Arab League shocks the west, humiliates Israel at ICJ
Video with Transcript: Arab League shocks the west, humiliates Israel at ICJ
Transcript
0:00
hey call me Louie this is my
0:04
spot Lou spot I now respectfully request
0:08
Mr President that you call on Dr Ralph Wilde
0:10
Wilde senior councel and Advocate to
0:13
address the legal questions before the
0:14
court thank you I thank Mr I now give
0:18
the floor to Mr Ralph wild you have the
0:21
floor
0:24
Sir Mr President distinguished members
0:27
of the court it's a great honor and
0:30
privilege to appear before you and to
0:32
represent the league of Arab
0:35
states the Palestinian people have been
0:38
denied the exercise of their legal right
0:41
to
0:42
self-determination through the more than
0:44
Century long violent Colonial racist
0:48
effort to establish a nation state
0:52
exclusively for the Jewish people in the
0:54
land of mandatory
0:57
Palestine when this began after the
0:59
first first world war the Jewish
1:01
population of that land was
1:04
11% forcibly implementing Zionism in
1:08
this demographic context has necessarily
1:12
involved the extermination or forc
1:16
displacement of some of the non-jewish
1:18
Palestinian
1:20
population the exercise of domination
1:23
over and subjugation dispossession and
1:27
immiseration of remaining non Jewish
1:31
Palestinians the immigration to that
1:33
land of Jewish people regardless of any
1:36
direct personal link and the denial of
1:39
Palestinian refugees the right to return
1:43
all operating through a racist
1:45
distinction privileging Jewish people
1:48
over non-jewish Palestinian
1:51
people this has necessitated serious
1:54
violations of all the fundamental Yos
1:57
kogan and erga omn Norms of
2:00
international law the right of
2:04
self-determination the prohibitions on
2:06
aggression genocide crimes against
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humanity racial discrimination aparte
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and torture and the core protections of
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IHL today I will address first
2:21
violations of international law arising
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out of the regime of racial domination
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aparte perpetrated against the
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Palestinian people across the entire
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land of historic
2:35
Palestine and then second the
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existential illegality of Israel's
2:41
occupation of the Palestinian Gaza Strip
2:44
and West Bank including East Jerusalem
2:47
since
2:49
1967 as a necessary prerequisite I must
2:53
begin with this special right granted to
2:55
the Palestinian people in the league
2:58
Covenant the legal right of
3:01
self-determination of the Palestinian
3:03
people originates in the sacred trust
3:06
obligations of article 22 of the Lee
3:09
Covenant part of the Versa
3:12
treaty Palestine an A-Class mandate
3:15
under British colonial rule was after
3:19
the first world war supposed to have its
3:22
existence as an independent state
3:25
provisionally recognized a su generous
3:29
right of
3:31
self-determination the UK and other
3:33
members of The League Council attempted
3:36
to bypass this incorporating the 1917
3:40
Bala declaration commitment to
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establishing a national home for the
3:45
Jewish people in Palestine into the
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instrument stipulating how the Mandate
3:51
would
3:52
operate however the council had no legal
3:56
power to bypass the Covenant in this way
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it acted ultrav virus and the relevant
4:02
Provisions were legally
4:05
void there was and is no legal basis in
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that mandate instrument for either a
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specifically Jewish state in Palestine
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or the UK's failure to discharge the
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sacred trust obligation to implement
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Palestinian
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self-determination after the second
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world War a self-determination right
4:32
applicable to Colonial peoples generally
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crystallized in international law for
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the Palestinian people this essentially
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corresponded to and supplemented the
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pre-existing Covenant right regarding
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the same single
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territory the 1947 proposal to partition
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Palestine was contrary to this the Arab
4:57
rejection and affirmation of the legal
5:00
status quo in 1948 then Palestine was
5:06
legally a single territory with a single
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population enjoying a right of
5:12
self-determination on a unitary
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basis despite this a state of Israel
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specifically for Jewish people was
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proclaimed in
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1948 by those controlling
5:27
78% more than 34 ERS of Palestine
5:32
accompanied by the forc displacement of
5:34
a significant number of the non-jewish
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Palestinian population the nacba
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catastrophe this illegal secession was
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an egregious violation of Palestinian
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self-determination Israel's statehood
5:50
was recognized and Israel admitted as a
5:53
UN member despite this
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illegality Israel is not the legal
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continuation or successor of the
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Mandate this violation of Palestinian
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self-determination is ongoing and
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unresolved two key elements are First
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Palestinian people not displaced from
