tv France 24 LINKTV January 26, 2023 5:30am-6:01am PST
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a reminder of our top stories -- ukraine looks set to receive advanced battle tanks from the u.s. and germany to boost its defenses against russian forces. sources have told al jazeera washington will approve the delivery of m1 abrams tanks as soon as wednesday. ukraine's prime minister is promising greater anticorruption efforts following a wave of high-profile resignations. for deputy ministers and five regional governors left their post on tuesday.
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security forces in peru fired tear gas at housings of protesters gathered in the capital. the demonstrators are demanding the resignation of the president and new elections. nearly 50 people have been killed after weeks of violent protests. >> we call for a truce. we call the congress and now i, my dear homeland for a national truce to establish the dialogue tables and, better still, to be able to set the agenda for each region. anchor: chris higgins has been sworn in as the new zealand premise or. he replaces jacinda arden following her surprise resignation last week. >> without a doubt, he does not have the sort of charisma. he's a much more pragmatic politician. he said he wants to focus on
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bread-and-butter issues. that indicates he might move away from some of this into our turns policies. he wants to address the cost of living crisis. anchor: the foreign prime minister has become the most senior official to be charged in the beirut blast. the u.s. to part and of justice in eight states -- and eight states are suing google for its allegedly dominant of the online advertising market. u.s. officials say it corrupted legitimate competition the tech industry. prosecutors want the firm's advertising business to be broken up. you can follow those stories on our website. back with more news in half an hour. up next it is inside story. stay with us. >> there is no channel that covers world news like we do. >> access to health care. >> what we want to know is how
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do these things effects people? we revisit places and stay even when there are no international headlines. al jazeera really invests in that and that is a privilege as a journalist. anchor: can universal jurisdiction stop impunity? a suit filed against myanmar's leadership accused of genocide and crimes against amenity. can the lawsuit change the situation on the ground? this is inside story. welcome to the program. i'm laura kyle. a human rights group has filed a criminal complaint in germany accusing me in mars military of genocide. a group of survivors from ethnic
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groups across myanmar have built the case and what activists say is a show of unity that once seemed unthinkable. the trial, brought by fortified rights is also accusing the military of crimes against humanity and war crimes over its crackdown on rohingya muslims in the 16 -- in 2016 and 17. secured he forces allegedly carried out mass rapes and murders in what was called a clearance operation. matthew smith is the head of fortify rights and explained who the complainants are and why this case is so important. >> it's about half the complainants in the case survive the rohingya genocide in 2016 and 2017. about half have survived or witnessed mass atrocities that occurred since the coup on february 1, 2021. it is a diverse group of people putting their faith and hope in german authorities that they may achieve some measure of justice.
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the investigation at the international criminal court is very important. that focus is narrowly on forest deportation as a crime against humanity on rohingya. it does not cover the mass atrocities unfolding on a daily basis -- people getting burned down, people being tortured and killed every day in myanmar. with regard to the case at the international court of justice in the hague, that is a case that deals with disputes between states. that is focusing exclusively on state responsibility for the rohingya genocide. in other words, there is no criminal liability that would stem from those proceedings at the icj. it's an important case. gambia has done a great thing bringing that case but it is very different from what we are pushing for in germany. it is important we recognize not a single perpetrator from myanmar despite a lot of attention internationally, not a
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single perpetrator has been held accountable for these heinous crimes. laura: man mars ruling agenda has played a long and brutal role in the country. in 2000 16 and 17 come a campaign of atrocities on muslim rohingya is sent hundreds of thousands sling across the border into bangladesh. the world expressed outrage and the generals faced charges of genocide. the military is under investigation at the international criminal court. in 2016, aung san suu ky was the leader in the country's brief experiment with democracy. on the first of february, she was one of thousands arrested when the military seized back power from the civilian government. the violent crackdown against all opposition has united many of the country diverse ethnic groups against the military rulers. here are our guests.
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in london, the director of the myanmar accountable he project. also in london, a lawyer and cofounder of the garnica group. joining us from a location we are not disclosing for his safety is the spokesman for the national unity government of myanmar. just a note that our team has reach out -- reached out to man mars military junta but have not received a response. let's get the discussion going. this case in germany is just one of a number being filed in a number of different countries. do you support it because your own organization has filed a separate case in turkey, has it not? guest: we absolutely support it, to be very clear and we support the work of all the groups like fortify rights, like the organization garnica, and others who are closing in the best they can using all possible legal instruments. so there is a case in argentina.
