tv Inside Story Al Jazeera October 17, 2023 11:30am-12:01pm AST
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rings you in depth views and analysis. compression goes on. you continue define a study and people have the right to defend themselves from the study and people will continue struggling for them to get some advice. how simple and necessary to stand with both of the policy and send you straight. this is random. stay with us for the latest developments on al jazeera. how's the laws of war being breached in guns or the killing of civilians and collective punishment? races concerns as israel bones the strip. so who are home those responsible to accounts? this is inside story, the color that i'm james space as well as devastating strikes and blockade of gaza.
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often as a surprise attacked by a mass of light to both sides. being accused of violating international humanitarian law, or un commission, such as collecting evidence of war 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 and casa israel or violation. but israel doesn't recognize the i. c c's jurisdiction for 9 consecutive days. garza has shaken under len. this is riley strikes in thom neighborhood, so being turned to rubble of the israel dropped thousands of bottoms. 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 tre as imposed a total siege on casa the ink life was already on the land and sea blockade. for 16 years. palestinians and aid workers say lack of food, medicines,
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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 as well issued an ultimatum for 1100000000 palestinians in the northern part of the in place to leave that homes will go to a pedal 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 it's for our or how much? in 2021 the i to see decided that this has jurisdiction opened up to 5 palestinian territories. even though, as for al, doesn't recognize the international criminal court. numerous cases happens file
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since then, including the killing of al jazeera report to read about a clay 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 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 night for requests for an interview. step 5, some for inside story in the hague. that spring, 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. jeffrey was appointed by the un this distinguished jurist member on
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it's just as council in haifa. we have so son is i here, 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 military 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 instruct 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 little we hit least terms. all you have child international humanitarian law, l. a. c. laurel bomb conflict as a locked in price just in bello. and there's that thing that everyone i think has heard off, 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 90 seconds version. what's all the rules of will? oh, okay. the rules of rule. uh,
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not rooms of rule. the rules of war could be with us for hundreds of years. ringback due to civilians due to active rush to trial or execute enemies without fed try. labs all, don't kill a prisoner who surrender as they read rules of law for centuries in 19199 in what is called the room. statue of the rules of law or port in fairly straight forward english, they banned the taking of hostages. they banned the use of starvation as a tactic which she was to. ready long mile 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,
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jeffrey says, 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 had not binding on russia, which committed war 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 design. 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 war crime that mr. cruz is completely won clearly of aggression by invasion ukraine. the problem of 1881 to cool down the 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 the 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 motor. you few capture war criminal outside he's country that will protect him. uh, 10 or more crimes be punished. so certain if i can 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. that'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 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 civilians and now and the 2005. we all know that is really engage from the faster. but this is still a, it has a big issues based on mileage because of the fact the is
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a bose us to your look a since a few months after ca splendid in 2007 to today. so it's really a big issue is really, 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, oh, because that is the are included for the doctors but also, and as you know, conventions on the heck regulation, which is basically the vacation long as well and not only do and not her civilians, but also to i talk a 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 till now. basically we see that these really have controlled it all these basic services. i just went on a very, to turn the jury on levels on the supreme court and conditions in the recess race to supply more electricity, more fuel to enable the freedom of movement in the household and 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 is real still. how so minimal 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, you have
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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 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 with right 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 palestinian doors rarely that are currently under fire on either side of the. ready order, 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. 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 look to billing cat for example, which is an open source investigating organization in the united kingdom and also air wars, which is another entity out there that does open source investigations to try to determine whether or not civilians have been killed in concert 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 moss and israel, how 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 planned and 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 october, the 7th,
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a carefully planned to day, shes attacked by a mouse killed. i have a 1400 as riley's about a 120 captains have been taken to gaza. all these will crimes. 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 them off and try. uh, but they are limits, obviously too bad, 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 and it's a wrong on their physical reaction by jeffery when you, when you, when you,
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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 full fuel food medicine. do you see that as collective punishment in his collective? punish to mention itself is that the will crime is a wrong 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, 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 what was crime. this was and they just the jeeps they have and it covers the american supported. they tend to be the major. you know,