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the land proclaimed to be of Israel in
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48 and their
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descendants have been forced to live as
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Citizens presently they constitute 17.2%
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of a state conceived to be of and for
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another racial group under the
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domination of that group necessarily
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treated as second class because of their
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race second Palestinian people displaced
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from that land and their descendants
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cannot
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return these are serious breaches of the
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right of
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self-determination the prohibition s of
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racial discrimination and aparte and the
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right of return they must end
7:07
immediately as if this ongoing nabba was
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not catastrophic enough in
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1967 Israel captured the remaining 22%
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of historic Palestine the Gaza Strip and
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West Bank including East Jerusalem the
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naxa it's maintained that use of force
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to remain in control for the 57-year
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period
7:35
since for more than half a century then
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a state defined to be of and for Jewish
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people
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exclusively has governed the entire land
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of historic Palestine and the
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Palestinian people there and the regime
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of racial domination aparte and denying
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return has been extended throughout in
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the case of Palestinians living in the
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occupied territory this has involved the
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same serious violations of international
8:07
law supplemented by serious violations
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of norms applicable in occupied
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territory indeed these people are
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subject to an even more extreme form of
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racist domination as they aren't even
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citizens of the state exercising
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authority over them
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even in East Jerusalem which Israel has
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purported to Annex the majority
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non-jewish Palestinian residents don't
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have
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citizenship whereas Jewish residents
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including illegal settlers are
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citizens just as in territorial Israel
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in occupied territory these serious
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violations concerning how Israel
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exercises authority over the Palestinian
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people
9:00
must end
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immediately however here a more
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fundamental matter must also be
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addressed the illegality of the exercise
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of authority
9:17
itself the enduring Palestinian right of
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self-determination means that the
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Palestinian people and the state of
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Palestine not Israel are sovereign over
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the territory Israel captured in '
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67 for Israel the land is extr
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Territorial and given what I said about
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the Mandate territory over which it has
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no legal Sovereign
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entitlement despite this Israel has
9:48
purported to Annex East Jerusalem and
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taken various actions there and in the
9:54
rest of the West Bank constituting deure
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and de facto purported
9:59
annexation including implanting
10:02
settlements it is Israeli policy that
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Israel should be not only the exclusive
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authority over the entire land between
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the river and the sea but also the
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exclusive Sovereign Authority
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there this constitutes a complete
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repudiation of Palestinian
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self-determination as a legal right
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since it empties the right entirely of
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any territorial
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content actualizing this through de
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facto and deure purported annexation is
