tv News Al Jazeera January 12, 2024 2:00pm-2:31pm AST
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just that the idea gave 24 hours notice to civilians in northern garza to evacuate . in fact, the idea urged civilians to evacuate to southern gaza for over 3 weeks before it started its ground operation. 3 weeks that provided tomas with advance knowledge of where and when the idea would be operating this 3 week period for temporary evacuation. as a matter of common knowledge. and the applicants, misrepresentation of this fact is the best and unfamiliarity with the events. and at worst, a desire to taylor at story to a preexisting narrative. the id as employs a range of additional measures in accordance with the obligation to take precautionary measures under international humanitarian law. for example,
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it provides effective advance warnings of attacks where circumstances permit. today the idea has dropped millions of leaflets over areas of expected attacks with instructions to evacuate and how to do so. broadcast countless messages over radio and through social media warning civilians to distance themselves from home us operations. and they over $70000.00 individuals, phone calls including the occupants of the targets warning them of intending attacks. this requires time, requires resources and intelligence and the idea invest all of these to save civilian lives. and here you can see the id as arabic, twitter account, providing information for civilians to evacuate specific areas,
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including the location of shelters nearby. yet the applicant, astonishingly claims that these efforts are in themselves genocidal. in other words, a measure intended to mitigate farm to the civilian population, sometimes exceeding the requirements of international humanitarian law is proves, according to the applicant of is rose and tends to commit genocide when in fact, it proves the exact opposite. my 3rd topic with respect to the humanitarian situation, much attention was given by south africa to the situation. despite as rose efforts to mitigate harm,
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there is no question that many civilians in garza are suffering as a result of the war that homos began. while israel is thinking, seeking to minimize civilian harm, moss is doing everything in its power to use the civilian population and civilian infrastructure for its own protection. forwarding humanitarian efforts, aimed at alleviating the distress of the civilian population. further illustration on her mazda is tactics and israel's efforts can be found in taps, $4.00 and $9.00 of the volume provided to the court. i now turn to describe just some of the humanitarian coordination efforts that israel has been engaged in. and mr. sender will further expand on this of israel maintains a dedicated military unit called co dot responsible for routine coordination with
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international organizations in gaza with respect to various humanitarian aspects. it is called at the man's and operates the crossings between as roland garza. this includes the arrows crossing through which prior to october 7, almost 20000 gardens passed through into israel daily for work south africa showed a map yesterday with the arrows crossing. mark closed. when it failed to note is that the crossing was attacked on october 7th by home us, which murdered and kidnapped cobalt staff and caused significant damage. here you can see some of that damage. never the less cold that works around the clock. just so phillips roll. it's large professional staff,
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numerous initiatives of which i will only mention a few 1st code that manages a mechanism by which it maintains an up to date picture of the needs in gaza. it does this with the u. n. other international organizations and states whose representatives fit in co gats offices, co get uses this monitoring to help donor states and organizations prioritize their 8 efforts to set the involving situation on the ground. second, co facility facilitates the entry of a into dasa israel as public state publicly stated repeatedly that there is no limit on the amount of food, water, shelter, or medical supplies that can be brought into gaza. to increase capacity, co dot has reopened the care. i'm sure long crossing as acknowledged by the
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security council and resolution to 7 to 0. despite him, us putting it under fire. israel has offered to extend operating hours at the crossing if there is a capacity to receive the goods by international organizations on the guards inside 3rd, co networks to reinforce and strengthen medical services. co got has facilitated the huge logistical challenge of establishing for field hospitals and gaza and more are being set up and to floating hospitals. it has facilitated the entry of new ambulances into gaza. and israel has even coordinated air drops of 8 over bozza by jordan, coordinating these flights with the israel air force operating and gaza. this of course is not to say that nothing more can be done for that, but there are no challenges to the humanitarian situation. mendoza,
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such challenges exist and change according to the evolving circumstances of the conflict. but it is to say that the charge of genocide in the face of these extensive efforts, frankly untenable it is an inconvenient truth for the applicants case. but one of the most significant challenges is the fact that home us, common dears, consignments into gaza and controls their distribution. guzman, residents have reported the hallmark as regularly ceiling aid at the expense of its own population for the benefit of it spiders. this is a tweet stating the fuel and medical equipment was stolen by purported hamas members from an unreal warehouse. when related deleted slater, deleted the tweet, perhaps under pressure from the authorities. and here you can see how mos commandeering in a truck. and here is another example,
