WEBVTT 1 00:00:04.200 --> 00:00:19.559 Thank you for listening to Pictures Media Radio. Welcome to Policy and Rights, 2 00:00:21.160 --> 00:01:03.920 the show about the government, Policy and human rights. Welcome back to Policy 3 00:01:03.959 --> 00:01:07.120 and Writes. Here in Depictions of Media Radio. I'm your host Michael Kloggs 4 00:01:10.079 --> 00:01:12.760 in a sect saying we're going to go back to the International Court of Justice 5 00:01:14.159 --> 00:01:23.319 as their continuing hearings on Israel and Palestine. What Israel's policies are as a 6 00:01:23.359 --> 00:01:30.280 government in dealing with Palestine, not only Gazo but all of Palestine with respects 7 00:01:30.319 --> 00:01:40.760 to colonialism and occupation and settlements. We're going to hear some arguments for a 8 00:01:41.480 --> 00:01:49.359 two state solution and other policies that could be instituted to maybe help settle a 9 00:01:49.400 --> 00:01:57.519 peace and help Palestine find sovereignty. There are some questions about is Israel trying 10 00:01:57.560 --> 00:02:02.760 to prevent Palestine from having sovereignty? And what are the real policies in dealing 11 00:02:02.840 --> 00:02:15.120 with the Palaestinian people and the settlements that are developed in the Palestine's Palestinian territories. 12 00:02:17.599 --> 00:02:25.879 How far is it that Israel is going to be allowed to go with 13 00:02:27.080 --> 00:02:37.439 settlements and corraling in the Palaestinian people. So we're going to hit this next 14 00:02:37.479 --> 00:02:46.840 segment is is Kuwait making statements about what is happening there, and according to 15 00:02:46.879 --> 00:02:53.039 the rules of the presentation for the court itself and to keep things timely, 16 00:02:53.280 --> 00:03:02.280 the presentation itself is going to be thirty minutes, and it is advise and 17 00:03:05.719 --> 00:03:10.479 uh strictly here to to keep to that. With that thirty minutes, they 18 00:03:10.479 --> 00:03:15.479 don't allow for a lot of overtime. So in the next thirty minute segment, 19 00:03:15.520 --> 00:03:25.520 you're gonna hear testimony from legal minds in Kuwait as they talk about different 20 00:03:25.599 --> 00:03:42.400 issues around colonialism and the policies that israel Is is imposing on Palestine. And 21 00:03:42.599 --> 00:03:49.960 we're gonna hear some parallels being drawn with different other areas where sovereignty was given 22 00:03:50.000 --> 00:03:55.879 through through this particular court to different areas around the world. So why don't 23 00:03:55.879 --> 00:04:02.599 we listen in and as we as Kuwait makes testimony at the International Court of 24 00:04:02.840 --> 00:04:19.199 Justice. So the Court meets this afternoon to hear quait Lebanon, Libya, 25 00:04:19.759 --> 00:04:27.079 Luxembourg, Malaysia and Mauritius on the questions submitted to it by the United Nations 26 00:04:27.160 --> 00:04:33.720 Javre Assembly. Let me one more time recall that each delegation is kindly asked 27 00:04:33.759 --> 00:04:41.800 to respect the thirty minute time allocation for its presentation this afternoon. The Court 28 00:04:41.839 --> 00:04:46.959 will observe a short break after the presentation of Libya. I shall now give 29 00:04:46.000 --> 00:04:53.600 the flow to the Plant of Kuwait. His Excellency Mister Ali Ahmad Braheim al 30 00:04:53.680 --> 00:05:06.319 da Fried, You have the floor, Excellency Rahim, as the President, 31 00:05:06.639 --> 00:05:12.959 Honorable members of the Court, it is a great honor to appear before you 32 00:05:13.639 --> 00:05:18.319 as the agent of the State of Kuwait and these proceedings. Kuwait deeply appreciate 33 00:05:18.839 --> 00:05:26.439 the extraordinary offered taking by the Court to all others hearing to proceed smoothly in 34 00:05:26.560 --> 00:05:32.199 light of the great number of participants. The Court advisory proceedings are of extreme 35 00:05:32.319 --> 00:05:39.399 importance to the Bostilian people, Kuwait, the international legal order, and the 36 00:05:39.439 --> 00:05:47.040 international community as a whole. Kuwait has always advocated that peace fosters the observance 37 00:05:47.079 --> 00:05:54.959 of law and vice versa. Adhering adherence to dieted National Charter is an indispensable 38 00:05:55.279 --> 00:06:03.920 prerequisite for the definitive establishment of national peace. Indeed, peastful relations are founded 39 00:06:04.319 --> 00:06:10.879 on accepted rules and as as such, peaceful relations among the states are based 40 00:06:11.120 --> 00:06:16.480 