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Daniel Machover: The ICJ ruling is a historic judgement, a game changer.
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- เผยแพร่เมื่อ 5 ก.ย. 2024
- The International Court of Justice (ICJ) recently ruled on the occupation of Palestinian territories by Israel, stating that Israel's continued presence is unlawful and calling for an end to the occupation and dismantlement of settlements. This ruling is seen as historic and significant by legal experts and the Palestinian Authority. However, the challenge lies in the enforcement of the ruling. The law has progressed, but the enforcement mechanisms are still stuck in the colonial era. To implement the ruling, individual states, civil society, and lawyers need to push for sanctions and boycotts against Israel. The ruling also has implications for the International Criminal Court (ICC) case, providing further arguments for the investigation of Israeli conduct in the West Bank.
Daniel Machover, prominent legal expert on the issue, explains it all to me today.
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The project "Viva Palestina Libre-Subtitles against the Occupation" collaborates by preparing the Spanish subtitles of several of the interviews. These are usually added 2 to 3 days after the original interview is uploaded. Every time the subtitles of an interview are available it is announced on their instagram account (@viva_palestina_libre). On their blog you can find all the subtitled interviews: memoriapresent....
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Historic moments truth finally accepted
Get real they're a gutless entity!!!!
The historical moment will be after this idiotic court is dismissed.
FOR JUSTICE FOR ALL .
Thank you gentlemen for giving us a closer understanding of ICJ rulings.
Keep up the good work.
Thanks Frank for producing this informative feedback, which helps those of us who are not quite fluent in legal lingo
From the River to the Sea Falastene will be free 🇵🇸the Truth will prevail 👌It’s a matter of time and Israel time is running out 👌👍👍👍
Thanks!
A very insightful and agreeable conversation❤❤❤South Africa
thank you for breaking it down for us.
Thank you 🙏🏻 ❤ 🇵🇸 🇵🇸🇵🇸🍉🍉🍉
Thank you both! ❤
Thank you very much for enlightening on the issue of Palestine
Encouraging!! Thanks for the updates!
اسعد حين ارى اشخاص مثقفون ويرون الحقيقه ويقفون معها ..الحمد لله الارض لازالت بخير
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When will the IDF and their leaders face criminal charges?
The UK is holding the ICC's arrest warrants up!!! Shameful behaviour.
You mean hamas and hamas leaders hiding in Qatar?
Well, not in this world where they've bought and paid for all western leaders. Don't hold your breath.
But they will eventually when they face their maker, cause there, there is no favouritism or special privilege or chosen ppl
You pay for your deeds, point
@honeyho9890 no, your terrorist leaders of the apartheid entity in stolen Palestine
No you no want he meant ..obviously to you mass murder ,war crimes ..Means nothing ..what type of killer don't you support ?
The RULING of the ICJ should be IMMEDIATELY be IMPLEMENTED 🤲🤲🤲👁️👁️
Why? Quilty for defending his country and people?
Yeah why
Yes......"This should take place immediately..... without delay!"
Thank you for this analysis on the implications of the ICJ ruling! Brilliant! A further discussion on the colonial enforcement system and how to dismantle that would be great 👍 really appreciated also the illuminating aspects on the implications of the ICJ on the ICC 😊
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Thanks Frank 👑🍀👑
Thank you.
Any fool could see this. Why would it need a bunch of lawyers to say something that wouldn't make any difference to Benzion Mileikowsky anyway?
Bc he cannot be allowed to continue his murders...
@@theresabarzee1463He just follows the orders.
This is a long running struggle that began in 1947/1948 or even prior to that.
I would be happy to see all the culprits in jail tomorrow but that's unlikely.
Now we need to keep on.
Yeah, I don't understand what is particularly historic about this compared to all the previous rulings.
What’s your alternative solution?
Many thanks to Michael and Frank for needed clarification of the ruling and ramifications. I listened to the Court's ruling but there was so much to filter through. This is the best discussion so far that I've heard.
