CBCN - Saturday, May 25, 2024 - 12:00 a.m. (ET) - Segment #29

[ ] >> Linda: well, this week the chief prosecutor for the international criminal court announced he's seeking arrest warrants for both israeli and hamas leaders, a move that divided the international community and could further isolate israel. >> The crimes include starvation of civilians as a method of warfare, wilfully causing great suffering, serious injury to body or health or cruel treatment, wilful killing or moderate, and intentionally directing attacks against a civilian population. >> Linda: the prosecutor is trying to obtain warrants for israeli prime minister benjamin netanyahu, his defence minister, and three hamas leaders. He says all are responsible for war crimes and crimes against humanity in the gaza strip and israel. The warrants must be requested from a panel that often takes months to rule. And even if they are issued, netanyahu and his minister face little risk of immediate prosecution. Response to this move was mixed in western countries, the U.S. rejecting the move, while some european nations supported it. Canadian prime minister justin trudeau said it was troubling to equate the democratically leaders of israel with the "terrorists that lead hamas." >>> For a closer look, we're joined by mark kherson, an international law expert at the university of the fraser valley, and he is in vancouver. So thanks for joining us. We appreciate your thoughts on this today. >> Thanks very much, linda. Thanks for having me and thanks for covering this issue. >> Linda: we've gone over some of the charges there. We've read through some of what is being accused here. What was your reaction when you first heard about the seeking of these arrest warrants? >> Yeah, I think for me the initially reaction was it was about time. I think both victims and survivors on the israeli side as well as on the palestinian side have been trying for many years, well before october 7th and since, to convince the world that what they've experienced are international crimes, war crimes and crimes against humanity, and have asked repeatedly for the international criminal court to believe them and do something about it and investigate and prosecute and issue arrest warrants where doing so is warranted. The prosecutor asked just that. The big reaction I suppose I had was I think it's a really good thing that the I.C.C. prosecutor announced through his request that he believes victims and survivors in both palestine and israel. >> Linda: can you break down the charges we heard there a little bit more for us and just what is being alleged of these leaders? >> So there are a number of different charges the prosecutor is seeking against both hamas and israel. And you noted correctly there are allegations of war crimes as well as crimes against humanity. Just to take a minute here to talk about crimes against humanity because I think over the last number of months we've really focused on war crimes and genocide and crimes against humanity, rather than focusing only on a direct victim or on the group, which is what genocide really focuses on, right, is the extermination of a group in whole or in part, crimes against humanity are intended to be crimes against those direct victims, but also against all of us. They are crimes against humanity. They're a crime against our moral code and our shared sense of humanity. Under crimes against humanity and war crimes, the prosecutor is seeking warrants for these individuals for things like extermination and murder. In the case of hamas, he's pursuing charges of sexual and gender-based violence and hostages and hostage-taking. In relation to israel, one of the major crimes that he is seeking to prosecute is the use of starvation as a method of war. Now, of course people during times of war will have harder access to life-saving aid and food, but what he's talking about here is not that. He's talking about the wilful and intentional denial of aid that is causing starvation purposefully and intentionally in his view at least of the population in gaza, and of course that has been backed up by various human rights groups in israel as well as internationally and as well as bodies at the united nations and humanitarian bodies and so on and so forth. So these are very serious and comprehensive charges that he's seeking. >> Linda: so now it goes to this panel of three judges on the I.C.C. to decide whether or not they will issue these warrants. We've heard this can take some time. What do you think the panel will decide what when do you think we'll actually get a decision here? >> Yeah, we're in a unique