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because homos for years have used a consignments to smuggle weapons, security tracks of all goods, going into guys that are required as acknowledged by international humanitarian law . moss has time and again awarded fuel, including during the current conflict which it uses for military purposes, to sustain ventilation and its expansive underground tunnel network. and for its continued attacks against is ro, never the less, in coordination with the u. n. israel enables fuel to enter dogs, all the service essentials. sure. such as sewage treatment. you certainly nation plans, water pumps, and hospitals. and cellular infrastructure for maintaining communication is ro, remains committed to helping international organizations and states involved in the
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8 effort to overcome these hurdles. and consistently increase the amount of aid and services available to the population as in gaza. as will be further described by mr . sender. here, a picture of incubators that the idea provided to. she's the hospital here, a picture of an ambulance convoys, coordinated by co got a picture of consignments, a picture of ambulances, the entry of which was coordinated by co gats. and finally, more consignments waiting to enter does not in president members of the court in the time allotted, i have been able to describe only some of israel's efforts to mitigate civilian harm and to address the humanitarian situation and gaza. but even this mere
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fraction is enough to demonstrate how 10 benches and partial the applicant's presentations of these fact is and certainly enough to conclude that the allegation of intent to commit genocide is baseless is israel had such a intent. what a delay of ground maneuver for weeks urging civilians to fix safer space and in doing so. sacrificing operational advantage. what did it invest? massive resources to provide civilians details about where to go. when to go, how to go. to leave areas of fighting. would it maintain a dedicated unit staff with experts who sol role is to facilitate aid and who continue to do so, despite having their spouse killed and kidnapped when
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a population is ruled by a terrorist organization that cares more about wiping out its neighbor, then about protecting its own civilians, there are acute challenges and protecting the civilian population. those challenges are exacerbated by the dynamic and evolving nature of intense hostilities in an urban area where the enemy exploits hospitals, shelters, and critical infrastructure is route work continuously with international organizations and states even reaching out to them on its own initiative to find solutions to these challenges if it were seeking to destroy the population. israel's efforts to mitigate the ravages of this war on civilians are the very opposite of intent to destroy them. under these circumstances, far from being the only inference that could reasonably be drawn from as well as
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powdered and conduct, i intend to commit genocide is not even a plausible inference, not in president members of the court. that concludes my statement. i thank you for your kind attention and i ask that you now invite mister, send her to the podium. i think miss ross one and i invited mr. army center to address the court. you have the floor tech met him president, members of the quote. it is an honor to appear before you today on behalf of the state of israel. it falls to me to address the condition of risk of irreparable home and urgency. this 3rd condition is of course, dependent on the 2 proceeding ones. professor shaw and miss roger one have already
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shown that the provisions relied upon by the applicant do not afford even prima facie the basis on which this court's jurisdiction could be founded. they also showed that the rights a search and by the applicant can not be regarded as plausible. it follows the referable consequences cannot in the present case because by the electorate disregard of rights under the genocide convention. again, this is not at all to say that the military and situation arising from the present armed conflict is not grave. civilians have been severely affected by the i'll still, it is instigated by how most it's systematic strategy of prosecuting war from under and within the civilian population. expose the civilians to great risk
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and it has brought about great suffering of israel has done and is doing a great deal to alleviate the suffering in very challenging circumstances. in disregard. the factual account provided by the applicant is once again, entirely one sided. the application and request run no less than $84.00 pages, but they make hardly any mention of the extraordinary efforts undertaken by israel and by a host of other states and international actors to improve the military and situation . we again heard virtually nothing from the applicant on this issue yesterday, but this is a critical factor in the request before you. as miss roger one has shown, it frustrates any attempt to establish the necessary special intent for genocide.
