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Now I shall turn straight to 
Professor Richard Falk who is 

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going to be talking to us about 
genocide self defence under 

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international law. 
As I mentioned before, Richard 

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is a renowned international 
expert, the UN rapporteur on on 

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the Palestine case for the 
United Nations and he's going to

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talk to us about the question of
genocide, what we're seeing at 

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the moment, question of self 
defence and where we're going in

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terms of the International Court
of Justice and the South African

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attempts, so. 
Richard, thank you Piers. 

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I'm very honoured and pleased to
be part of this panel and I 

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think it's very crucial to link 
the genocidal events in Gaza and

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in a sense in all of occupied 
Palestine to the configurations 

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of empire in the post 911 post 
Cold War international 

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environment and not forgetting 
the Ukraine dimension. 

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While we focus on the Middle 
East. 

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The Hamas attack on October 7th,
which is itself surrounded by 

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suspicious circumstances of 
Israeli foreknowledge and 

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therefore allowing these 
horrific events to unfold, and 

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being very slow to respond to 
the actuality of the attack and 

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the quickness with which it 
converted a limited instance of 

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Palestinian resistance under 
Hamas's leadership into the 

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pretext for launching this 
vengeful and genocidal onslaught

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on the civilian population of 
Gaza. 

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That's a shocking sequence of 
events on its own. 

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And then when you consider the 
magnitude of the violence that's

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been inflicted on Gaza and the 
population, the whole of the 

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population, you have to 
understand that this is a 

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horrific, transparent and in a 
way, original confrontation with

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the crime of crimes, genocide. 
In the past, genocides have been

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known mainly in retrospect and 
indirectly, and we have not had 

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the experience of the unfolding 
before our eyes on nightly 

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television. 
The imagery of bombing hospitals

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and refugee camps, of babies 
being buried in mass graves is 

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something grotesque that not 
only is occurring as a result of

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Israeli actions, but enjoys the 
complicity of important 

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countries in what I would call 
the settler colonial states of 

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the US, Canada, Australia, New 
Zealand, plus the main members 

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of NATO which include Germany, 
UK and France, who are also 

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colonial powers. 
And so this has to be seen as 

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part of the post colonial effort
by the global white W to 

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maintain hegemonic control over 
the whole world system. 

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If we look at the casualties and
the damage that has been done in

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Gaza up to this point, in the 
three months that these 

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horrendous events have unfolded 
and multiply them 

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proportionately to the 
population of country like the 

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United States, which has 
supported materially and 

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diplomatically at every stage so
far, the occurrence of such 

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violence, we would multiply the 
death totals of over 20,000 by 

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175 to take proportional account
of the relative populations. 

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That's a shocking total and 
predominantly civilians, and 

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seemingly having only a marginal
connection with Israeli 

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security. 
If Israeli security was the 

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dominant motive, they would do 
differently what might prevent 

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some similar act of resistance 
to take place in the future. 

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They would first of all correct 
the bureaucratic process that 

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led to this so-called security 
lapse and that would probably be

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sufficient to re establish their
security. 

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They would also try to 
accommodate the needs of the 

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people of Gaza by lifting the 15
year old blockade and make any 

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acts of resistance seem less 
like a jailbreakout than a 

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isolated instance of violence. 
When we look at the Genocide 

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Convention itself, we see that 
both Israel and the United 

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States and the leading NATO 
members and those settler 

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colonial states are all parties 
to that convention, which was 

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viewed as a key element in 
creating a kind of wall against 

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the repetition of what happened 
in the Holocaust And what we've 

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seen not only in Gaza now but 
elsewhere, in Rwanda, in 

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Malaysia, in in Myanmar, not 
Malaysia, is an inadequate 

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capacity to implement the 
intention of the Genocide 

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Convention to prevent its 
recurrence. 

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But what is clear is that the 
facts of bombing so 

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indiscriminately and so 
persistently and 

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disproportionately in opposition
to international humanitarian 

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law, the civilian population of 
2.3 million Gazans is creates 

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the factual foundation of the 
genocidal allegation. 

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And that factual allegation is 
reinforced by the statements of 

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the highest Israeli leaders, 
Prime Minister Netanyahu, the 

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President Herzog and the 
Minister of Defense Yoav Galant.

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All of them have articulated 
views about the total decimation

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and devastation of Gaza. 
The destruction of up to 80% of 

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the housing in northern Gaza, 
which was, which was part of a 

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deliberate policy of forced 
evacuation with the evident 

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intention of ethnic cleansing. 
In other words, all the evidence

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we have points to the fact that 
the October 7th Hamas attack 

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served as a pretext for the 
completion of the Zionist 

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project by the dispossession of 
Israelis. 

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Dispossession by Israelis of 
Palestinians living not only in 

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Gaza, but in the West Bank, 
which has experienced 

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unrestricted settler violence in
this period and has also 

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suffered unusually severe 
casualties during this time. 

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So what we have is a 
transparently evident instance 

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of genocide that has been 
defended very weakly and without

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a substantive argument, as in 
case of self-defense. 