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there is a case in germany. we have a case in turkey and just in the next day, i will be testifying to the indonesian constitutional court about the possibility of bringing a case in indonesia. we are in conversation with legal experts in the philippines where we think the prospect for a case for trial is very good. we are hoping to do more work in 2023. but to be clear, we absolutely support this case with fortify rights. we hope the german prosecutors will open not just a structural investigation but will move to an actual investigation. it's not clear they will but we absolutely join the call by fortify rights and i'm sure by guarantor can and others. the more pressure we can bring on the junta through legal work, the better. laura: what has happened since march? guest: i'm pleased to say that chief prosecutor in istanbul has
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accepted to the ministry of justice in ankara and they are investigating. the good thing is the junta knows they are being scrutinized. yes, the wheels of international law turned slowly but they do turn my going back to the eichmann trial in israel on through the work of the former yugoslavia which saw slobodan milosevic in the hague and onto the rwanda genocide. i can understand the slight cynicism perhaps by the title of your program, the idea will there be accountability, we say absolutely. that's why we are all working. there will be accountability, it will take time, but in the meantime, the junta, which is clearly committing genocide, committing crimes against humanity, torture, the most appalling aerial bombardments of civilian targets without any due respect for international law
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that relates to the protection of civilians, all of that is being ignored. this work serves them notice they are being scrutinized, they are being investigated, and we hope and pray that someday they will be in court and ultimately, as has happened to yugoslav dictators and others, they will be banged up in prison, which is where they belong. laura: two questions there initially -- do these cases bring about accountability and why launch them in multiple different countries? guest: thank you. let me support and endorse everything chris has said. i think it is important to adopt a multi-jurisdictional approach in cases like this. i for one think and support the initiative in germany. i think it is important on accountability. quite often, we look at
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different jurisdictions. there may be victims in those jurisdictions, there may be suspects within the refugee paul , so quite often you will look at the opportunities that present themselves. just today, we have had the swiss prosecutor seeking to bring charges against a gambian national in a matter we were involved with over the years, so it is significant and it does have an impact. when you have a vacuum of accountability in the jurisdiction of the country where crimes were committed, you have to look elsewhere. when there are limitation on international jurisdiction, you have to look to international jurisdiction to make sure the victims have a voice and that there is a process which is aimed at holding these individuals accountable for the most atrocious crimes. the situation in myanmar with
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the plight of the rohingya, which has been suggested -- subjected to a policy of genocide, then you have to look at whatever opportunities you can. germany has certainly shown itself in the last couple of years as to be an appropriate form in relation -- forum in relation to holding the syrian regime figures accountable, holding isis members accountable, so germany has increasingly advanced as one of the countries where there is a process where accountability can be pursued. that's happening across europe and we should not limited to one jurisdiction. laura: do these cases not risk undermining the work of the international court, the international criminal court and international court of justice which have cases and investigations into me underway? -- into myanmar underway. guest: the whole process of the
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international criminal court is complementary to the national jurisdiction. quite often, as quick -- as chris has quite rightly stated, the wheels of international justice move very slowly. sometimes, you can't just rely on international accountability. if we look at the international criminal court in particular, has different resources to dedicate to cases of this kind. it's only going to hold accountable the most senior military leaders, who are responsible for the genocide. so there has to be a complement troop process in order to hold those potentially slightly lower accountable. just focusing and waiting for the international criminal court to conclude their investigations
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is not a sensible strategy when you are looking at a conflict or situation such as this. guest: to add to what has been said, the british government and dozens of other member states refer putin and his aggression against ukraine to the international criminal court. if the british government wanted to refer the myanmar junta bilaterally to the icc, they could do it. groups like ours are pushing very hard for the british government and others to do that. they have not done it and have not given us a decent explanation why they haven't done it. they have made a declaration they accept the jurisdiction of the court.
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why hasn't britain, why have another member states that govern the national criminal court made a reference to the court just as they have for peyton? i'm sure there'll be things to say about it. laura: why do you feel the u.k. and other u.n. member states have not referred the junta to the international criminal court? guest: it is very important that firstly we have to stop this genocide on my country, burma. the international community has this power to stop these crimes against vanity. it is crucial the country like the u.k. and eu and other international free world support
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the case of genocide against the military general in myanmar and these military generals in myanmar into the icc and we support fully with jurisdiction and icc jurisdiction and universal jurisdiction. it is very important the world knows we absolutely support their case filed against the military in myanmar. i think germany is the country that can understand the pain and suffering of the people in myanmar given the nature of hitler's and atrocities have permitted. the same thing has happened with genocide and military generals in myanmar. laura: if we take a step inside
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myanmar, there are a number of human rights lawyers cooperating with german authorities in this case, give us an idea of what sort of danger they face their. guest: i think it is very important the lawyer on human rights and any sensible lawyer understand they are talking about human beings. they are talking about persons, individuals. this bestia victims are mothers, fathers, sisters and brothers and they are human beings. these military generals in the and mar have been committing these crimes against humanity with complete impunity. they must be held accountable and i think it is very important we bring the maximum pressure to the military and sanction them
