazeera things have been dec, his entire neighborhoods in gaza city wiped off the map. we're watching one of the greatest diplomatic failures and atrocities unfold in my lifetime. i don't seem like this basic premise of international humanitarian law. is it?
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what kinds by one side never justified your crimes by the city and in the gods. the street are already refugee. i know is range trying to once again makes palestinians refugees off of the look at the president and a bigger screen. i'm just driving and stay with us for the latest developments on al jazeera, the, [000:00:00;00] the alarm 0 venue. it's good to have you with us. this is the news, our life from the coming up in the program today. dozens of palestinians killed and hundreds wounded. israel bombards gauze over night and into tuesday morning. the injured of being rushed to hospital,

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