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We know from international law 
that self-defense does not allow

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the the the state that claims it
to engage in disproportionate 

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and unlimited violence or to 
commit what would otherwise be 

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crimes under the under the cover
of claiming self-defense. 

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And in this instance, the claim 
of self-defense is particularly 

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weak because Gaza and the West 
Bank are occupied territories 

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and under the administrative 
responsibility of Israel as the 

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occupying power Since 1967. 
Israel has not implemented the 

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unanimous Security Council 
Resolution 242 back in 1967, 

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which called upon it to withdraw
to the 67 borders, and instead 

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has used that period to engage 
in unlawful territorial 

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encroachments on the occupied 
territory of the West Bank 

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through its extensive settlement
network, which has 650,000 

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Israelis living there. 
And is really the death warrant 

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of any realistic hope that A2 
State solution could be achieved

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in light of this kind of 
territorial ambitious 

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expansionism? 
So that it's questionable under 

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any circumstances that a claim 
of self-defense is appropriate 

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in an occupied territory 
governed by the 4th Geneva 

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Convention. 
Because in effect, self-defense 

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is only a tactically available 
if the combatants are both in 

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some sense political actors of 
an international status. 

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You cannot defend yourself 
against part of what you are 

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administering within your own 
territory. 

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You can make reasonable claims 
to establish security or to re 

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establish security, but as I've 
suggested, Israel has not tried 

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to do that. 
As shocking as these genocidal 

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crimes have been, I find as 
disturbing the complicity of the

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these countries in the world 
that have held themselves before

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international public opinion as 
models of democracy, of 

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champions of human rights, of 
supporters of the rule of law. 

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For the United States to 
undermine its own reputation by 

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supporting this sort of 
transparent genocide should be 

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shocking to the peoples of the 
world. 

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And it has been if one takes 
account of the popular 

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demonstrations all over the 
world. 

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And this these acts of 
complicity go against the 

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obligations of the Genocide 
Convention, which require 

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parties to the convention, all 
of which encompass both Israel 

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and the US, as well as the 
members of NATO and the settler 

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colonial states. 
All of them are expected, as a 

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matter of law, to take what 
action is reasonably possible in

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order to prevent or disrupt the 
continuation of genocide. 

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They are all perpetrating crimes
of being accessory to genocide. 

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And it is an act of shame that 
they have done little to 

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distance themselves or to 
actively oppose the the 

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continuation of these 
developments and to use their 

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leverage at the United Nations 
to disempower the Security 

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Council that sought, by an 
overwhelming vote of 14 to 1 to 

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establish a ceasefire weeks ago.
This is not only failing to 

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prevent genocide, it's a matter 
of facilitating genocide. 

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And that should be taken into 
our political imagination and 

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our moral imagination when we 
think about accountability for 

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the crimes that are being 
committed. 

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South Africa has recently 
initiated under Article Three of

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the Genocide Convention. 
It's right as a party to the 

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Convention to call for the 
International Court of Justice 

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00:19:57,320 --> 00:20:04,760
to impose provisional measures 
of a character that would 

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instruct Israel as a matter of. 
International Court of Justice 

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authority to immediately cease 
any kind of violent activity 

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that is part of the crime that 
is being committed and would 

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also consider whether Hamas 
should fall within the scope of 

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such a crime. 
This this is a serious challenge

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both to the complicit countries 
to stand aside If the rulings 

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that are expected in the coming 
weeks of the World Court do 

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uphold the South African 
application that is calling for 

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these immediate measures. 
As a prelude to a decision on 

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whether the allegation of 
genocide, which is contained in 

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a 94 page document that goes 
through in agonizing detail the 

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facts of genocide that have 
transpired in this period, 

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starting with the day after 
October 7th. 

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There. 
There is also the question of 

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who will endorse this South 
African initiative. 

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Turkey so far is the only NATO 
member that has endorsed it. 

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Jordan and Malaysia have joined 
in that endorsement. 

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And we noticed that none of the 
European colonial powers and 

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none of the settler colonial 
states have seen fit to uphold a

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judicial determination of 
whether action should be taken 

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to prevent this genocide from 
going on. 

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So what is presented to the 
world is a crisis of 

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implementation and 
accountability. 

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There's no doubt that a crime of
a high magnitude is being 

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committed, and indeed is 
virtually confessed to be 

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committed, despite Israel's 
record of defiance of 

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international law throughout its
occupation. 

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And it's allegations that any 
criticism, wherever it emanates 

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from, is an instance of 
anti-Semitism. 

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It called the International 
Criminal Court's decision to 

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investigate crimes against 
Israel Crimes by Israel alleged 

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00:24:05,920 --> 00:24:12,800
by Palestine subsequent to 2014.
Before these recent events, 

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Prime Minister Netanyahu reacted
by saying this is pure 

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anti-Semitism, as if the 
Internet respected international

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00:24:29,520 --> 00:24:39,480
institution is motivated by such
base intentions. 

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Similarly, they've attacked the 
South African initiative as a 

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blood libel against the Jewish 
people. 