situation with a prosecutor asking for arrest warrants and we have this panel of three judges, the pre-trial chamber, that have to approve it. The legal test that the judges have to apply is basically that the individuals in the request from the prosecutor -- that there is reasonable grounds to believe that those individuals are responsible for the crimes that the prosecutor is charging or seeking to charge them with. And that's a relatively low threshold, much lower than what you would see as trial, for example. The other thing is he put together a whole panel of experts, including amal clooney and other experts from around the world, including a holocaust survivor who is an international lawyer to put together this application for these arrest warrants to this chamber, which means he is exceedingly well prepared. His hope is the judges will have an easy time to approve his request and therefore issue arrest warrants. How long that will take, it depends. In the I.C.C. case against vladimir putin, it's taken a month. In other cases it's taken multiple months. But I think with the exception of some questions that the judges have, in my view, at least, it's a foregone conclusion that these arrest warrants will eventually be issued. >> Linda: okay. If you're right and they get issued, then what's the likelihood that any of them will end up before the court and result in an actual conviction here? We know that these are not recognized by -- this court is not recognized by israel and several other nations. There is lack some and for some powers as well. >> Absolutely. The I.C.C. was not set up with a police force. Even if these arrest warrants are issued, it's not like the I.C.C. has some force that can go out and enforce them. It will be difficult. One thing I would tell viewers and those interested this these cases, international humanitarian law is difficult. We were asking these same questions when the I.C.C. issued arrest warrants for vladimir putin for stealing ukrainian children and taking them to russian territory. Will the I.C.C. ever actually get putin? I don't know. But it is unpredictable when that happens. Many said the former serbian president milosevic would never be prosecuted at an international tribunal. Then things changed domestically in that area, things changed internationally and eventually he was and he faced numerous prosecutions and numerous charges at the international criminal tribunal for the former yugoslavia. So if there's political changes in israel, if there's regional changes, international changes, this may happen. It may not happen any time soon. One thing that I hope people accept is there is justice in the pursuit of justice. And again, there is justice in the fact that the chief prosecutor of the only independent and impartial international court mandated to investigate war crimes, crimes against humanity, and genocide has told victims and survivors on all sides of this conflict, I believe you and I'm going to do my best to prosecute these individuals. >> Linda: lots to watch in the days, weeks, and potentially months ahead. I'm sure we will talk again. Mark kersten in vancouver. Welcome to Canmore, Alberta. This will be your toughest day yet. -Get back up! Boom! -Don't eavesdrop. -i can't shut my ears off. Well then shut your mouth off. Announcer: Canada's Ultimate Challenge. Watch free onCBC Gem. At Fidelity, we know that everyone's got financial goals. And they're all different. But the one thing we share? We all want to get to them sooner. ( ) The words in your head, you're the only one that can hear them. Say it! Yes I can, Yes I must. Watch me! Payment plans available at OnePeloton.ca. Terms apply. Inu Nagamu is one of Canada's largest Indigenous and alcohol-free music festival. In the heart of the Cote Nord region in Mani-Utenam, Inu Nagamu Festival proudly celebrates its 40th edition to the rhythm of Indigenous artists from near and far, in addition to presenting world-class performances in a family-friendly atmosphere. We look forward to see you in Mani-Utenam from July 30th to August 4th, 2024. Voltaren Emulgel Extra Strength contains an anti-inflammatory... ...that has the power to relieve your muscle and joint pain. It penetrates deep to relieve pain and reduce inflammation. And you can go 12 hours between applications. Voltaren. The joy of movement. jazz music

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the important thing will be once the aid gets in, will it be able to be distributed and will it be able to be distributed to some 900,000 people estimated moving out of rafah to tents in an area al-mawasi on the coast. Very small area, very cramped. They really do need that humanitarian aid and I guess that's the aim right now. >> Linda: that's irris makler from jerusalem. >>> Now to the ongoing tensions on some of this country's leading university campuses. School officials at the university of toronto are waiting for a response after issuing a trespass notice to pro-palestinian protesters. The students set up an encampment more than three weeks ago protesting the war in gaza. The cbc's albert delitala has the latest. >> Albert: well, we're counting down to 8:00 A.M. local time on monday. That's the new deadline that protesters have to leave campus or potentially face a five-year suspension or even expulsion from the university. And that comes after more than three weeks of an encampment set up there and that was in solidarity to the protests we've seen across north america, pro-palestinian protests that seek to see the war between israel and hamas end. That offer, though, that they were considering, they did decline that offer and in it the university said they would not end partnerships with israeli universities. That was one of their demands. Also, they invited students to attend a board of governor council meetings to make their demands then and also offered a working group around disclosure and increasing transparency of their investments, another demand those students were making. They were to accept that by 4:00 P.M. yesterday, that was the deadline, but they rejected that offer. They said the university was essentially offering them a process that already existed and they want commitments instead around their demands. Here is one protester who said they remain resolute around all of this. >> We do not plan to leave any time soon. I also want to come back to the reason they issued us this notice. They put out their first offer to us yesterday, more of an ultimatum that they are framing as the final offer. U. Of t. Knows how to bargain. They bargain with unions on campus all the time. The first written offer cannot be the final offer. We are currently preparing our counter offer and hopefully we're able to discuss that at the 5:00 P.M. meeting on sunday. >> Albert: one representative with hillel ontario spoke with cbc news. They advocate for jewish students. He didn't say whether police should go into the encampment, but he did say it has to end. >> Ultimately what we want is peace, coexistence and we want to be able to study and learn and live and work on a campus with everybody. Unfortunately, these unlawful occupations have brought intimidation to campus and it is time that university leaders across the province and across the country and our government leaders and well-meaning canadians stand up and say enough. >> Albert: meanwhile, at McMASTER university in hamilton west of toronto, a similar situation. You can see images of that encampment going on there for three weeks. It's set to come down today after students reached an agreement with the university. That framework includes human rights considerations in their international agreements and also an annual disclosure of all of the direct investments they make. >> Linda: albert, in montreal, a university there has filed an injunction against protesters. What do we know about that? >> Albert: that's at the université du québec à montréal. That university did file an injunction as you said against the students who have been camping on their campus for just over a week now. I think we have some pictures of that situation. They're actually seeking for those tents and other objects they have set up to not to be closer than 3 metres away from buildings. They also say that safety is a concern, they allege vandalism has taken place. A lot of those accusations the students do deny, but the judge in this case has yet to rule but says safety will be top of mind in that decision, linda. >> Linda: the cbc's albert delitala.