on the provisions of the United Nations Charter. These include, notably the principle 41 00:06:16.560 --> 00:06:23.879 of no news of force and the peaceful settlement of disputes. These rules apply 42 00:06:24.279 --> 00:06:30.560 to all states. Respect for these fundamental rules contribute to the consolidation of international 43 00:06:30.680 --> 00:06:38.879 peace. Regardably, the above mentioned foundational rules have not been upheld in the 44 00:06:38.879 --> 00:06:46.399 case of Palestine. The conflict between the Palestinian and Israel, hereafter referred to 45 00:06:46.439 --> 00:06:54.839 as the Accubying Bower, is an illegal accubation conflict involving on one side an 46 00:06:54.839 --> 00:07:00.720 accubying bower equipped with all military means, and the other side an occupied nation 47 00:07:01.319 --> 00:07:10.319 without defensive capabilities, facing daily expulsion, human rights violation, and all sufferings 48 00:07:10.519 --> 00:07:16.160 associated with any accuvation situation. Over the bust decades, situation between the ballot 49 00:07:16.160 --> 00:07:24.319 Senians and the occupying Bower has been extremely tense, resulting in a serious human 50 00:07:24.439 --> 00:07:30.920 right law and human enial law violation committed by the letter. Various untur governmental 51 00:07:30.160 --> 00:07:41.680 and non governmental organization organizations have committed have decammented these violations by publishing comprehensive reports. 52 00:07:43.399 --> 00:07:50.839 This climate of violence compromises any possibility of reasonably discussing ratiootistic This is further 53 00:07:51.839 --> 00:08:00.279 exacerbated by the recent development in Gaza. The occupying bower has ways and in 54 00:08:00.319 --> 00:08:07.319 the war on the Balestinians and Ghazam, characterized by numerous international law violations. 55 00:08:07.600 --> 00:08:15.480 The ongoing flagrant violations have been highlighted in a series of statement issued, among 56 00:08:15.560 --> 00:08:20.560 others by the Yuan Secretary General, the Yuan High Commissioner for Human Rights and 57 00:08:20.639 --> 00:08:28.040 the Special Procedures of the Yuan Human Rights Council then presented violence and gaza as 58 00:08:28.079 --> 00:08:35.960 a result of fifty seven years of a legal occupation of the Balestinian territories and 59 00:08:35.519 --> 00:08:54.480 it must stop. The late a mirror of the set of Kuwait, His 60 00:08:54.639 --> 00:09:13.799 High chehah MEDL Jabber Sabah sabaize this situation in twenty eighteen by stating, we 61 00:09:13.919 --> 00:09:30.679 asked the whole world by stating, God, we sorry, mister pison God, 62 00:09:31.559 --> 00:09:37.000 why do we ignore I do not eplement Security Council resolutions? Why we 63 00:09:37.360 --> 00:09:43.840 ask the whole world? Why the Brazilian people blight continues? Why the international 64 00:09:43.840 --> 00:09:50.399 community incapable of resolving this cause? Why does the victims continue to be portrayed? 65 00:10:00.200 --> 00:10:16.600 H h yeah, m hm, m hmmm. Why does the victim? 66 00:10:16.600 --> 00:10:20.240 Why does the victim continue to be portrayed as a killer. According to 67 00:10:20.279 --> 00:10:31.960 Result's nerds. Why does is why I always escape punishment? Why have all 68 00:10:33.039 --> 00:10:45.200 these souls been lost? A bid absence of word conscious? Sorry, mister 69 00:10:45.279 --> 00:10:50.600 President, that's a president, Distinguished members of the Court. It is in 70 00:10:50.679 --> 00:10:56.039 this context that Quates appears for the first time before the Court, following the 71 00:10:56.080 --> 00:11:07.840 adoption by the Young General Assembly of the seven seven two four seven, the 72 00:11:07.960 --> 00:11:13.039 questioning the Court to deliver an advisory opinion on two legal questions. The first 73 00:11:13.120 --> 00:11:20.679 question asked the Court to evaluate the illegality of the occupying bobbers specific policies and 74 00:11:20.840 --> 00:11:28.279 actions within within its occupation of the Balistonian territories, while seeking the Court's determination 75 00:11:28.759 --> 00:11:37.000 of irresponding legal ramification. The second question addresses a cour issue, has the 76 00:11:37.039 --> 00:11:43.519 eccuation become illegal? Quate with demestery the illegality of this accupation under scoring the 77 00:11:43.600 --> 00:11:48.879 necessity of its cessation. Mister President, ornamble members of the Court, My 78 00:11:48.000 --> 00:11:56.759 distinguished Police will now address this