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it's also bears upon the 3rd condition established in your case all madame president, members of the court. we know from your case law that the power of the court to indicate provisional measures will be exercised only in exceptional circumstances. there needs to be, as you have said, a real and imminent risk that irreparable prejudice will be cost to the rights claimed before the court gives its final decision. your order in the myanmar case in which the genocide convention was also invoked suggests that the adoption and i quote of concrete measures and specifically, and recognizing and ensuring the right end of quote of the group in question to exist would mean that irreparable harm and urgency cannot be established
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to precisely such concrete measures had been taken by israel, which has been facilitating the provision of more and more humanitarian assistance for people who need throughout the guise of strip. these tips have not only been increasing so as to meet the developing situation on the ground. they are continuously undertaking specifically in order to prevent harm to the civilian population. these efforts have had an impact just last week. for example, with the assistance of the world food program. it doesn't pay, crease reopened. with the capacity to produce more than 2000000 brands a day. the world's food program has said the delivery of flower, salt, sugar and east continues so as to enable more bakeries to reopen increasing
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accessibility and affordability for thousands of families. and since the applicants mentioned yesterday, the number of trucks entering garza each day before and after the war. the accurate average number for trucks, specifically carrying food is 70 trucks. a day before the war and 109 trucks a day over the last 2 weeks. all this information may be found in your judge's folder. access to walter has also been a priority. as with food supplies, there is no restriction on the amount of water that may enter gaza. israel continues to supply its own water to gaza by 2 pipelines. it facilitates the delivery of bottled water in large quantities, ended repairs,
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and indeed expends water infrastructure that has been damaged by the fighting for an additional water pipe, bringing water into southern gaza from egypt again operating a few weeks ago. access to medical supplies and services is also growing. israel has so far facilitated the stablish, mental for field hospitals and 2 floating hospitals. the establishment of 2 more hospitals is underway. israel is facilitating the entry of medical teams into gaza as also vaccinations, including and cooperation with unicef, ill and wounded persons, are being evacuated through the rough or border crossing to egypt. the united arab emirates, turkey guitar and jordan, tents and winter equipment are being distributed as well. the constant
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delivery of fuel and cooking gas is also facilitated. according to official data, again, in your judges folders from december, the amount of fuel entering garza has doubled. and currently stands at 180000 meters a day. this is a target amount requested by the u. n. itself since 21 december, the amount of cooking guys entering gaza has also doubled. now standing at an average of 90 tons per day. details of this kind concerning the various ongoing humanitarian efforts are updated every single day on a designated english website of co get the unit in the ministry of defense in charge of monitoring the unitarian situation. when pressing needs are
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identified, solutions are soon coordinated. a great effort is indeed invested in illuminating spots on next so as to improve the entrance and distribution of aid. no standing from us, constantly stealing it as you have heard at joint operations room involving israel, egypt, the united states and the un operates daily to solve in real time logistical difficulties. israel also course with various un agencies and the i, c r c, to address their own means. on 15th december, israel decided to open its crossing at care. i'm showing them with the express intention to improve an upgrade. the delivery of humanitarian this since to
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palestinian civilians in gaza. that part of the government's decision is in your judges folder as well. this is congestion at the roof crossing and helped facilitate the provision of greater amounts of age. israel facilitates their routes as well for parents, shooting aid directly into gaza. facilitating a maritime corey door is currently being considered with other states met him, president, members of the quote. again, these are just some examples, but they show that israel no doubt meets the legal test of concrete measures aimed specifically at recognizing and ensuring the rights of the palestinian civilians and gaza to exist for it has been the daily work of numerous is rarely
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officials of various agencies to ensure that these and other steps are effectively carried out at a time when they and their families are themselves under constant attack. determination, the multilateral large scale, humanitarian effort is lacking. or the scaling up access of humanitarian relief to gaza would be of no avail. as the applicant would have you believe, should not be made likely. madam president, members of the court. 2 additional elements warrant your careful attention. they to suggest that the condition of urgency is not as easily met as the applicant would have you believe 1st, the scope and intensity over the still it ease has been decreasing. israel defense