Thank you gents!
That's crystal clear.
Thanks for enlightening me.
Great session!
Excellent discussion guys- your expertise is appreciated.
Excellent segment.Thank you
The 7th October would never have happened if the European zoinest had to stay in Britain where they came from 😳 what is the European zoinest doing in the middle east 😳 Netanyahu was from Poland 😳
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Thank you
We let our politicians know we demand our countries domact in good faith to enforce this ruling immediately.
There's only a few holdouts. We all know who.
Wonderful discussion of this most recent and earth-shaking opinion by the ICJ! Thank you!
' Earth-shaking ' non-binding ICJ advisory opinion, read out by the former UN ambassador of Apartheid Lebanon😅😅😅
@@Jouantiese Glad you are getting a chuckle out of all of this. When it comes to "apartheid, genocide, cruel, inhuman and sadistic behavior, NOBODY takes a back seat to Israel!
They don't think anything applies to that lunatic state...47000 businesses already bankrupt...
Thanks, Frank for yet another very informative Interview with an excellent expert! Perhaps you could explore on another occasion to what extent this ICJ ruling might set a precedence and legal framework in the case of the Israeli occupation of the Golan Heights.
I see this as a domestic violence case, how I wish we had a real Police force and Safe Houses. Lets have faith in humanity in general. Things can change quickly.
UN PEACEKEEPERS?? IDK really. Just musing
Excellent interview 👏 Very insightful.
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A tiny ray of light 🙏🏻
Thank you so much Daniel and Frank for helping the rest of us to better understand this ❤ Also greetings to Daniel’s dad - for being on the right side of history for so long and helping to raise this amazing lawyer!
Thank you both very much for your great work and your resilience! All the best
Weeping. "Steategic optimism." Hell yes. And sreategic courage. Which must be contagious, more than ever before. We, humanity can MAKE it binding! BDS.
Forever ❤❤
strategic activism is what's needed now
As Joanna Macy and Chris Johnstone put it with respect to biosphere d3s7roc7lon: Active Hope.
Hope on its own is unhelpful. Taking action without deep time perspectives and some degree of optimism in the face of overwhelming indications that it’s all for nothing leads to disillusion, exhaustion, burnout. Which won’t bring about even minimal change for the better either.
BDS
great discussion
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Thank you gentlemen for this show.
Thanks
8:00 186,000 is the Lancets conservative estimate. It could be much more than that.
Very insightful, thank you. Would rewatch to take it all in.
18:00 Strategic optimism…. Yes I am listening to the Palestinian friend. What disturbed me about this interview is Frank’s pretty consistent pessimism. I see this all the time. Thank you to the interviewee for your optimism and your sense of direction. I get so sick of how negative people are despite this situation, which in fact gives these z10’s what they want is cowed fear and helpless ineptness. This ruling is epic. 22:00 For ALL states. For ALL states, selling arms etc…. Rendering air or assistance!!! Thank you
* aid. (But Air too!)
Hear, hear.
Frank a pessimist? Have you any knowledge of his work? He’s doing his job as a journalist, bringing up exactly those silly points you claim to be sick of hearing in order to help people like you respond to them whenever you hear them. What’s not clear about that in this interview?
Great podcast
Thank you both, keep up the good work
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Thank you ICJ.🇺🇸
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A hacker changed what I wrote in four places to make mistakes in my comment.
I wrote "organisations". No apostrophe.
I made a space between "Israel has".
I wrote "contravention"
not "contraception".
"the" not "thr".
Genevieve Forde
Get out now it’s not your country!!
Back to Europe
It has been Jewish territory for thousands of years. The Arabs should leave.
Non binding. A failure to acknowledge Israeli grievances would never stand if challenged.
