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the headlines this hour: israely attacks on palestinians in the gaza strip resist as the us israel genocidal war enters its 137th day despite global appeals for ceasefire. israely occupation forces conduct raids on different areas of the west bank resulting in injuries and abductions of palestinians in the occupied territories. also the headlines the international court for justice to hold a second of hearings on israeli atrocities occupied palestinian territory since 1967, more welcome to our studios here in the capital tehran, this is president news, thanks for joining us. israely massacres of palestinians in gaza keep unfolding as... has

been pounding the blockaded territory with air strikes and artillery for more than four months now. in the latest strikes, the regime bombed several homes in the al zeitun of neighborhood in gaza city, leaving number of palestinians dead and injured. in the al sababra neighborhood south of gaza city, at least five palestinians were killed and several others injured after regime warplanes struck the area. a palestinian was also killed by thisly fire in the abasan al kabira area in hannus. meanwile violent clashes around the... between resistance fighters and iof soldiers on gaza's saldin road. more than 29 palestinians have so far been killed in relentless israel bombardments and artillery attacks since october 7. earlier we spoke to our correspondent musab from the central gaza city of deral bala. he said that is really warplanes keep targeting residential areas as palestinians continue to face difficulties in accessing humanitarian aid. the israeli

artillery maintained its shilling at the eastern b of their balah city, heavy bombardments and attacks were heard here from where we are standing right now uh over over the last night in gaz city the israelition war blins renewed their attacks on azaitoon and asabra neighborhoods they were under heavy bomb and several residental buildings were destroyed, at least three, three sedental buildings were targeted and destroyed by those air strikes, the eastern part of gaza city also witnessed heavy bombardments of the israeli artillery that maintained chilling those areas amid fears clashes and gun fights between the palestinan resistance and the israeli occupation forces, in the meantime, it's worth mentioning that the israeli incubation forces allowed limited

amounts of the of the humanitarian aid to reach the outscareds of gaza city to the south and they enforced those tracks to unload those humanitarian a near the israeli tanks and the israeli chick bones initiated in those areas and despite the heavy gun fire of those israeli tanks the palestinian civilians who are hit by the salvation and the famin uh managed to uh have access to those basic humanitarian nies particularly the white flower mentioning that the palestinian people there are deprived of that flower for at least a month they're didn't ate a flower or bread alongside with their families and their children, they managed to extract the the white flower from under the israeli tanks and under the heavy gunfire of those israeli tanks. the course of warnings

is growing louder every day against the planned israeli ground incursion into the refugee packed city of raffa in gaza. in a joint statement, eu foreign ministers said the offensive would worst an already catastrophic humanitarian situation, they said that it would also prevent the provision of urgently needed basic services and humanitarian assistance. the ministers called for immediate humanitarian pause that would lead to a lasting fire. hungary, close ally the israel regime was the sole country that did not sign up. the foreign policy chief joseph described the invasion of raffa as violation of humanitarian law, while the irish forem minister called it uncontiable. some 1.5 million refuges are crammed into a the southern edge of gaza after being repeatedly displaced by the israel. israel's confirmed the death of one more of its soldiers in clashes with palestinian resistance fighters in the besieg gaza strep. the israely military says the soldiers or the

soldiers succumbed to injuries that he sustained several days ago in southern gaza. the latest fatality brings to 236. the number of israeli soldiers killed in gaza since the regime began its ground. invasion of the blocada territory in november. palestinian resistance groups, however, say the actual number is much higher. they say the regime undercounts its losses and it fear of the israeli public anger. a member of the islamic jihad movement has hailed what he calls unprecedented losses inflicted on the israeli regime by palestinian resistance movements. despite its limited. military equipment, the palestinian resistance has inflicted heavy losses on the israeli enemy, part of which the regime has admitted. the israeli regime struggles to under report its losses in order to keep the soldiers and settlers spread up. the more israeli assaults against the palestinian nation and the gaza strip, the

