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Speaker 1: From the Australian. Here's what's on the front. I'm Claire Harvey.

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Speaker 1: It's Wednesday, May twenty two. Brittany Higgins and her former boss,

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Speaker 1: Senator Linda Reynolds are headed for court. Reynolds is suing

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Speaker 1: Higgins and her fiance David Schiraz for defamation over social

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Speaker 1: media posts. Mediation talks between the two parties broke down

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Speaker 1: on Tuesday, meaning the trial will go ahead in July.

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Speaker 2: It's time for them to admit they got it wrong.

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Speaker 1: Almost a million Australians are relying on welfare and it's

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Speaker 1: mostly younger people who need the help. New research shows

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Speaker 1: a third of small businesses struggle to cover costs and bills.

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Speaker 1: That story is live right now at the Australian dot

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Speaker 1: com dot au. Completely unjustified. That's the assessment by The

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Speaker 1: Australians Foreign editor Greg Sheridan of a decision by the

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Speaker 1: International Criminal Court to seek arrest warrants for leaders of

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Speaker 1: both Israel and Hamas. That's today's episode. Did you know

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Speaker 1: Vladimir Putin is a wanted man? In March twenty twenty three,

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Speaker 1: a panel of judges issued an arrest warrant for two

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Speaker 1: Russian individuals, Vladimir Vladimirvich Putin and Russia's Commissioner for Children's

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Speaker 1: Rights Maria Alexeyevna Levova Belova. They're accused of forcibly deporting

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Speaker 1: tens of thousands of Ukrainian children to Russia and having

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Speaker 1: them adopted by Russian families in what Ukraine says is

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Speaker 1: a giant brainwashing exercise.

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Speaker 3: And moved to camps in Russia or Belarus, says the

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Speaker 3: start of the war. Officially, the Ukrainian government has documented

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Speaker 3: more than nineteen thousand children taken by Russia, but told

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Speaker 3: us they worry the actual number could be closer to

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Speaker 3: three hundred thousand.

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Speaker 1: These warrants were issued in March twenty twenty three by

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Speaker 1: something called the International Criminal Court. That's a division of

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Speaker 1: the United Nations. It doesn't have a police force or

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Speaker 1: any prisons, but it has one hundred and twenty four countries,

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Speaker 1: including Australia, who've signed up to respect its rulings, and

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Speaker 1: that means potentially arresting any fugitives and sending them off

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Speaker 1: to the ICC to be prosecuted. The warrants were greeted

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Speaker 1: by the Kremlin as a bit of a joke, but

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Speaker 1: an offensive joke. A spokesman for Putin said the warrants

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Speaker 1: were outrageous and unacceptable, but would be meaningless as Russia

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Speaker 1: didn't recognize the ICC's jurisdiction. Vladimir Putin has carried on

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Speaker 1: the war in Ukraine and the brutal repression of dissent

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Speaker 1: in Russia with apparent unconcern, and now the ICC is

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Speaker 1: back in the news announcing that one of its prosecutors

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Speaker 1: is seeking warrants for the arrest of Israeli Prime Minister

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Speaker 1: Benjamin Netanyahu and senior figures in Hamas, the organization that

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Speaker 1: rules the Gaza Strip.

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Speaker 4: Prosecuting Hamas is just, in my view, a pathetic effort

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Speaker 4: to demonstrate a completely fraudulent even handedness.

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Speaker 1: Greg Sheridan is The Australian's foreign editor, as you can hear,

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Speaker 1: is pretty fired up about this, the fact that the

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Speaker 1: ICC is announcing proceedings against Hamas a terror group and

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Speaker 1: Israel a democracy at the same time.

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Speaker 4: They're saying, yes, of course, we're fanning the flames of

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Speaker 4: global anti Semitism and were insanely prosecuting the democratically elected

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Speaker 4: leader of a parliamentary democracy with a full judicial system.

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Speaker 4: But you can't accuse us of bias because we're also bravely,

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Speaker 4: at this very same time issuing a prosecution and an

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Speaker 4: arrest warrant for the leader of the most thirsty, sadistic,

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Speaker 4: sexually depraved terrorist group that exists on the face of

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Speaker 4: the planet at the moment. Even issuing these prosecutions simultaneously

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Speaker 4: is just grotesque political symbolism. It has nothing at all

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Speaker 4: to do with law, nothing at all to do with prosecution,

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Speaker 4: and honestly, the idea that any of these Hummas leaders

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Speaker 4: is going to end up being a subject to a

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Speaker 4: trial in the Hague by the International Criminal Court is

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Speaker 4: just preposterous nonsense. Nor are the Israeli leaders either. This

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Speaker 4: is just political symbolism in a war by the United

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Speaker 4: Nations bureaucracy against Israel. It's a day of infamy for

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Speaker 4: the International Criminal Court. As Joe Biden said, let me

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Speaker 4: be clear, we reject the ICC's application for resta warrants

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Speaker 4: against as well as an whatever these warriors may imply.