Justice pour le peuple Palestinien à Gaza et en Cisjordanie, Jérusalem capitale internationale🇵🇸🇵🇸🇵🇸🇵🇸✊✊✊✊🩷🩷🩷🩷🕊️🕊️🕊️🕊️🕊️
Sorry, but the ICJ ruling doesn't mean anything if states aren't willing or able to enforce its judgements. Just like the ruling to end operations in Rafah, or prevent Genocide. What did the Isra3lis do? They doubled down. The Europeans are largely controlled by Zi0nst money, so don't expect anything soon. Even Ireland has only made symbolic gestures at this point, and they are most sympathetic to Palestinian cause among European countries.
The populations everywhere have to keep harassing their governments. The way the encampments and rallies are being shut down implies the people can have effect.
Just as well there are many more states on this planet then. As Daniel points out, many Global South countries, led by South Africa, will do the right thing most likely. And this ruling makes it harder for the US etc to keep bullying them into not taking such action.
No expert expected the Rafah ruling to do anything other than lead to increased misery. As Daniel notes, things will get worse still before they get better.
It’s about the long term strategic optimism perspective. As was the case with the decades-long struggle in South Africa. Every step makes a difference, including this Advisory Opinion.
Great talk, zionism is dying
It can't come quick enough. 😅
Jurists, UN member States (even the USA), the UN Assembly, the UN Security Council, and experts worldwide, have always stated that the occupation of the West Bank was illegal and the UNSC declared that there is a State obligation not to collaborate in any way with illegal settlements. I don't find any of this is new. Even the US government has never denied this. At best, the court's line about how Israeli must leave the West Bank may shock some, but it was already implied by the illegality of the occupation stated by the UN for over 50 years. UNSC resolutions are binding and the court just summarized what had already been determined and ordered a lone time ago. The Israeli government denied everything. Nothing has changed.
Except huge awareness by way of internet. Now we know it-all, every minute of every day...
A thing that's changed is Isrl stopped bothering a while ago to deny etc and said to the world, the UN and courts: FU. Now that is made unavoidably clear.
What makes you more knowledgeable about this than Daniel Machover? What are your qualifications and experience for making a different assessment? We’re not talking opinions here.
@@rdklkje13 Who are you talking to? I did not write an opinion (well, except at the end when I say "Nothing has changed"): I summarized what jurists worldwide know and say, what the UN AG and UN SC have stated many times, including by a yearly resolution, what even the US gov. does not deny. Which has logically been re-confirmed by the ICJ.
If I named my credentials, you would not believe me. On TH-cam, that is usually the reaction I get, and who I am does not matter in the face on the entire international community stating the same thing over and over again for decades.
With no protection of defensless Palestinians is disgusting. Not even children are being protected this is just unacceptable in a society of moral standing. Where are the bias, racism is the root of these and prpaganda. We mustt overcome and help the Innocence
Thanks Frank and Daniel. Very informative interview. I can see the pain you are experiencing Frank during this traumatic time but it was nice to see you smile briefly. In solidarity from Scotland ❤️🖤🤍💚✊️✊️✊️🇵🇸🇵🇸🇵🇸
To those who say the ruling is non-binding, isn't it the case that it is binding? The problem is that it is unenforcible if the US continues to veto security council resolutions.
11:30 Excellent point about how sanctions were brought against South Africa
Un-recognise Iz.ra.el. Undo the illegal and unjust decisions you made.
💯
Brasil here 🇧🇷🇧🇷🙏🇪🇭
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🇵🇸FREE PALESTINE🇵🇸
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Great content thank you
But still no UN condemnation of October 7 or call for the release of the hostages.
Excellent interview. Please remind your subscribers to check their subscription regularly. I was unsubscribed from your channel by TH-cam twice.
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commenting for the algo ❤
I can't imagine things getting ANY worse for Palestinians than they already are...
Respect Frank
A very hopeful assessment of the ICJ judgement from Israeli- born British lawyer, Daniel Machover, the co-founder in 1988 of Lawyers for Palestinian Human Rights!