more losses the regime will suffer. in an exclusive interview with. ali abu shahin said the israel regime is not able to hide the casualties it suffered in the gaza war. the member of the political bureau of the islamic jahad rejected israely allegations that the resistance uses hospitals as operation headquarters. he said the regime of levels such accusations or allegations to justify his bombardment of mos health centers. i abu shahin said the fact that regime forces invaded hospitals to find no resistance fighters reveals that the palestinian movements do not use civilian infrastructure for military operations. we're going to cross on over to the heg and uh look at the second day at this point of the hearings on israel's occupation of palestineing the ongoing delay in achieving a just settlement. in this regard, on the legal questions placed before

the courts by the united nations general assembly in resolution 77/247 of 30th december 2022, we wish to make the following submissions: south africa cannot overstate the significance of this advisory opinion for the palestinian people, more especially the legal characterization of the situation of occupation and the imposition of the system of racial oppression and appartates, which have unqustionably been permitted to continue for far too long. the occupation alone has persisted for 56 years. as the un special reporter on the occupied palestinian territories explained in 2022, the occupation by israel has been conducted in profound defiance of international law and hundreds of united nations resolutions with scanned

pushback from the international community. consequently, mr. president, that defiance by israel has already led to the killing of 10s of thousands of palestinians, including an estimated 30,000 killed in the past four months alone. these are not mere statistics, mr. president, they are flesh and blood of the palestinian people. therefore, we must ask, when will israel's decades long impunity for what spread and systematic human rights violations and violations of peremptory norms of international law end, if not now. over the past 130 six days, the world has washed in horror daily. the relentless attacks on gaza, the ferocity and violence of israel's

latest military campaign against gaza, and it flouting of international law, including an order of this court, which was handed down on 26th january 2024, is the clearest indication that israel considers itself unrestrained in its actions against palestinians. its actions recurr with even more depravity and bloodshed, being of such serious nature as to lead this court to find them plausibly genocidal. i remind the court that it is in our recent submissions before it, in the hearings for the indication of provisional measures in the application of the convention and prevention of and punishment of the crime of genocide in the gaza strip in south africa versus israel. south africa understood scored how israel's ongoing act. and omissions in gaza from part of a continuum of illegal acts

perpetrated by it against palestinian people since the 1948 nagbar and since then the 1967 occupation, the legality of that occupation is now the subject of this matter before the court. mr. president, the palestinian cause is one which resonates strongly with the people of. africa, that is because the palestinian struggle invokes mournful memories of our own struggle against apart, segregation and oppression. ours is an experience which uply, ours is an experience uply referred to by the united nations security council in 1980, as a clime against the conscience and dignity of mankind. and as being incompatible with the rights and dignity of man. it is not without a measure

of irony that one notes that this painful experience of our pasts has enabled south africa to make a significant contribution to the development of international law on apartate. from this experience, a universal legal prohibition of its practice. emerged in the form of a peremptory norm and an international crime, the norm against apart has become one of the most cited norms of jesus. we as south africans sense, see, here and fill to our core the inhumane discriminatory policies and practices of the israel regime as an even more extreme form of the appatite that was institutionalized against black people in my country coincidentally from the year 1948 and which

lasted until 1994. the late south african cliric, the most reverent archbishop desmontu wrote the following: open cote: many black south africans have traveled to the occupied west bank and have been appalled by israel roads built for jewish settlers. that west bank palestinians are denied access to, and by jewish only colonies built on palestinian land in violation of international law. black south africans and others around the world have seen the 2010 human rights watch report, which describes the two tier system of laws, rules and services that israel operates for the two populations in areas in the west bank under its exclusive control. which provide preferential services, developments and benefits for jewish settlers while imposing

harsh conditions on palestinians, this in my book is apart, it is untenable, and quote: that was the position already 14 years ago since 2010, since then the situation of the occupied palestinian population has worsened exponentially with the reality of a partide becoming so obviously explicit as to now being recognized not only by south african and palestinian victims of apartite themselves, but by the broader international community, including both israeli and international human rights organizations. morover, it is clear that israel's illegal occupation is also being administered in breach of the prohibition, it must end. palestine, the last unfulfilled sacred trust of civilization, for whom the international