issue in these issues in a great and greater 79 00:11:56.879 --> 00:12:07.600 depth. Second verse has excellency versus Excellency Ambassador tar Alban Nai Burmet, Representative 80 00:12:07.679 --> 00:12:11.159 of Kuwait, to the end will address why the Court does have the addiction 81 00:12:11.600 --> 00:12:16.600 to deliver the advisory opinion the question by the u Entiary by the and General 82 00:12:16.600 --> 00:12:24.480 Assemble Assembly. He will also highlight certain legal practices and policies of the occupying 83 00:12:24.519 --> 00:12:33.200 bower. Second, Her Excellencitanian Nasa Assistance, Foreign Minister for for Legal Affairs 84 00:12:33.720 --> 00:12:39.000 of Kuwait, will start by enumerating the grounds proving the illegality of the occupation 85 00:12:39.519 --> 00:12:46.639 of the Balestinian territories, hereafter refaired as to us the obit. She will 86 00:12:46.720 --> 00:12:52.320 then focus on the legal consequences arising from the breaches of those fundamental rules, 87 00:12:52.679 --> 00:13:00.440 and finally, she will provide the Court with a certain concluding remarks. President, 88 00:13:00.559 --> 00:13:03.000 Honorable members of the Court, for the privilege of admitting before you, 89 00:13:03.480 --> 00:13:07.200 and now kindly ask him. It's a president to invite Ambassador Alban nine to 90 00:13:07.320 --> 00:13:13.240 address the Court. I think his excellency mister as the fury. I now 91 00:13:13.320 --> 00:13:18.440 give the floor to the Excellency mister Alban Nin. You have the floor, 92 00:13:18.519 --> 00:13:28.200 Excellency, Miss President, Honorable members of the Court, it is a tremendous 93 00:13:28.279 --> 00:13:33.919 honor and privilege to appear before you on behalf of the State of Kuwait. 94 00:13:35.519 --> 00:13:43.519 Twenty years have passed since the Seminole Wall Advisory Opinion today in these current proceedings, 95 00:13:43.159 --> 00:13:50.519 the question of the illegality of the occupation of the Palestinian territory is directly 96 00:13:50.840 --> 00:13:54.879 before the Court. With your permission, I turn now to my first topic, 97 00:13:56.679 --> 00:14:03.919 focusing on whether the Court has jurisdiction to render the advisory opinion requested. 98 00:14:03.840 --> 00:14:11.480 In Quate's view, the answer is a categorical yes. Indeed, the majority 99 00:14:11.519 --> 00:14:18.639 of submissions in these proceedings argue in favor of the Court's jurisdiction. Article sixty 100 00:14:18.679 --> 00:14:22.559 five of the Statute of the Court provides that the Court might render an advisory 101 00:14:22.639 --> 00:14:28.039 opinion and I quote on any legal question at the request of any organ or 102 00:14:28.159 --> 00:14:35.799 institution authorized by the Charter of the United Nations, or in accordance with its 103 00:14:35.840 --> 00:14:43.039 provisions to request such an opinion. In turn, Article ninety six of the 104 00:14:43.159 --> 00:14:48.039 UN Charter quote, the General Assembly or the Security Council may request the International 105 00:14:48.120 --> 00:14:54.960 Court of Justice for an advisory opinion on any legal question quote. In practice, 106 00:14:56.399 --> 00:15:03.000 it is primarily the General Assembly that has most frequent utilized this procedure to 107 00:15:03.120 --> 00:15:07.799 date. After all, when the General Assembly decides to request the Court to 108 00:15:07.960 --> 00:15:15.200 deliver an advisory opinion, this means that the request reflects an important concern of 109 00:15:15.320 --> 00:15:20.960 the international community seeking a legal answer. The Court itself observed that the General 110 00:15:20.960 --> 00:15:28.080 Assembly, within the scope of its peacekeeping responsibilities, has a broader perspective than 111 00:15:28.159 --> 00:15:33.480 that of the Security Council, as it also considers humanitarian, social and economic 112 00:15:33.600 --> 00:15:41.399 aspects. An attentive look at the Court's jurisprudence points to the fact that quote, 113 00:15:41.279 --> 00:15:46.840 only compelling reasons may lead the Court to refuse its opinion in response to 114 00:15:46.879 --> 00:15:54.399 a request falling within its jurisdiction unquote. Although the Court has the discretionary power 115 00:15:56.000 --> 00:16:00.159 to refuse to respond to a request for an advisory opinion for reasons of judicial 116 00:16:00.600 --> 00:16:07.559 propriety, it has not availed itself of this option thus far. In the 117 00:16:07.799 --> 00:16:14.240 present case, it is incontestable that the