"An historic judgement", Daniel said, which can be implemented, despite the likely US veto at the UN Security Council, if individual countries and human rights and other organisation's, as well as the General Assembly of the UN, each carry out their legal obligations according to the judgement and implement boycott, diverstments and sanctions (BDS) against Israel, (as happened against South Africa to bring about the end of apartheid there) - if it fails to exit all Palestinian territories which it currently occupies, in accordance with the ICJ judgement!
The Palestinian Ambassador to the UN, Riyad Mansour, said after the judgement was issued two days ago that he would be working on a most magnificent resolution (not the exact words but that is the gist)
Unfortunately it’s not going to make any difference because of the US
We need more people like Daniel.
Thank you Frank & Daniel...brilliant insight into the ruling's key points. I don't see collectively all the nations will do anything at once, rather I hope individual countries start taking action, creating a momentum, like a snow ball at the top of a mountain which becomes an avalanche and when nations that don't are called out as complicit and punished. InshaAllah.
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Implementation should happen now too much talks and laws!
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This "powerful" court only has PR "power." This this conversation is here, and not in international headlines and "breaking news" segments. Thus the conversation proceeds to discuss how activists in various countries have to work to convince those countries to go back to that the BDS idea. That is, treat Israel as we treated South Africa years ago, which caused them to turn over their country to the Black African population rule, which has tragically been crumbling ever since. Happily, strong resistance to repeating that kind of world blockade and aim at Israel is in place here in the US, and I hope in many other countries, too.
B
D
S
Forever
Thank you both
Thank you Frank. Best regards,
UTTER NONSENSE IN EVERY RESPECT.
Colonialism is not a thinking machine, nor a body endowed with reasoning faculties. It is violence in its natural state, and it will only yield when confronted with greater violence.”
These words are from Martiniquais psychiatrist and political philosopher Frantz Fanon,
BDS apartheid Israel ....
Long Live Palestine! ....
Long Live Resistance ...
Excellent Analysis.
We must put these orders into action immediately! I appreciate ICJ 15 top intelligent international judges for this just judgement, Isreal must stop it's law breaking and apartheid and discriminatory killing of Palestinians now!
Upright person 🙏
Where are the arrest warrants for Biden and Starmer?
What are the key states that Daniel refers to for activists to lobby?
Just a point about what 'Advisory Opinions' are, and them being 'non-binding'. I see lots of apologists/news anchors emphasizing and leading with that, as if the ICJ ruling is just a suggestion and legal vibing. That is a mischaracterization. 'Non-binding' has a specific meaning, and there are also other legitimate senses of political/legal obligation that arise from Advisory Opinions.
There are two kinds of cases the ICJ can hear, 'Contentious' cases (e.g. [South Africa] v. [Israel]) and 'Advisory' cases (with the long descriptive names). Contentious cases are submitted by the states in dispute, with higher thresholds for jurisdiction and generally require consent of the parties. They are to do with circumscribed disputes that exist between those parties, and the ruling is said to be 'binding' on them because Art 94(1) of the UN Charter requires States "to comply with the decision of the ICJ in any case to which it is a party," and 94(2) directly allows for Security Council resolutions to ensure compliance (but keep in mind they can still be vetoed anyway). Advisory cases are submitted by the UN Security Council or General Assembly, in order to generally clarify the international law/status of broader issues to do with the law itself, but because there are technically no parties to the case, Art 94 is not engaged and so it could be said they are non-binding by default.