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with coordinated and targeted and this military, we have to know they don't understand words, they understand action. it's the time for the international community to take action and bring justice to these survivors. laura: what evidence is there the generals care about these cases being brought about? you said the cases are closing in on them but do you think they feel that? they are certainly still acting as if they can with impunity. guest: there is some evidence, although anecdotal. the pol pot of myanmar has issued to his army and staff a directive about six months ago or more, a directive which said do not cooperate with the mechanisms of international
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justice. that is one very clear sign they are aware the work groups like ours are doing. the other thing i have anecdotally, it said they are frightened of two things -- first of all, the buddhist nation that he may not have a good from the other is criminal accountability, being banged up in the hague like other dictators of our age. there's some evidence of that but the important other thing to say is the confluence of this legal work and public advocacy is very interesting because at the united nations general assembly which has been considering the credentials and rejected the credentials of the junta unanimously on two occasions, it matches that groups like fortify right are doing these -- doing this work. it plays into the political dynamics and ultimately, what
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you need for successful prosecutions, you need legal process to be right but what helps that enormously is a public environment in which accountability and justice actually matter. the energy you create around these cases has that effect. it's not just a question of the junta ignoring. it sets an international mood, if you like, that these people are isolated, they are being pursued by justice, and that has knock on effects in all sorts of other areas. i am not going to cede to the counsel of despair on what universal jurisdiction can do. i and others are absolutely determined that we will find justice for victims of myanmar. it might take a long time but the lesson of yugoslavia, the lesson of rwanda is people who commit these crimes will ultimately and can ultimately be held accountable. you -- laura: you lead me
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directly to my next question. can universal justice ring victims a sense of justice in this sphere of universal jurisdiction? guest: it's very easy question to answer -- yes. it has done in a number of respects. if we look at the syrian cases in germany, we look at what is being done on the gambian cases in switzerland, we look at what our group had done as far as the salvadoran case in spain, there is a history of justice being delivered to victims. what one person considers to be a just resolution is not the same for all victims. the fact cases are being pursued and accountability is being
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pursued is significant and that does have an impact, whether that results in an individual ultimately being convicted and sentenced by a court of law, that is what we will strive for. but it is the fact we are not forgetting what has happened and what continues to happen in myanmar when we look at all the conflicts around the world, the attention span of the international community is very diluted and it's important we don't forget what happened. it is important for all the groups involved to continue to push for accountability when the only route is universal jurisdiction. what happened at the international court of justice is not individual criminal responsibly, it is state responsibility for breaching a convention against genocide. it's happening at the
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international criminal court, we wanted to be quicker but that is only going to look at and can only look at forced deportation. because of the fact the un security council is deadlocked overhearing any situation to the international criminal court, the only jurisdiction they were able to establish was through forceful deportation from myanmar into neighboring bangladesh. the jurisdiction of the international criminal court means we have to turn to international jurisdiction and what's encouraging is when you see groups working together, when you see groups working together to pursue justice wherever they can find it, it is significant. laura: you fled to bmr for your life when the military launched it's too. you left behind family, he left behind friends who are persecuted.
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what does justice look like to you? guest: it is important because just imagine the only crime i have been accused of committing his freedom of expression. i stood up for universal freedom and human rights and my country. because of that, i am proud the military charges me with high treason that carries death sentences. four of my colleagues who have been very unlucky were arrested and executed and been killed. and they are committing the international crime in front of the international community in my country, myanmar. these crimes against humanity we are talking about is totally unacceptable. this has been there for my people 75 years.
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for rohingya brothers and sisters, how many more decades this military generals in burma will be allowed to enjoy with complete impunity. because i stand up for democracy they -- my mother was sick with cancer, stage four and was chased by the military. they said if you live in this village, you will be killed. it was unspeakable pain and suffering they have caused to my family. not only to my family, we are talking more than 3000 killed in the last three or four months. more than 3000 people being arrested. more than 45,000 churches must
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schools, hospitals, religious house are being burned because they talk about freedom and human rights. this absolutely matters to us and this is the international community. they can bring justice to my people. they must cut off all the work supplied to the military now that will end these crimes against vanity. laura: in the one minute we have left, why has the world has not taken more action when we hear stories like that? guest: a combination of politics and racism. we have seen with ukrainians, they are white, christian, they are not brown or muslims and they come from a long way away, we have to deal with some hangups. secondly, the politics. if it were further up the agenda, if countries like
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britain, the pen holder and the security council could actually motivate and mobilize some political support in the international committee, there is support there, it just needs to be mobilized. racism and politics. if you can deal with those things, the people of myanmar would have had justice along time ago. laura: let's hope they will still see it with the processes in place today. thank you very much to all of our guests today. and thank you for watching. you can see the program again any time by visiting our website, al jazeera.com. for further discussion, go to our facebook page. you can also join the conversation on twitter. from me, laura kyle, and the whole team here, goodbye for now.
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- hey, i'm valerie june. ming up on reel south . - [valerie] in a musical genre dominated by male performers, this woman was determined to have her voice heard. - when i think think about alice gerrard, i think about somebody who's lived her life following her love. - [valerie] and she made many sacrifices along the way. [somber violin] ♪ bear me away ♪ on the breeze of the morning - [valerie] hear "you gave me a song", up nt on el south.
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