questions included in the relevant General Assembly 118 00:16:14.320 --> 00:16:22.240 resolution are clearly specific questions of legal character. Any attempt to qualify them as 119 00:16:22.399 --> 00:16:29.080 nonspecific or non legal should fail. It is worth noting that the Court in 120 00:16:29.200 --> 00:16:34.720 the Wall Advisory Opinion rejected similar attempts in essence. In the Wall Advisory Opinion, 121 00:16:36.240 --> 00:16:41.759 the central issue revolved around the construction of the wall and its impact on 122 00:16:41.840 --> 00:16:47.519 the right to self determination of the Palestinian people. Twenty years later, the 123 00:16:47.679 --> 00:16:53.759 context has broadened substantially. The Court is now tasked with determining the legal status 124 00:16:55.120 --> 00:17:00.639 of the ongoing occupation of the occupied Palestinian territory since nineteen sixty seven, given 125 00:17:00.759 --> 00:17:07.279 its persistence for over fifty seven years. Prior to addressing the next topic, 126 00:17:07.519 --> 00:17:15.240 I feel compelled to briefly refer to an argument certain states have made, fallaciously 127 00:17:15.640 --> 00:17:22.079 alleging that the issuance of an advisory opinion might undermine ongoing negotiations and peace processes. 128 00:17:22.960 --> 00:17:27.640 This argument, Mister President, Honorable Members of the Court, is groundless 129 00:17:27.720 --> 00:17:34.680 and without merit. Quait has always underscored the importance of resuming peace negotiations with 130 00:17:34.839 --> 00:17:41.319 a view of reaching a just and comprehensive peace based on the terms of reference 131 00:17:41.400 --> 00:17:45.920 of the peace process, the resolutions of the Security Council and the Arab Peace 132 00:17:45.960 --> 00:17:52.480 Initiative. However, the relevant UN resolutions and the Wall Advisory Opinion may clear 133 00:17:53.240 --> 00:18:00.640 any negotiations that take place must have as their objective the achievement of a just 134 00:18:00.200 --> 00:18:07.680 and lasting peace in accordance with international law. The Court has an important role 135 00:18:07.759 --> 00:18:14.160 to play in this regard by stating what the applicable rules of international law are 136 00:18:15.000 --> 00:18:21.200 including the rights and obligations of the relevant parties, all States and the United 137 00:18:21.279 --> 00:18:27.000 Nations. This is exactly the first purpose of the UN General Assembly resolution requesting 138 00:18:27.079 --> 00:18:33.720 the Court to deliver an advisory opinion. By doing so, the Court may 139 00:18:33.799 --> 00:18:40.640 in fact help revive negotiations and inspire a return to a peace process premised on 140 00:18:40.880 --> 00:18:48.000 international law. After all, the Court's advisory opinions shed light on complicated legal 141 00:18:48.079 --> 00:18:56.599 issues, appeasing tensions, uncertainties and potential disputes. Mister President, Honorable Members 142 00:18:56.759 --> 00:19:02.759 of the Court, I will now address our second topic, providing you with 143 00:19:02.880 --> 00:19:08.680 examples of the occupying powers, unlawful and egregious policies and practices in the opt 144 00:19:10.839 --> 00:19:15.400 In the interest of time, I will limit my presentation to three policies which 145 00:19:15.480 --> 00:19:22.319 demonstrate the true nature of the illegal occupation. The first is forced displacement, 146 00:19:22.599 --> 00:19:30.160 the second relates to the illegal settlements on and the annexation of the Palestinian territory, 147 00:19:30.920 --> 00:19:37.279 and the third is discrimination at a scale and nature that amounts to appetite. 148 00:19:38.400 --> 00:19:45.720 The remaining issues were discussed thoroughly in the written submission of Kuwait in the 149 00:19:45.839 --> 00:19:52.160 nineteen forty eight NECBA seven hundred and fifty thousand Palestinians were forcibly displaced, and 150 00:19:52.319 --> 00:20:00.279 since then millions more. The situation has deteriorated exponentially. Since the illegal occupation 151 00:20:00.440 --> 00:20:07.160 started in nineteen sixty seven, the occupying power has engaged in a forced displacement 152 00:20:07.319 --> 00:20:15.920 campaign against the Palestinians by demolishing their homes and confiscating their lands. Force displacement 153 00:20:15.119 --> 00:20:22.240 violates international law. The occupying power is under the obligation to ensure that its 154 00:20:22.279 --> 00:20:29.519 operations in the OPT comply with the Forced Geneva Convention of