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Speaker 4: There's no equivalence between Israel and Hamas. And it's a

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Speaker 4: sad thing that our own Prime Minister won't take the

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Speaker 4: same position as Joe Biden or Richard Sumac or so

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Speaker 4: many of our other allies. Well, I don't comment on

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Speaker 4: court processes in Australia, let alone court processes globally, of

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Speaker 4: which Australia is not a party.

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Speaker 1: On Tuesday, Opposition leader Peter Dutton offered his appraisal of

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Speaker 1: Albanese's comments.

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Speaker 5: Now, I don't know why the Prime minist is not

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Speaker 5: showing leadership at the moment on the economy, he's not

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Speaker 5: showing leadership in relation to anti Semitism, and he's tarnishing

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Speaker 5: and damaging our international relationships it with like minded nations.

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Speaker 5: When he's not strong enough to stand up alongside President.

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Speaker 1: Biden, Nisanyahu and his foreign minister, you are gallant are

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Speaker 1: accused by the ICC prosecutor of war crimes, including deliberately

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Speaker 1: starving the population of Gaza, and the Hamas officials, including

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Speaker 1: the fugitive leaders Yaya Sinoa and Muhammadif, are accused of

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Speaker 1: masterminding the slaughter, rape, kidnapping, and torture of civilians in

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Speaker 1: Israel in Hamas's October seven attack.

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Speaker 4: The International Criminal Court is meant to prosecute individuals for

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Speaker 4: war crimes or crimes against humanity. Its jurisdiction only applies

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Speaker 4: to the one hundred and twenty four countries who signed

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Speaker 4: up to the so called Rome Statute. It is also

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Speaker 4: supposed to only prosecute someone when there is no credible

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Speaker 4: national legal process and when whatever national legal process there

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Speaker 4: is is exhausted. I think it is a body which

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Speaker 4: has very limited credibility and has not been very effective.

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Speaker 1: Here's icc prosecutor, Kareem Khan.

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Speaker 2: I have reasonable grounds to believe that three senior leaders

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Speaker 2: of Hamas, Yaya Sinwah Muhamma Daif and Ishmael Haniah bad

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Speaker 2: criminal responsibility for the following international crimes committed on the

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Speaker 2: territory of Israel and the State of Palestine from at

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Speaker 2: least the seventh of October twenty twenty three. Extermination as

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Speaker 2: a crime against humanity, murder as a crime against humanity,

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Speaker 2: and as a war crime.

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Speaker 4: So there's no doubt that Hamas is guilty of shocking

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Speaker 4: war crimes or shocking crimes against humanity. I'm in the

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Speaker 4: rape and mutilation and murder of the innocent civilians on

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Speaker 4: October seven. Now it claims that Israel has used starvation

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Speaker 4: as a weapon of war. Well, that seems to be

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Speaker 4: patently ridiculous. It's against the facts. Now, you can certainly

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Speaker 4: be critical of Israel, say that you know there are

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Speaker 4: things that could have done better, but it has certainly

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Speaker 4: made an effort not to kill civilians in waging a

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Speaker 4: war against an enemy which attacked it and broke a

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Speaker 4: cease fire to do so, and which hides among civilians.

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Speaker 1: What Greg's talking about is the vast tunnel network under

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Speaker 1: densely populated areas of Gaza like Dir el Bala. It's

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Speaker 1: believed Ya Yasinwa and Muhammadif are currently sheltering in those tunnels.

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Speaker 1: Israel admits its military goals to eliminate himasas senior leaders

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Speaker 1: and destroy the tunnel network have resulted in devastating civilian casualties.

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Speaker 1: Hamas puts the body count at well over thirty thousand,

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Speaker 1: but that doesn't make clear how many are civilians and

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Speaker 1: how many militants.

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Speaker 4: Why have they chosen Benjamin net Nyahu and yoe'v Golant

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Speaker 4: because the ICC, like most of the UN system, suffers

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Speaker 4: a very serious, twisted, unhealthy obsession with Israel and hatred

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Speaker 4: of Israel. You know, every year the United Nations General

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Speaker 4: Assembly passes more resolutions against Israel than it does against

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Speaker 4: all the other countries of the world combined. So you know,

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Speaker 4: forget North Korea or anything that's happening in Yemen or whatever,

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Speaker 4: or China, all the human rights violations in the world

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Speaker 4: are apparently carried out by Israel. Well, it's just patently absurd.

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Speaker 1: He is Israeli PM Benjamin Netanyahu.

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Speaker 6: What a travesty of justice, what a disgrace the prosecutor

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Speaker 6: who is absurd charges against me and Israel's defense minister.

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Speaker 6: I'm merely an attempt to deny Israel the basic right

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Speaker 6: of self defense, and I assure you one then this

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Speaker 6: attempt will utterly fail.

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Speaker 4: The whole U N system is politically corrupted, full of ideology,

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Speaker 4: extremely undemocratic, not really consistent in its view of human rights.

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Speaker 4: The U and often will have a women's rights medi

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Speaker 4: headed by Saudi Arabia, a human rights committee headed by China,

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Speaker 4: nuclear non Proliferation committee headed by Syria or North Korea

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Speaker 4: or something. It's often farcical, and the International Criminal Court

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Speaker 4: bears the same character, I think, and every so often

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Speaker 4: Western democratic nations walk away from these institutions.

