
UN's top court orders Israel to prevent genocide in Gaza
Clip: 1/26/2024 | 9m 36sVideo has Closed Captions
UN's top court orders Israel to prevent genocide in Gaza
The U.N.'s top court on Friday delivered major warnings to Israel about how it should conduct the war in Gaza. The International Court of Justice rejected South Africa’s request for a ceasefire after it accused Israel of genocide but said those accusations should be further investigated. Harold Koh, professor of international law at Yale Law School, joins Nick Schifrin to discuss.
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UN's top court orders Israel to prevent genocide in Gaza
Clip: 1/26/2024 | 9m 36sVideo has Closed Captions
The U.N.'s top court on Friday delivered major warnings to Israel about how it should conduct the war in Gaza. The International Court of Justice rejected South Africa’s request for a ceasefire after it accused Israel of genocide but said those accusations should be further investigated. Harold Koh, professor of international law at Yale Law School, joins Nick Schifrin to discuss.
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Learn Moreabout PBS online sponsorshipThe International Court of Justice today# reje cease-fire after it accused Israel of genocide.# But the court also rejected Israel's request## for a dismissal and acknowledged genocide# accusations should be further investigated,## ensuring a legal spotlight will# continue to shine on the war.
Nick Schifrin reports.
JUDGE JOAN DONOGHUE, International# Co humanitarian s NICK SCHIFRIN: In the Hague today,# the Internatio delivered what a Palestinian human rights# JU DGE JOAN DONOGHUE: Israel must,# in accordance with its obligations## under the Genocide Convention, in relation to# Palestinia its power to prevent the commission of all acts# within the scope of Article 2 of the convention.
WOMAN: The draft Convention on Genocide.
NICK SCHIFRIN: The Genocide# Convention was adopted 75 years born out of the Nazis' systematic# campaign to eliminate European And Article 2 defines genocide as acts# committed with the intent to destroy,## in whole or in part, a national,# ethical, racial or religious group,## and cites as examples killing, injuring,# inflicting conditions calculated to bring## about physical destruction, preventing# births or transferring children.
JUDGE JOAN DONOGHUE: Israel must# ensure with immediate effect that## its military forces do not commit# any of the aforementioned acts NICK SCHIFRIN: The court declined South# Africa's request for a cease-fire in Gaza## and acknowledged Israel's right to defend# itself.
But it also said Israel must take## immediate and effective measures to# deliver humanitarian aid to Gaza,## prevent and punish incitement to commit genocide,# and preserve evidence of its military The first two were supported even by# Israel's ad hoc judge on the court.
BENJAMIN NETANYAHU, Israeli# Prime Minister: Israel's## NICK SCHIFRIN: Israeli Prime Minister Benjamin# Netanyahu today vowed to continue the war but also pledged the very steps# that the court had demanded.
BENJAMIN NETANYAHU: Our war is against# Hamas terrorists, not against Palestinian# civilians.
We will continue to facilitate# humanitarian assistance and to do to keep civilians out of harm's way, even# as Hamas uses civilians as human shields.
NICK SCHIFRIN: But Israel's defense minister,# Yoav Gallant, was less restrained.
In a statement,## he said: "Those who seek justice will not find# it on the leather chairs of the court chambers## in The Hague.
They will find it in the Hamas# tunnels in Gaza, where 136 hostages are held."
JOHN KIRBY, NSC Coordinator For Strategic# Communications: We respect the court's## role as an arbiter of solv NICK SCHIFRIN: Today, at the White House,## National Sec calls to minimize civilian casualties# and send humanitarian assistance.
But he also said it would not# change U.S. assistance to Israel.
JOHN KIRBY: It's difficult to see that it alone# is going to change the approach.
the president believes the approach we have been## taking has been getting re NICK SCHIFRIN: In a reminder of the October 7# Hamas terrorist attack that started this war,# today, the U.N.'s principal agency in Gaza fired# 12 employees for participating in the attack.
In response, the U.S. temporarily# suspended financial support to the agency,## which provides all of Gaza's basic services.
GILAD ERDAN, Israeli Ambassador to the United# Nations: How symboli Holocaust remembrance day, it was exposed that# UNRWA employees took par NICK SCHIFRIN: For perspective on the# International Court of Justice's orders today,## we turn to Harold Koh, who served as the# State Department's legal advi Obama administration and assistant secretary of# state for democracy and human rights Clinton administration.
He's now a professor# of international law at Yale Law School.