nineteen forty nine relative 155 00:20:30.359 --> 00:20:37.039 to the protection of civilians persons in time of war to which it is a 156 00:20:37.160 --> 00:20:45.119 party. Article forty nine of this convention clearly prohibits quote forcible transfers individual or 157 00:20:45.240 --> 00:20:55.640 mass, regardless of their motive, quote, which includes forced displacements as well 158 00:20:55.680 --> 00:21:03.160 as expulsions from the OPT. Furthermore are Article fifty three of the same instrument 159 00:21:03.759 --> 00:21:11.160 prohibits the destruction of property. Finally, under Article one four seven, illegal 160 00:21:11.240 --> 00:21:18.839 transfers, destruction and appropriation of property carried out on a large scale is prohibited. 161 00:21:19.839 --> 00:21:26.000 As Kuwait explained in its written submission, the occupying power has also committed 162 00:21:26.400 --> 00:21:30.839 other grave violations of international law, including the policy of settling parts of its 163 00:21:30.880 --> 00:21:41.200 population in the opt This unlawful policy has and continues to be deplorably promoted by 164 00:21:41.279 --> 00:21:47.039 the successive governments of the occupying power. Since nineteen sixty seven, the occupying 165 00:21:47.079 --> 00:21:55.319 power has embarked on an intensive campaign of colonization. Some settlements consisted of just 166 00:21:55.400 --> 00:22:00.119 a few prefabricated houses, while others expanded to become fully fledged small towns. 167 00:22:02.000 --> 00:22:07.599 In early twenty twenty three, there were around seven hundred and thirty thousand Israeli 168 00:22:07.680 --> 00:22:12.160 settlers and over two hundred and eighty Israeli settlements in the occupied West Bank, 169 00:22:12.680 --> 00:22:21.480 including two hundred and thirty thousand settlers in East Jerusalem. These settlements are sustained 170 00:22:21.519 --> 00:22:27.200 by a network of military checkpoints and restricted zones, as well as Jewish only 171 00:22:27.400 --> 00:22:36.599 roads and highways, all of which limit gravely the lives and livelihoods of Palestinians 172 00:22:37.960 --> 00:22:44.160 and violate their fundamental human rights. Both the construction of settlements and the transfer 173 00:22:44.240 --> 00:22:48.680 of settlers to the West Bank and Razze are grave violations of international law, 174 00:22:49.440 --> 00:22:55.400 in particular Article forty nine of the Fourth Geneva Convention, which states that I 175 00:22:55.519 --> 00:23:02.359 quote the occupying power shall not deport or tryans for parts of its own civilian 176 00:23:02.440 --> 00:23:08.279 population into the territory it occupies. It is also noteworthy, Mister President, 177 00:23:08.920 --> 00:23:14.960 that settlers in the opt are not governed by the same laws that apply to 178 00:23:15.039 --> 00:23:19.440 the indigenous inhabitants of the territory. Jewish settlers are provided with special rights, 179 00:23:21.079 --> 00:23:26.400 facilities, and subsidies that are denied to the indigenous Palestinian population. The occupying 180 00:23:26.519 --> 00:23:34.119 policy not only supports the existing settlers, but also incentivizes new settlers. The 181 00:23:34.240 --> 00:23:41.759 discriminatory policies and practice also violate the sovereignty of Palestinians over their natural resources, 182 00:23:42.400 --> 00:23:49.240 allowing the settlers and foreign companies to exploit the water and agricultural products of the 183 00:23:49.319 --> 00:23:57.200 occupied land without any benefit to the occupied population. It is widely recognized that 184 00:23:57.319 --> 00:24:04.599 the occupying power has codified its discriminatory policies and practices against Palestinians in its legislation. 185 00:24:06.559 --> 00:24:12.160 Specifically, it grants rights to Israeli Jews and systematically discriminates against Palestinians. 186 00:24:12.599 --> 00:24:19.359 For instance, the Land Acquisition Law of nineteen fifty three facilitates the alienation of 187 00:24:19.480 --> 00:24:26.640 confiscated Palestinian land for the benefit of various institutions of the occupying power Quasai public 188 00:24:26.759 --> 00:24:33.839 organizations such as the Jewish Agency, engage in material discrimination, in particular through 189 00:24:33.880 --> 00:24:41.640 the allocation of confiscated Palestinian land to Israeli Jews. Mister President, honorable members 190 00:24:41.680 --> 00:24:47.200 of the Court, thank you for your kind attention, and may I kindly 191 00:24:47.319 --> 00:24:56.960 ask that you invite her excellency to Hani al Laser to the podium. I 192 00:24:56.000 --> 00:24:59.920 think it's excellence, mister Alabana, and now i'd give the floor to the 193 00:25:00.079 --> 00:25:08.440 Excellency Missus Dahani Nasir. You have the flow of accidency. Thank you, 194 00:25:10.240 --> 00:25:15.039 mister Presidents, distinguished members of the Court. It's a great honor and a 195 00:25:15.119 --> 00:25:19.359 privilege to appear before you on behalf of of Kuwait and the written submissions. 