>>> Turning now to the war in ukraine and russia is keeping up its attacks on ukraine's second-largest city, prompting a fresh call by president volodymyr zelenskyy for international allies to send more air defence systems. At least two people are confirmed dead after russian forces bombed a hardware store in kharkiv. Officials say up to 200 customers and staff were inside and they fear the number of victims could rise because a large number of people remain unaccounted for. Kharkiv lies just 30 kilometres from the border with russia and has been a target for many weeks. Ukraine says despite the attacks, its military remains in control. >>> Well, it's a day that many have waited a very long time for. The remains of an unknown soldier who served in the royal newfoundland regiment during the first world war are now returning home. [ ] >> Linda: these are some of the scenes from a ceremony this morning in beaumont-hamel, france. A party of canadian armed forces personnel accepted the casket. Premier andrew furey was also in attendance. Our cbc team in st. John's spoke to people today to hear their thoughts on the soldier's return. >> I think that's amazing. I can't believe I'm here when it's happening. I'm from saskatchewan and just happened to be here at the same time this is happening. I had no idea. That's pretty cool. >> I think it is absolutely amazing that this is taking place today. I'm quite moved by it today. >> Certainly a very proud moment for the province. As the premier has mentioned, newfoundland and now newfoundland and labrador, was not part of canada at that time. So it's a very distinct, very important time for the province. >> I think it's a really good idea, knowing that he's back home and buried in a spot where even if he didn't have direct descendent or relativelies of his can now and go and see where he is and pay respects. >> It means so much. I have a great-uncle who died during world war I and he is buried in france. [ ] [ ] >>The Great Canadian Baking Showis back. >> And the winner is... >> Alan, no, it's too soon for that. [upbeat jazz] >> How about after? >> Give me that. >> Ok, sure. Ram Power Days are here.The power to choose fromthe most awarded truck brand over the last five years. Like Ram Classic.As versatile as it is capable. Ram 1500, voted bestlarge pickup in Canada. Or Ram Heavy Dutywith a no-charge Cummins. And you don't pay for 90 days. The power is yours.The time is now. Get 20% off msrp on Ram Classic for up to $14,200 in discounts. Plus get 4.99% financing. Let's go for a skate, and a little chat. Because retirement today is not what it used to be. The good news is we're living longer and more active lives, but planning for that longevitycan come with some challenges. Thankfully as a Canadian homeowner aged 55 and better, you have options. The chip Program allows you to access the value of your home without selling it. So you can live retirement on your terms. If you're 55 or older call now for your free no obligation chip Reverse Mortgage Guide. With chip you get up to 55% of your home's value in tax free cash take only what you need in a lump sum or over time with no monthly mortgage payments required. Call (number on screen) Maybe it's time for you to consider chip too! Call now for your free no obligation guide. Call (number on screen) or visit chip dot ca. Call chip today and live retirement your way. We know you care. But if this is all too real for you and your loved ones. Make the call. Because we care too. Home Instead. To us, it's personal. Sometimes the difference between a summer road trip and the road trip of the summer is an ice cold drink from McDonald's. Like a Small McCafe Iced Coffee or a refreshing Coca Cola for $1 plus tax. Step up your summer today. [rock] go hard go wild Woman: And the crowd goes wild! you fear the blood the sweat the tears We fight the best we can. Man: We build our own legacy. Arena announcer: She scores!

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