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first a serious violation of Palestinian
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self-determination and
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second because it's a uh enabled through
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the use of force a violation of the
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prohibition on the purported acquisition
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of territory through the use of force in
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the law on the use of force and so an
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aggression serious violations of further
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areas of law regulating the conduct of
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the occupation are also being
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perpetrated notably the prohibitions on
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implanting settlements and altering
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unless absolutely prevented the legal
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political social and religious status
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quo the OCC occupation is therefore
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existentially illegal because of its use
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to actualize purported
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annexation to end this serious
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illegality it must be terminated Israel
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must renounce all sovereignty claims and
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all settlements must be removed
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immediately however this is not the only
11:54
basis on which the occupation's
11:56
existential legality must be
11:59
addressed we need to delve deeper into
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both the law of
12:04
self-determination and the law on the
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use of
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force beginning with
12:10
self-determination this right when
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applied to the Palestinian people in the
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territory Israel captured in '
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67 is a right to be entirely
12:21
self-governing free from Israeli
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domination consequently the Palestinian
12:28
people have a legal right to the
12:30
immediate end of the
12:33
occupation and Israel has a correlative
12:36
legal duty to immediately terminate the
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occupation this right exists and
12:44
operates simply and exclusively because
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the Palestinian people are entitled to
12:51
it it does not depend on others agreeing
12:55
to its
12:56
realization it is a right
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it's a repudiation of trusteeship
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whereby colonial peoples were ostensibly
13:05
to be granted freedom only if and when
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they were deemed ready because of their
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stage of development determined by the
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racist standard of
13:16
civilization the anti-colonial
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self-determination rule replaced this
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with a right based on the automatic
13:25
immediate entitlement of all people to
13:29
freedom without
13:32
preconditions in the words of general
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assembly
13:36
1514 inadequacy of preparedness should
13:40
never serve as a pretext for delaying
13:45
Independence some suggest that the
13:47
Palestinian people were offered and
13:49
rejected deals that could have ended the
13:53
occupation and therefore Israel can
13:55
maintain it pending a settlement even
13:59
assuming arguendo the veracity of this
14:02
account the deals involved a further
14:06
loss of The Sovereign territory of the
14:08
Palestinian
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People Israel cannot lawfully demand
14:14
concessions on Palestinian rights as the
14:17
price for ending its impediment to
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Palestinian
14:22
Freedom this would mean Israel using
14:25
Force to coerce the Palestinian people
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to give up some of their peremptory
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legal
14:32
rights illegal in the law on the use of
14:36
force and necessarily voiding the
14:40
relevant terms of any agreement
14:43
reached the Palestinian people are
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legally entitled to reject a further
14:49
loss of land over which they have an
14:52
exclusive legal peremptory
14:56
right any such rejection
14:59
makes no difference to Israel's
15:02
immediate legal obligation to end the
15:06
occupation turning to the law on the use
15:09
of
15:09
force Israel's control over the
15:12
Palestinian territory since ' 67 as a
15:15
military occupation is an ongoing use of
15:19
force as such its existential legality
15:23
is determined by the law on the use of
15:26
force as a general matter beyond the
15:29
specific issue of
15:32
annexation Israel captured the Gaza
15:34
Strip and West Bank from Egypt and
15:36
Jordan in the war it launched against
15:39
them and
15:41
Syria it claimed to be acting in
15:44
self-defense anticipating a non
15:46
immediately imminent
15:48
attack the war was over after 6 days
15:53
peace treaties between Israel and Egypt
15:55
and Jordan were subsequently adopted
15:59
despite this Israel maintained control
16:02
of the territory continuing the use of
16:05
force enabling its
16:08
capture Israel's 67 war was illegal in
16:11
the Yad Bellum even assuming arguendo
16:16
its claim of a feared attack States
16:19
can't lawfully use force in non
16:22
immediately imminent anticipatory
16:26
self-defense Alterna ly assuming again
16:30
arguendo that the war was
16:33
lawful the justification ended after 6
16:38
days however the Yos ad Bellum
16:41
requirements continued to apply to the
16:44
occupation as itself A continuing use of
16:49
force in 1967 with self-determination
16:53
well established in international law
16:57
states could not lawfully use Force to
17:00
retain control over a self-determination