196 00:25:19.920 --> 00:25:25.759 The great majority of a state's participating in these proceedings, along with the three 197 00:25:25.839 --> 00:25:33.519 intergovernmental organizations, concluded that the occupation of the Opit is illegal. Kuwait firmly 198 00:25:33.640 --> 00:25:41.359 agrees with this view and its threatened submission. Kuwait identified several reasons proofing the 199 00:25:41.480 --> 00:25:47.400 illegality of this occupation. I will provide a brief overview of these reasons for 200 00:25:47.559 --> 00:25:52.079 the Court. The occupation violates a series of use code and s norms. 201 00:25:52.480 --> 00:25:56.119 First, the obligation to respect the right to self determination of the Palestinian people. 202 00:25:56.640 --> 00:26:03.720 The right of people to self determinate is a writing clearly recognized in international 203 00:26:03.839 --> 00:26:08.920 law, as evidenced by several instruments, and as submitted by thirty five estates 204 00:26:10.000 --> 00:26:18.240 and international organizations participating in these proceedings. This is articulated in Article one two 205 00:26:18.400 --> 00:26:22.680 of the UN Charter, which define the purposes of the United Nations, including 206 00:26:23.319 --> 00:26:30.440 quote to develop friendly relations among nations based on respect for the principle of equal 207 00:26:32.640 --> 00:26:37.640 rights and self determination of peoples, and to take other appropriate measures to strengthen 208 00:26:37.720 --> 00:26:42.880 a universal peace. The same obligations are expressed in Article one of the International 209 00:26:44.000 --> 00:26:48.160 Covenant on Civil and Political Rights and the International Covenant on Economic, Social and 210 00:26:48.319 --> 00:26:55.319 Cultural Rights. Second, Kuway joined their participants in these proceedings, who have 211 00:26:55.640 --> 00:27:00.160 concluded in their written submission that the ongoing military occupation of the Open is illegal 212 00:27:00.559 --> 00:27:07.839 because it violates the use Cogen's prohibition on the use of force. Third, 213 00:27:07.039 --> 00:27:15.319 the occupying power by confiscating and annexing parts of the opit violates the prohibition on 214 00:27:15.440 --> 00:27:21.440 the acquisition of territory by force. This was underscored by thirty eight participants in 215 00:27:21.519 --> 00:27:27.519 the retin proceedings. This fundamental norm was incorporated into in Security Council Resolution two 216 00:27:27.599 --> 00:27:33.240 four two of nineteen sixty seven and reaffirmed in Security Council Resolution three three eight 217 00:27:33.319 --> 00:27:38.319 of nineteen seventy three. Accordingly, the occupying power does not have the right 218 00:27:38.400 --> 00:27:45.839 to claim sovereignty over the Opit occupied since nineteen sixty seven. For the occupation 219 00:27:45.079 --> 00:27:51.319 is illegal because it obviously violates the law of military occupation. For instance, 220 00:27:51.799 --> 00:27:57.000 the occupation of the Opit is not of minimal duration. Facts clearly demonstrate that 221 00:27:57.240 --> 00:28:03.839 it is intended to be prolonged and ultimately permanent. A permanent occupation constitutes a 222 00:28:03.920 --> 00:28:11.839 serious violation of international law. Based on the verifiable evidence available to us, 223 00:28:11.359 --> 00:28:17.200 it's indisputable that this is precisely what is happening in the Opit. This a 224 00:28:17.279 --> 00:28:25.359 prolonged occupation and identified violation of this of the Palestinian's right to self determination renders 225 00:28:25.839 --> 00:28:30.319 the occupation illegal. Moreover, the conduct of the occupying power in the Opit 226 00:28:30.839 --> 00:28:37.400 violates the rules of international humanitarian law. In the World Advisory Opinion, the 227 00:28:37.519 --> 00:28:44.160 Court is stated that the Fourth Geneva Convention is applicable in the occupied Palestinian territories. 