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A blood libel was the kind of 
anti Jewish allegation made in 

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the early Christian period. 
The Jews were guilty of 

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murdering Christian babies and 
it and it was genuine 

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00:25:15,600 --> 00:25:24,640
anti-Semitism of a extreme sort 
to make these false allegations.

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But to but to contradict what we
see before our eyes and call 

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that a blood libel is itself 
something that suggests an 

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00:25:42,800 --> 00:25:49,920
unwillingness of Israel to 
accept any authority that 

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00:25:50,240 --> 00:25:57,840
challenges its policies, however
unlawful and criminal. 

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And it's done that throughout 
the occupation. 

198
00:26:02,320 --> 00:26:08,120
It has made life miserable for 
people like myself who acted as 

199
00:26:08,120 --> 00:26:14,400
special rapporteurs that were 
expected to report as honestly 

200
00:26:14,400 --> 00:26:22,280
as we could on violations of 
human rights associated with the

201
00:26:22,480 --> 00:26:27,120
Israeli occupation of the West 
Bank, East Jerusalem and Gaza. 

202
00:26:28,120 --> 00:26:36,960
So we have a situation where the
prospects of implementing A 

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00:26:36,960 --> 00:26:46,400
favorable International Court of
Justice decision against Israel 

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00:26:47,040 --> 00:26:55,080
will depend on the willingness 
of the Security Council to use 

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00:26:55,080 --> 00:27:01,120
its authority and to take the 
steps necessary to implement 

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00:27:01,120 --> 00:27:04,960
that decision. 
And once again, it will. 

207
00:27:04,960 --> 00:27:13,560
That will hinge on whether the 
permanent five members of the 

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00:27:13,560 --> 00:27:24,040
Security Council will either 
abstain or at least by and 

209
00:27:24,080 --> 00:27:34,040
thereby suspend their right of 
veto or actually vote in favor 

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00:27:34,080 --> 00:27:44,640
of implementing the findings and
the orders of the International 

211
00:27:44,640 --> 00:27:50,640
Court of Justice. 
And in the longer run, there 

212
00:27:50,640 --> 00:27:58,960
seems to be a need for some kind
of accountability procedure to 

213
00:27:58,960 --> 00:28:06,160
address these crimes, both the 
crime of genocide as perpetrated

214
00:28:06,520 --> 00:28:15,800
by Israel, and the crimes of 
complicity as led by the US and 

215
00:28:17,640 --> 00:28:25,760
supported in various ways by the
United Kingdom, France and 

216
00:28:26,280 --> 00:28:33,040
Germany. 
So this is a crisis of not only 

217
00:28:33,040 --> 00:28:41,360
conscience, but of law and of 
the protection of vulnerable 

218
00:28:41,360 --> 00:28:52,680
people in a world that is beset 
by a variety of challenges, 

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00:28:53,600 --> 00:29:01,200
including the ongoing Ukraine 
War, and is seeking a new kind 

220
00:29:01,200 --> 00:29:09,720
of way of managing power and 
security that doesn't depend on 

221
00:29:09,720 --> 00:29:20,320
the unipolar imperial authority 
that has been exercised by the 

222
00:29:20,320 --> 00:29:25,640
United States since the end of 
the Cold War and the implosion 

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00:29:25,760 --> 00:29:31,360
of the Soviet Union. 
A new phase of international 

224
00:29:31,360 --> 00:29:35,800
relations will emerge out of 
this crisis. 

225
00:29:36,880 --> 00:29:42,520
In bringing my remarks to a 
close, I would also say there's 

226
00:29:42,520 --> 00:29:50,360
a great danger that Israel will 
seek to widen the war in the 

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00:29:50,360 --> 00:29:58,040
region because it will be 
cornered politically, which is 

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00:29:58,040 --> 00:30:03,840
beginning to be evident in some 
of the violence beyond the 

229
00:30:03,840 --> 00:30:11,520
borders of Gaza itself. 
And it's cornered, because it 

230
00:30:11,520 --> 00:30:20,920
can neither prevail and 
convincingly declare some kind 

231
00:30:20,920 --> 00:30:28,760
of victory that is credible, nor
can it afford to lose. 

232
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Given the investment it's made 
in terms of its own law, the 

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lives of Israeli soldiers and 
citizens, and the damage it's 

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done to its global reputation, 
it's no longer a legitimate 

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state. 
After this form of sustained 

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behaviour, it is condemned 
almost universally and the 

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peoples of the governments that 
are condemning it are seeking to

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exert pressure for some sort of 
implementation. 

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So there is this moment of 
crisis and appeal to the peoples

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of the global W to rise in a way
that put exerts pressure on 

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their own governments to take 
international law seriously to 

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promote, at this late toxic 
stage, justice for the 

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Palestinian people. 
Let me stop there. 

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Thank you, Richard, for that 
forensic and unequivocal 

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assessment of what is happening 
at the moment in relation to the

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question of genocide. 
We'll also have many questions 

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at the end in the panel 
discussion. 

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Just strikes me the 
weaponization of the term. 

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Anti-Semitism I think is wearing
thin given what we're seeing in 

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in the Middle East at the 
moment, but that was a fantastic

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presentation.