Harold Koh, thanks very much.# Welcome back to the "NewsHour."
What's your reaction today to the# Internatio HAROLD KOH, Former State Department Official: I# think it's a lopsided le and it's a very severe public# relations loss for Israel.
I think it has some virtues.
I think# it's going to force the Israelis to## be much more open about granting of# access to humanitarian assistance,## and it's going to encourage its politicians# to dial back their over-the-top rhetoric,## which the court indicated might be# considered incitement to genocide.
But it's an unbalanced ruling also,# in that it doesn't require Hamas to## do anything.
It leaves Hamas# free to continue its attacks.
NICK SCHIFRIN: When it comes to Israel,## does it fundamentall HAROLD KOH: Well, they didn't tell them to stop.
But the Israelis had said that calling term.
What the court said, and by a very decisive# margin, 15-2, is that some of the acts could be## capable of being viewed as either committing# genocide or failing to prevent genocide, meaning## that this is a plausible claim, depending on how# severe civilian casualties are going forward.
So the Israelis have to take that very# seriously.
The kind of unrestrained## language that was quoted showed that# the politicians in the days after## October 7 were really using overbroad# language.
And even the Israeli judge,## the great Aharon Barak, said, you# have to give humanitarian assistance,## and you can't make these intemperate statements# that can be viewed by some as a call to genocide.
NICK SCHIFRIN: On Israeli military# actions, the court's not actually## saying Israel has to be more precise,# does it?
The must -- quote -- "prevent the commission# of acts" described in the convention that# would show -- quote -- "the intent to# destroy Palestinians in Gaza," right?
HAROLD KOH: Yes, so it's possible the Israelis# could respond by saying, we're going to d same things we're doing and just very much# renounce that we have any ag ainst the Palestinians in Gaza, as opposed to# Hamas, who we have said we want to eradicate.
The problem, though, is that what the court# flagged is that the scale of civilian deaths## is so broad that from those deaths# you could infer, possibly infer,## an intent to wipe out a group.
So I do# think that it forces the Israelis to be## much more careful and discriminate# than they have been to this point.
NICK SCHIFRIN: As we just showed,# John Kirby today, the spokesman## for the National Security Council staff, said,# this wou Is he right?
HAROLD K The United States wants -- doesn't want to# be accused of aiding a So all conversations are going to# be inflected through the idea is,## could what we're doing in terms of aid# to the Israelis be taken as aiding and## abetting genocide?
They want# to stay on the side of it.
I think also what Kirby said was, the# ruling tells -- says only what be en saying to the Israelis anyway,# which suggests that it may actually## help the United States in calling for# the restraint from -- more restraint## from the Netanyahu government, both# in terms of its words and actions.
NICK SCHIFRIN: What kinds of specific steps could# the Biden administration take when it comes to## pushing Israel one way or the other, if it does,# as you say, use this court ruling for that effect?
HAROLD KOH: The Biden administration could say,# you have to monitor the rules of engagement so## that there's some assurance that they're actually# following international humanitarian law.
It's a well-publicized story that Israeli# troops fired upon and killed people holding## a white flag.
And the obvious question# is, what kind of rules of engagement are## they operating under in which they would# fire when someone's waving a white flag?
And I think what they could say is, we're# telling you this because we're your friends,## but also because we think you're under# the supervision of the court.
And if## you don't take it seriously, they're# going to rule against you further.
NICK SCHIFRIN: As we reported earlier,# the U.S. has suspended funding to t U.N.
Relief and Works Agency, UNRWA,# after the U.N. adm staff members participated in the# October 7 Hamas terrorist attack.
And John Kirby today went even further.
He said# -- quote -- "We'll certainly consider additional## changes in the way we support UNRWA going# forward, depending on the U.N.
investigation."
How significant is that?
HAROLD KOH: Th Gaza.
It's absolutely critical to alleviating the# humanitarian crisis, which is going on right now,## which may lead to the death of thousands# more civilians in the next period.
So it's hard to do this without UNRWA.
On the# other hand, it's already become clear that## at least some part of UNRWA is compromised.# Commissioner General Lazzarini of the UNRWA## fired 12 people already.
I think what it will# do is also create a pall over U.N. activities.
The International Court of Justice opinion# actually quoted language from Lazzarini## in its report.
And the Israelis# could now say that that -- those## statements are biased or inflicted by an# anti-Israel view on the part of UNRWA.
NICK SCHIFRIN: Harold Koh, thank you very much.
HAROLD KOH: Thank you, Nick.
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