228 00:28:45.160 --> 00:28:52.400 The Court also determined that the Hager relations are reflective of customary international law 229 00:28:52.720 --> 00:28:56.880 and thus applicable to the conduct of the occupying power in the Opit. Far 230 00:28:57.000 --> 00:29:03.680 from complying with the law of equips, the actions of the occupying power disregard 231 00:29:03.839 --> 00:29:10.160 international law. These actions include, inter alia, the establishment of settlements in 232 00:29:10.240 --> 00:29:15.480 the opity, confiscation of Palestinian public and a private property, and its failure 233 00:29:15.559 --> 00:29:23.079 to protect Palestinians from violence caused by state actors and private parties, including inter 234 00:29:23.200 --> 00:29:30.119 alia armed illegal settlers. Finally, the occupation violates the use Cogen's prohibition of 235 00:29:30.279 --> 00:29:36.640 apartheid. Twenty one participants in these proceedings supported this and their written submissions, 236 00:29:37.400 --> 00:29:44.359 while fourteen maintained that the situation of apartheid qualifies the occupation as illegal under international 237 00:29:44.480 --> 00:29:49.960 law. The prohibition of apartheid is evidenced and various sources of international law. 238 00:29:51.359 --> 00:29:56.480 The occupying power is bound by the nineteen sixty five Convention on the Elimination of 239 00:29:56.599 --> 00:30:02.440 All Forms of Racial Discrimination to which it is party. Furthermore, it shall 240 00:30:02.480 --> 00:30:07.839 abide by the prohibition of apartheid as enshrined in nineteen seventy three International Convention on 241 00:30:07.960 --> 00:30:15.319 the Suppression and the Punishment of the Crime of Apartheid, which codifies customary international 242 00:30:15.440 --> 00:30:21.720 law. Several voices and independence independence experts have warned that the occupation of the 243 00:30:21.759 --> 00:30:26.319 opt amounts to a regime of apartheid. For instance, in March twenty twenty 244 00:30:26.400 --> 00:30:30.440 one, twenty two, the Special Reporter on the Situation of Human Rights in 245 00:30:30.480 --> 00:30:37.440 the Palestinian Territories occupied since nineteen sixty seven and his report reached a similar conclusion. 246 00:30:37.920 --> 00:30:45.480 Kuwait respectively suggested that the above violations cannot be reconciliated with the fundamental rules 247 00:30:45.759 --> 00:30:49.319 of international law. Hence, the occupation must be declared illegal in accordance with 248 00:30:49.400 --> 00:30:55.440 international law and the relevant UN Security Council resolution. It must stop. This 249 00:30:55.599 --> 00:31:00.440 will guarantee the right of the Palestinian people to be vailable state and along nineteen 250 00:31:00.440 --> 00:31:07.119 sixty seven borders with East Jerusalem at its capital. Mister President, Members of 251 00:31:07.200 --> 00:31:11.680 the Court, the legal analysis of the question involving these advisory proceedings demonstrate that 252 00:31:11.839 --> 00:31:18.119 the occupation of the OPIT is illegal in contravention of the fundamental rules of international 253 00:31:18.240 --> 00:31:22.720 law. It has written. Submission. Kuwait did address the legal consequences arising 254 00:31:22.880 --> 00:31:27.960 from the occupying powers numerous and long standing violations of these rules. Please allow 255 00:31:29.039 --> 00:31:33.000 me to provide with this with a view do assembly. As indicated, the 256 00:31:33.079 --> 00:31:40.599 action of the occupying power and the occupation as a whole are plinarily incompatible with 257 00:31:40.759 --> 00:31:45.480 the rights of the Palestinian people and obligations of the occupying power under international law. 258 00:31:47.279 --> 00:31:52.720 It's the preaches of these rights and obligation engage the occupying powers international responsibility. 259 00:31:53.039 --> 00:31:59.119 The occupying power must therefore take several measures. First, it must provide 260 00:31:59.160 --> 00:32:05.839 Palestinians with relief in accordance with the principles of customary international law on the responsibility 261 00:32:05.880 --> 00:32:10.960 of states for internationally wrongful acts. This must be achieved through the immediate cessation 262 00:32:12.160 --> 00:32:16.960 of its illegal occupation. Second, the occupying power must give assurance and guarantees 263 00:32:17.079 --> 00:32:23.440 of non repetition of its international law violations. The occupying power shall commit its 264 00:32:24.160 --> 00:32:30.079 power shall commit itself to not repeating the same preachers in the future. Finally, 265 00:32:30.079 --> 00:32:36.359 the occupying power is under the obligation to make full reparation for the injury 266 00:32:36.440 --> 00:32:43.240 caused by its occupation and discriminatory policies and practices. As for all other states. 