community bear's responsibility must now be fulfilled. the palestinian people. must be permitted to exercise their inalinable right to self-determination. mr. president, south africa bears a special obligation both to its own people and the international community to ensure that wherever the egragious and offensive practices of apartide occurre, these must be called out for what they are, and brought to immediate end, and that the perpetrators of such egragious. breaches of parentary norms of international law be held accountable, in the construction of wall case, this court held that the construction the wall being built by israel, the occupying power in the occupied palestinian territory, including in and around east jerusalem, and

its associated regime are contrary to international law, and that israel is... under an obligation to dismantle forth with the structure therein situated and to repeal or render ineffective forth with all legislative and regulatory acts relating thereto. despite that 19 year old finding by the court, today palestinians in the west bank, including many east jerusalem continue to be contained behind a segregating wall. they continue to be subject. to discriminatory land zoning and planning policies, punitive and administrative house demolitions and violent israeli army incursions into their villages, towns and cities and refugee camps, including area a which is supposed to be under full palestinian control. palestinians continue to

be subjected to routine violent israeli. on their homes with thousands of adults and children being subjected to unlawful abitrary arrests by israeli soldiers in the dead of nights and indefinitely renewable interment intenment without trial known as euphemistically as administrative detention and a dual legal system present to which palestinian. including palestinian children, are tried under military legislation by military judges, often themselves illegal settlers in israeli military courts, without basic protection of human international humanitarian and human rights law, while israeli settlers living illegally in the same

territory are subject to an entirely different legal regime and tried in israeli civilian court. with full access to jew process. separately, palestinians in gaza have lived in a sealed of enclave, fragmented and segregated from the west bank, and subjected by israel to regression, sustained closure and seized. palestinian refugees and exiles in the diaspora as systematically denied their rights to return to their homes apartate. israel discriminates against and fragments all palestinian people to ensure the maintenance of israeli jewish domination. south africa presches this court to examine the institutionalized regime of discriminatory laws, policies and practices applied by israel along the definition of the

crime of aparts and to find that israel subjects palestinians to what constitutes an upper. regime, the clear legal characterization of the nature of israel's regime over the palestinian people can only assist in remedying the ongoing delay in achieving a just settlement, delay which perpetually for confogrates the cycle of violence. as i speak, and for each of the past 136 days, the world is witnessing in gaza assault that is unprecedented in speed and severity, violating the most basic price. the right to life and the survival of a population, the international community's unwillingness to hold israel accountable for its policies and practices and is failure to ensure the immediate and conditional and total withdrawal of israeli troops and immediate end to israel occupation and apartite in palestine, including gaza, the west bank and east jerusalem, emboldens

israel to cross a further threshold, namely to commit the crime of crimes, genocide. mr. president, distinguished members of the court, it is now my honor to request you to invite advocate andres demet to the bar to submit south africa's further. observations on the questions referred to the court by the un general assembly. thank you. i think his excellency, mr. muzi, madoncella. i now give the floor to mr. peter andreas temet. you have the floor sir? mr. president, members of the court, it is an honor to appear before this honorable court today on behalf of the republic of south africa. the request for an advisory opinion presents a critical

opportunity to clarify and reconfirm the rules and principles of international law applying to the situation of palestine and the palestinian people. a clear legal assessment would assist the general assembly and the broader international community to promote. and justice a key element of judicial propriety a time when a ferocious and unrestrained military assault has been launched by israel on the palestinians in gaza, which this court has found may plausibly amount to genocide, threatening the very existence of the palestinian people. in this submission, we do not intend to restate southafricaus arguments on why the quarter has to assume jurisdiction, as this has been dealt with in some detail. in our written statement, we will therefore focus on the palestinian right to self-determination and the violation there of by israel, and then we

will continue to submit our arguments on the legal consequences for israel, the united nations and third states. mr. president, members of the court, the right to self-determination, also called the magna karta of decolonization, is an established and in. right in and fundamental principle of international law, the respect for this principle is one of the purposes of the united nations, article 1, paragraph 2 of the charter. it has an ergo omness character over to the international community as a whole, on which the court has developed a strong and consistent jurisprudence. the inalienable right of the palestinian people to self-determination and full independence has been recognized. by the united nations in numerous resolutions over the decades, and the most recent general assembly resolutions the december 2023, once again recognized the