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so does this uh for the miles of the country buyer. so those small, epic children, egypt and they back amounts to transport you civilian population outside the state. so yes, there are a number of crimes that shot in prospects. ready ready we 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 in 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 mark. um,
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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 garza 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 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 war 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 are part of conflict, interaction 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 in sibley to harm and make sure, well, i work in the pedagogue during the iraq war and 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? 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 is 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 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 and 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 can to what the us military was doing in iraq for the entire country during the rock warrants 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 and 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 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 is for us or on the a router. and when we're examining it and or think 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 of the show what to destroy it,
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how to destroy the kind of i to mass, to get to see 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 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 the 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, when we read over here, the intentions of is really officials of the minister of defense on how they are
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feeling these all these are indicators and exciting. the waterfront for me was just fine because of these articles in the role stuff and they were very clearly very confident. is it other than the song the much i was thinking, the distinction, the distinction between civilians are in columbus. the fullness of the intends are. is, are much more to, to examine the, unfortunately the responses and the statements from what we see and hear together with those of you on offer shows, which i would like to research let go. and this is in francesca. this was the one special for tomorrow. i keep by 3rd 3 said the boss if killing off in the sun is the thing the, it should be the here it was 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 go to the end of 2014, the jeffrey jeffrey blair. go on. i don't have any evidence clear that war crimes have breeding commission. we just see you, there's to, to speak 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 use grad will clay, but i t t is going into guys to release those who are being held
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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 ministry 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, orders is wrong, still have an obligation to protect those people. it's not that i don't think she means in as little a deep warning. what you are doing is transporting or ordering. a by way of backing up your 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 blake didn't succeed domain, all,
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that may be crazy. so there's a way, but the force is to leave your country. and cam 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 low israel has a height to so event that is not a right a license to kill or do anything above the conduct your so with do with god to to minute terry and principles at 8 o'clock. if i could bring law can now as a 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 strikes of those things you'd be investigating as well as well. absolutely. you
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know, all of these issues like investigating took just to speak to the law on uh, the displacement of the population and, and giving effective warning article $57.00 of the $81.00 additional protocol. one of 1977 is fairly clear. it says to military is that you should give, you should get 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 bring and so solve it because we've never coming to the end about the discussion. and i do want to talk about accountability because we've had already full previous. garza was 20082009. 201220142021. the
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allegations of what comes in 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 to. 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 sold both so and i but on the other hand, we know the boss times his son the a role it started and it gave me the entire man to investigate only after uh, june 20 or sorry, july 2040. so if no one on hold for investigating wordpress, it shouldn't be by an i c c. and investigated only of the buttons from the
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in 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 investigation, these and crimes. i think about what we are seeing today as tom has come to act on opening the decision on the rise of the political 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 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 gaza will we're all covered,
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jump it, go to our facebook page. that's facebook dot com formants. forward slash a 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 soon. the as the console escalates, al jazeera brings you in debt. 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? what kinds by one side, never justifies, or crimes, part of the city and in the gaza strip are already refugee. i know is really trying to, once again, makes palestinians refugees look at the tragedy in a bigger screen. i'm just driving and stay with us for the latest developments on
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al jazeera, his 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 the jersey to imprison without trial to i'll just say, richard, unless remain behind bars in egypt. the hot wood didn't seem detained since february 2020. the drop yet a chief detained since august 2021. i'll just say it recalls for the
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immediate release of its gentlest, detained in egypt. journalism is not a crime. the more than 17 people have been killed in the overnight and early morning is really hero strikes, targeting the gaza strip, the injured including children or rushed to hospital, but they're still trapped under the rubble a waiting list. the serial venue is good to have you with this. this is elsa 0 life from the also coming up. israel targets the border area with 11 on after missed.
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