But that does not make Advisory Opinions mere suggestions or optional. The law that comes out of ICJ Advisory Opinions is the globally authoritative precedent/interpretation of international law for all UN Member States and international legal bodies. For instance if the ICJ interprets something comes under a 'preemptory norm' (mandatory legal principles that can have no exceptions), what follows can be considered 'binding' on all states, like in this case where they found self-determination is a preemptory norm and its fulfillment cannot be subject to conditions of the occupier (i.e. Oslo). Or that facts of Gaza after 2007 amount to occupation, that is a 'binding' interpretation which puts it under the Law of Occupation/Geneva Convention. And given the ICJ found a violation of Article 3 of the CERD Convention (i.e. apartheid), that becomes the official interpretation of Art 3 for all ratifiers of CERD, which then engages all the obligations (and any enforcement mechanisms) that flow from that legal instrument. The same goes for the Rome Statute and ICC, the ICC has to follow the ICJ's interpretation of the legal (ir)relevance of Oslo, and so totally negates the UK's wacky objection that Oslo precludes jurisdiction because 'Palestine already delegated its criminal jurisdiction to Israel' (there can be no exceptions to the preemptory norm of self-determination).
It also affects all domestic regimes and their incorporation/use of international law. Keir Starmer made releasing legal advice of the UK gov about arms sales to Israel and compliance with International Law a major election issue (licensing compliance with IL is also a part of domestic UK law). It’s hard to overstate how much he has staked his whole personal/government brand on following/'respecting' International Law. Starmer/the gov has constantly dodged questions by saying “these are legal issues for a court to decide” and exploiting vague aspects of International Law. Now that the ICJ has provided authoritative clarity, Starmer has painted himself into a corner of indisputable hypocrisy. He technically could say the gov is not directly required to comply with the ruling via Art 94 of the Charter, but he cannot deny any of the ICJ interpretations themselves (e.g. that there is a system of apartheid), which are no longer up for debate, and which may give rise to binding obligations through other means. Whether that is in the bodies/treaties that a State is party to that are impacted, leverage for negotiations, areas of domestic law that incorporate international law, and any political weight/mechanisms that are tied to compliance with international law, all of which are irrelevant to Art 94 per se. The EU (itself a creature of international law) also heavily/procedurally incorporates International Law, with major implications.
Ultimately all International Law is a game of battling sources, instruments, and interpretations amongst states, but the ICJ interpretation trumps them all. The particular obligations and enforcement will come down to the specific reasoning/arguments relied on in the Advisory Opinion, and the ancillary treaties/norms/bodies of law that are brought into play. But just saying a case is 'advisory' and 'non-binding' as a whole in the colloquial sense, is not a valid argument. At best it's not the full picture, at worst it's utterly misleading.
Justice is now an imperative!
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BDS apartheid State ....
Long Live Palestine! ....
Long Live Resistance ...
There never was and never will be an ISRAEL !!! It is and remains PALESTİNE 🇵🇸🇵🇸🇵🇸
Thanks for a very informative discussion. This is great news. ❤❤❤🇵🇸🇵🇸🇵🇸
❤
The ruling of the ICJ is irrelevant. HAMAS isn't listening, therefore the war goes on.
Send several armies
or they will NOT STOP.
Thanks south africa for your courage while a coward world simply did nothing to stop genocide
How much did Iran pay for Africa's co operation? Plenty.
Are Germany, England and America going to leave global bodies and withdraw from international conventions?
Well, they can try. But, it would be the wrong move in the medium to long term. It would hasten their decline and enhance their irrelevance on the global stage. 😮
Worked for lawyers all my adult life. They used to laugh at the idea of justice in the court system. It’s all in the spin. thumbs down. 👎
Disgusted!!!!May God forgive us. We deserve everything that comes our way. Sorry
The non-binding ICJ advisory opinion, read out by the former UN ambassador of Apartheid Lebanon - locally -born Palestinians are denied citizenship - is indeed a gamechanger: Congress may simply shut it down..
So far, but human beings can also do positive change for humanity. No?
Guy take a good glass of wine
Its nothing no impact
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No it's not.
What might Israel do with "As soon as practicable?"
Nothing ...US is protecting and funding the genocide
Endless procrastination might not work after this.
🇵🇸 🇬🇧 🇵🇸