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minister said last week that is rarely forces would be shifting from the intense maneuvering phase of the war toward and i quote, different types of special operations. this statement made in an interview to international media is found a tab 16, a of the volume submitted this week on january the spokes person for these really military confirmed that these ran the campaign had already started different position to fewer ground troops and fewer air strikes the war shifted a stage. he said, as you will see in tab 16, be of the volume is spoke of in you and less intense phase of fighting is specifically mentioned. that israel will continue to reduce the number of troops
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in gaza. 5 brigades, consisting of thousands of soldiers, have already been withdrawn from the territory. second, the un security council has only recently adopted a resolution for the specific purpose of alleviating the military and situation. by resolution $2720.00 of 22 december, which is found a tab 16 c over the volume. the council demanded the immediate and unconditional release of all hostages. as well as the delivery of humanitarian assistance at scale directly to the palestinian civilian population throughout the gaza strip. more specifically, still, the counsel requested the secretary general to appoint
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a senior coordinator in order to establish a un mechanism for accelerating the provision of humanitarian relief consignments to gaza. contrary to what we heard yesterday, this resolution does not, and i quote, remain on implemented close quote. as senior coordinator has been appointed and indeed began her work. the council remains actively seized. of the matter israel for its part is already working with the senior coordinator. and this is just this week, coordinated the entrance of a you and delegation intern northern casa, in order to evaluate the situation and match the needs for future return of palestinian civilians. a recall and disconnection that india g and c case. the court found that it was not necessary to indicate professional measures
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with a government in question, showed willingness to act in accordance with the recommendations of the security council concerning the matter before the court of these recent developments indicate that the fact as they presently exist do not call for awarding enter in relief. they also suggest that the difference between the present case and earlier cases that have come before you are very clear . finally, the lack of urgency within the meaning of the court's case law is further demonstrated by assurances provided before you today by israel's co agents. they could not be clear in stating that israel remains bound at all times
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by its international legal obligations. needless to say, this includes israel's obligations. as a state party to the genocide convention, the applicant will have this court say that it cannot take the weight of a state that would be not only unfortunate. it would also be contrary to the law on unilateral declarations of states. and surprisingly, your consistent case law suggests the assurances of the kind offered by israel may well render vindication of provision measures necessary. madam president, members of the quote, the conclusion is that the condition of irreparable prejudice and urgency cannot be much as it is israel and its citizens who would risk irreparable harm
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if the request of south africa were to be granted. madame president, distinguished members of the court. that concludes my statement. i thank you for your kind attention. and i ask that you now invite mister staker to the podium. i think mister sender and i now invite mister christopher staker. 64. you have before sir. madam president, mister vice president, members of the court. it's an honor to appear before you again and to represent the state of his room is now being addressed on why the conditions for provisional measures are not met. that thing. so there's no need to examine the 9 particular
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measures that south africa request, none the less for completeness. i will address h in turn, ensure that they terms unwarranted. in any event, they go beyond a walk is necessary to protect rights on an entering basis. and therefore, also have no link with the right sort to be protected. i stopped with the 1st and 2nd requested measures. these would require immediate suspension of israel was military operations in gaza. this request is frankly astonishing. a request is made by a state not policy to an ongoing conflict. for provisional measures, requiring unilateral suspension of military operations by one party to the conflict
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only leaving the other party free to continue a tax. which has a stated intention to do. south africa cannot argue that similar measures for granted in the russia genocide case, that case was fundamentally different. in the russia case, the galaxy of the military operation itself was an issue. by reference to the genocide convention, russia had claimed that its military operation was to prevent and punish genocide being committed in ukraine. the court found it doubtful that the genocide convention authorizes a unilateral force, you know, actual use of force in the territory of another state. and plausible the ukraine had a right not to be subjected to military operations by russia for that purpose.
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