17:04
unit captured in war unless the legal
17:08
test justifying the initial use of force
17:13
also Justified on the same basis the use
17:17
of force in retaining
17:20
control moreover this justification
17:24
would need to
17:25
continue not only in the immediate after
17:28
math but for more than half a
17:33
century
17:34
manifestly This legal test has not been
17:39
met Israel's exercise of control over
17:42
the Gaza Strip and West Bank through the
17:45
use of force has been illegal in the Yos
17:48
ad Bellum since the capture of the
17:50
territory or at least very soon after
17:55
afterwards the occupation is there
17:58
therefore again existentially illegal in
18:01
the law on the use of force and
18:04
aggression this time as a general matter
18:08
Beyond illegality specific to
18:11
annexation to terminate this serious
18:14
violation the occupation must likewise
18:17
end
18:19
immediately what of Israel's current
18:22
military action in
18:24
Gaza this is not a war that began in
18:28
October
18:31
2023 it's a drastic scaling up of the
18:35
force exercised there and in the West
18:38
Bank on a continual basis since
18:42
67 a justification for a new phase in an
18:47
ongoing illegal use of force cannot be
18:51
constructed solely out of the
18:54
consequences of violent resistance to
18:57
that illegal use use of
18:59
force otherwise an illegal use of force
19:02
would be rendered lawful because those
19:05
subject to it violently resisted
19:08
circular logic with a perverse
19:12
outcome more generally Israel cannot
19:15
lawfully use Force to control the
19:18
Palestinian territory for security
19:20
purposes pending an agreement providing
19:23
security
19:25
guarantees states can only lawfully used
19:29
Force outside their borders in extremely
19:32
narrow
19:34
circumstances beyond that they must
19:37
address they must address security
19:40
concerns non
19:43
forcibly the USA UK and Zambia suggested
19:48
here that there is a sue generous
19:51
applicable legal
19:52
framework an Israeli Palestinian Lex
19:57
specialis this somehow supersedes the
20:00
rules of international law determining
20:03
whether the occupation is existentially
20:07
lawful instead we have a new rule
20:11
justifying the occupation until there is
20:13
a peace agreement meeting Israeli
20:16
security
20:18
needs this is the law as these states
20:22
would like it to be not the law as it
20:27
is it has no basis in resolution 242
20:32
Oslo or any other resolutions or
20:36
agreements
20:38
actually you are being invited to do
20:42
away with the very operation of some of
20:45
the fundamental peremptory rules of
20:49
international law
20:51
itself as a result the matters these
20:55
rules conceive as rights vested in the
20:58
the Palestinian people would be realized
21:02
only if agreement is reached and only on
21:05
the basis of such
21:07
agreement at Best if there is an
21:10
agreement this means one that need not
21:14
be compatible with Palestinian
21:16
peremptory legal rights determined only
21:20
by the acute power imbalance in Israel's
21:24
favor at worst if there is no agreement
21:29
this means that the indefinite
21:31
continuation of Israeli rule over the
21:34
Palestinian people in the
21:36
opt on the basis of racist Supremacy and
21:40
a claim to sovereignty would be
21:44
lawful this is an affront to the
21:48
international rule of law to the UN
21:52
Charter imperative to settle disputes in
21:55
Conformity with international law
21:59
and to your judicial function as
22:02
Guardians of the international legal
22:06
system a final potential basis sometimes
22:10
invoked to justify continuing the
22:12
occupation should be
22:14
addressed occupation and human rights
22:16
law applicable to illegal and lawful
22:20
occupations
22:22
alike oblige Israel to address security
22:26
threats in occupied territor
22:29
however they only regulate the conduct
22:32
of an occupation when it exists they
22:36
don't also provide a legal basis for
22:38
that existence
22:41
itself existential legality is
22:43
determined by the law of
22:45
self-determination and the Yos ad Bellum
22:48
only there is no backdoor legal basis
22:53
for Israel to maintain the occupation
22:55
through the imperatives of occupa and
22:58
human rights
23:00
law in some the occupation of the
23:04
Palestinian Gaza Strip and West Bank
23:06
including East Jerusalem is
23:09
existentially illegal on two mutually
23:12
reinforcing
23:14
bases first the law on the use of force
23:19
here the occupation is illegal both as a
23:21
use of force without valid
23:24
justification and because it's enabling
23:27
an illegal purported
23:29
annexation as such it is an
23:32
aggression second the law of
23:36
self-determination here it's illegal
23:38
again because of the association with
23:40
illegal purported
23:42
annexation and also more generally
23:45
because it is quite simply an exercise
23:49
of authority over the Palestinian people
23:52
that by its very nature violates their
23:56
right to Freedom
23:58
this multifaceted existential illegality
24:02
involving serious violations of
24:04
peremptory Norms has two key
24:08
consequences first the occupation must
24:10
end Israel must renounce its claim to
24:13
sovereignty over the Palestinian
24:15
territory all settlers must be
24:18
removed
24:20
immediately this is required to end the
24:23
illegality to discharge the positive
24:25
obligation to enable immediate
24:27
Palestinian
24:29
self-administration and because Israel
24:32
lacks any legal entitlement to exercise
24:37
Authority second in the absence of the
24:40
occupation ending
24:42
necessarily everything Israel does in
24:45
the Palestinian territory lacks a valid
24:49
International legal basis and is
24:53
therefore subject to the Namibia
24:55
exception invalid not only those things
24:59
violating the law regulating the conduct
25:02
of the
25:04
occupation those Norms entitle and
25:06
require Israel to do certain things but
25:10
this doesn't alter the more fundamental
25:12
position from the law on the use of
25:15
force and
25:16
self-determination that Israel lacks any
25:19
valid authority to do anything and
25:23
whatever it does is illegal even if
25:27
comping with or pursuant to the conduct
25:31
regulatory
25:34
rules I will close by quoting
25:37
Palestinian academic and poet rafat
25:41
allara from his final poem posted 36
25:45
days before he was killed by Israel in
25:48
Gaza on the 6th of December
25:55
2023 if I must die
25:58
you must live to tell my
26:02
story if I must die let it bring
26:07
hope let it be a
26:11
story thank you for your
26:13
attention that sums it up for this video
26:16
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26:24
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time peace out
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