267 00:32:43.640 --> 00:32:47.799 There are obliged to refrain from acknowledging the legality of the situation created by 268 00:32:47.839 --> 00:32:54.319 the illegal occupation and associated illegal policies and practices. They shall also abstain from 269 00:32:54.440 --> 00:33:01.680 offering support or assistant to sustain the circumstances stemming from the lawful occupation and associated 270 00:33:02.079 --> 00:33:07.960 actions. Third, the State shall also contribute to safeguarding the Palestinian population against 271 00:33:08.039 --> 00:33:13.599 war crimes, genocide and the crimes against the humanity, and ensure that those 272 00:33:13.680 --> 00:33:19.880 responsible for crimes committed within the framework of illegal occupation are held accountable. In 273 00:33:20.000 --> 00:33:23.759 turn, the UN shall refrain from acknowledging the legality of the situation resulting from 274 00:33:24.119 --> 00:33:30.599 the illegal occupation and associated associated actions. The UN shall also refrain from offering 275 00:33:30.680 --> 00:33:36.920 support or assistant to prolong the situation, and should instead corporate to bring an 276 00:33:37.039 --> 00:33:42.279 end to the illegal corporate occupation. Mister President, Honorable Members of the Court, 277 00:33:42.440 --> 00:33:47.759 the Court's advisory opinion is now more than ever necessary to put an end 278 00:33:47.960 --> 00:33:53.200 to the illegal occupation of the opity. Kuwait has sought to concisely summarize the 279 00:33:53.319 --> 00:33:59.279 grounds for finding that the occupation is illegal as a whole, and submits that 280 00:33:59.440 --> 00:34:05.279 each ground of illegality shall form part of the Court's dispositive. We are confident 281 00:34:05.480 --> 00:34:12.039 that the Court will assess kuwait written submission and oral statement as an expression of 282 00:34:12.119 --> 00:34:15.840 its faith and justice, its support for the rule of law, and its 283 00:34:15.920 --> 00:34:20.719 desire for peace for all states in the region. Mister President, Honorable members 284 00:34:20.760 --> 00:34:25.079 of the Court, this ends kuwaits oral statement. Kindly allow me, on 285 00:34:25.199 --> 00:34:30.000 behalf of Kuwait's delegation to thank the Court for its kind attention, as well 286 00:34:30.079 --> 00:34:36.320 as the Registry staff and the interpreter for all their support. Thank you very 287 00:34:36.360 --> 00:34:44.559 much. There are a lot of questions around how should Israel be dealing with 288 00:34:45.760 --> 00:34:52.880 palasigning, and of course its neighbors around its real does and should be given 289 00:34:52.920 --> 00:35:02.159 the rate to defend itself and to keep its citizens safe. Because most of 290 00:35:04.719 --> 00:35:14.679 Israel follow the Jewish faith and religion, there should be some way of protecting 291 00:35:14.760 --> 00:35:22.719 them from those who want to strike against Israel just because of their hatred for 292 00:35:22.880 --> 00:35:30.920 Judaism. But at the same time, should Israel be allowed to impose hatred 293 00:35:30.840 --> 00:35:42.920 on other countries that's around them? Should they be allowed to use tools of 294 00:35:43.039 --> 00:35:51.760 war to impose hatred on their own neighbors. It's a good question. Where 295 00:35:51.760 --> 00:36:00.480 does the line get drawn between protection and defense and the line begin of hatred 296 00:36:00.079 --> 00:36:10.719 and destruction of others. Hopefully the International Court and our global community will help 297 00:36:12.039 --> 00:36:24.239 decide where that line is drawn, and hopefully Israel will find themselves to build 298 00:36:24.360 --> 00:36:37.159 policies that observe where that protection and defense should be and where hatred begins, 299 00:36:37.719 --> 00:36:44.599 and they stay within the stay away from the hatred, and only use protection. 300 00:36:45.960 --> 00:36:50.880 Thank you for listening to Policy and Rice today. I'm your host, 301 00:36:50.960 --> 00:36:53.840 Michael Cloggs, and I do ask that you find it subscribe button wherever it 302 00:36:53.920 --> 00:37:37.599 may be. The show has been produced by Depictions Media. Please contact us 303 00:37:37.920 --> 00:37:40.239 at depictions dot media for more information