right of the palestinian people to self-determination and the permanent sovereignty of the palestinian people in the occupied palestinian territory, including east jerusalem over their natural resources. self-determination to people and in its most... recent order of 26th january 2024 in the matter of application of the convention on the prevention and punishment of the crime of genocide in the gaza strip, south africa versus israel, the court confirmed that the palestinians constitute and i quote a distinct national, ethnical, racial or religious group, and quote. israel is occupied the palestinian territory in the west bank, gaza and east jerusalem since 199. 1967 arab israel and parts of the west bank in that same year. it is not disputed that the acquisition of territory by the threat or

use of force is illegal, irrespective of whether the territory was acquired through a war of self-defense or of an act of aggression. the occupying power cannot annex any part of the occupied territory, and there is an obligation on states not to recognize such an illegal territorial. acquisition, moreover, that an occupation must also be temporary nature was confirmed by the court in the namibia southeast africa case, where it held that the end of south africa's mandate must be self-determination and independence of the people of namibia. a 56 year occupation is not temporary, annexation per definition cannot be temporary. these principles also apply to palestine. the security council has already. in 1967 in resolution 242, expressly emphasized the inadmissibility of the acquisition of territory by war and called for the

withdrawal of israeli armed forces. furthermore, in the construction of wall case, this court unequivocally held that the ongoing construction of israeli settlements in the occupied palestinian territory is in breach of international law. however, it is clear that israel is turn the temporal nature the occupation into a permanent situation, in violation of the palestinian right to. determination, it has done this through its illegal settlement enterprise, which now consists of an estimated 700 thousand settlers, increase of 235% since the oslu peace accords and of 165% since the wall opinion. that is not withstanding that in the wall case this court unequivocally held that the ongoing construction of israeli settlements in the occupied palestinian

territory is in bridge of international law, in that case, the court found that israel has taken measures that, and i quote, severely impeded to exercise by the palestinian people their right to self-determination, unquote, in breach of that fundamental right, the very disruption of palestinian territorial integrity, resulting from those settlements as well as israel's formal and defacto annexation of parts of the occupied palestinian territory, including east jerusalem constitute further violations of that fundamental right, general assembly resolution 1514 of 1960 declares in paragraph 6 as follows, and i quote, any attempt aimed at the partial or total disruption of the national unity and territorial integrity of a country is incompatible with the purposes and principles of the charter of the united nations, unquote. the court in its advisor.

opinion on legal consequences of the separation of the chagos archipelago from mauritius in 1965, held that the resolution 1514 has the status of customary international law and hence is binding on all states, including israel. mr. president, members of the court, turning now to the nature of the israeli administration of the occupied palestinian territory, it is straight law that israel has the occupying power is bound by both international humanitarian law. and international human rights law in its administration of the occupied palestinian territory. the basic objective of international humanitarian law applicable to occupation is the protection of the population under occupation, including their safety and security and their public and private property. as a record of the past half century makes clear, israel as the occupying power is not acting in the best interests of the population on the occupation

and is not administering the occupied. territory in good faith, breaching multiple new scovan's norms of international law, including the prohibitions on annexation, self-determination, apartate and genocide, on which i have focused. in terms of international humanitarian law, the continuing construction and expansion of israeli settlements in the occupied palestinian territory are in clear violation of article 49 of the fourth geneva convention, to which israel is the party and which the court has found in the world. to be binding upon israel, in terms of international human rights law, this court confirmed in the wall case that the protection offered by human rights conventions does not sease in a cases of armed conflict, except under specific and very defined derogation principles, while it's also established law that the human rights law obligations of a state also apply in situations over which such state has

control. mr. president, members of the court, ambassador manoncella has dealt in some detail with the practices of a partide perpetrated by israel against the palestinian people, including as the occupying power in the occupied palestinian territory, but at this juncture, it's also appropriate to recall that the court held in the namibia southeast africa case that to establish and enforced distinctions, exclusions, restrictions and limitations exclusively based on the grounds of race. color, descent or national or ethnic origin constitute a denial of fundamental rights and is a flagrant violation of the purposes and principles of the united nations charter.