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Speaker 1: The best coverage of the Middle East is at Theaustralian

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Speaker 1: dot com dot AU twenty four seven. You can be

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Speaker 1: the first to know by joining us subscribers at the

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Speaker 1: Australian dot com dot au. While I've got you, there's

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Speaker 2: I have reasonable grounds to believe, on the basis of

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Speaker 2: evidence collected and examined by my office, that Israeli Prime

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Speaker 2: Minister Benjamin Netanyahu and Minister of Defense Jav Gallant bear

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Speaker 2: criminal responsibility for the following international crimes committed on the

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Speaker 2: territory of the State of Palestine from at least the

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Speaker 2: eighth of October twenty twenty three. The crimes include starvation

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Speaker 2: of civilians as a method of warfare.

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Speaker 1: Why do you think starvation has been chosen as the

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Speaker 1: war crime that Israel is accused of, Greg, given that

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Speaker 1: we've seen a bombardment, we've seen a siege, We've seen

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Speaker 1: aerial attacks. There's a lot of things that one could

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Speaker 1: accuse Israel or if one was minded to do so, well, I.

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Speaker 4: Don't think so, because war is a violent business, but

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Speaker 4: states are allowed to wage war in their own self defense.

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Speaker 4: Australia has been to war many times. It's a very

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Speaker 4: very violent business and states are entitled to be very

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Speaker 4: violent in the prosecution of a just war within the

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Speaker 4: laws of war. It's wrong to suggest that the Israeli

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Speaker 4: justice system would not look at an issue of starvation

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Speaker 4: if that were at all credible. It's not remotely credible.

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Speaker 4: Hundreds of thousands of tons of food Aid have gone

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Speaker 4: into Gaza facilitated by Israel. At the moment, Gaza's border

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Speaker 4: with Egypt is closed, So if the ICC wanted to

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Speaker 4: prosecute someone for starving Gaza, it could prosecute Egypt because

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Speaker 4: it won't allow AID to go into Gaza. Why would

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Speaker 4: the ICC move so quickly when the whole idea of

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Speaker 4: the ICC is that it only moves if normal national

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Speaker 4: jurisdictions have failed, Well, they will be. I can guarantee

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Speaker 4: it a thousand judicial reviews of this war within Israel,

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Speaker 4: because that's what democracies do. Israel's a twenty four character democracy,

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Speaker 4: that's what it will do. But of course, if Israel

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Speaker 4: actually was starving a population, that would be a war crime.

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Speaker 4: But there is just no evidence of this whatsoever. In fact,

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Speaker 4: AID shipments when they've gone in, have been stolen by Hummas.

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Speaker 4: They've been attacked by Hummas, the AID crossing points have

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Speaker 4: been attacked by Hamas. No one has made it more

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Speaker 4: difficult for AID to get into Palestinians than Hamas. And

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Speaker 4: of course the moral responsibility for the whole thing rest

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Speaker 4: with Hummas.

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Speaker 1: So let's look at that argument the other way Greek.

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Speaker 1: If the ICC is supposed to act where local legal

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Speaker 1: processes are absent, that applies to Hamas, doesn't it. There

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Speaker 1: are no gars and courts that are going to prosecute

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Speaker 1: Hermas leaders.

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Speaker 4: Well. Of course, the prosecution of Hamas is justified, but

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Speaker 4: the International Criminal Court doesn't generally prosecute terrorist groups. Of course,

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Speaker 4: there won't be a legal process against Tummas unless Israel

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Speaker 4: conducts it. But the ICC isn't taking any action against Tummas.

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Speaker 4: The ISC is the last thing that would travel Hummas

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Speaker 4: on the list of Hamas's enemies, internal and external, the

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Speaker 4: ISC would rank about fivey twelve or something. The Israelis,

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Speaker 4: according to the U S Secretary of State Anthny Blincoln

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Speaker 4: and the British Foreign Secretary David Cameron, were offering an

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Speaker 4: extremely generous ceasepire. Those were the words of Blincoln and Cameron,

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Speaker 4: not the words of the Israelis. And all Hummas had

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Speaker 4: to do to secure this sea spire was to release

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Speaker 4: thirty three breathing Israeli hostages. They refused to do so,

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Speaker 4: so the International Criminal Court apparently demands that Israel simply

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Speaker 4: has to surrender to Hamas, and it's not allowed to

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Speaker 4: wage war against Hamas, but Hamas can wage war at

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Speaker 4: candat Israel. It's a preposterous non sequitur. The prosecution makes

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Speaker 4: no sense except in the context of a worldview which

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Speaker 4: sees Israel as inherently an illegitimate state and therefore everything

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Speaker 4: it does is essentially illegitimate.

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Speaker 1: Greg Sheridan is The Australian's Foreign editor. Thanks for joining

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Speaker 1: us on the front. We'll be back tomorrow and in

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Speaker 1: the meantime you can check out Australia's Best Journalism twenty

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Speaker 1: four to seven at Vaustralian dot com dot au.