PARTICIPATION IN THE PUBLIC HEARINGS ON THE REQUEST FOR THE INTERNATIONAL COURT OF JUSTICE’S (ICJ) ADVISORY OPINION ON THE ISSUE OF PALESTINE
PARTICIPATION IN THE PUBLIC HEARINGS ON THE REQUEST FOR THE INTERNATIONAL COURT OF JUSTICE’S (ICJ) ADVISORY OPINION ON THE ISSUE OF PALESTINE
I will lead the Malaysian delegation to participate in the Public Hearings on the request for the International Court of Justice’s (ICJ) Advisory Opinion in respect of the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem at the Peace Palace, The Hague, from 19 to 26 February 2024.
Accompanied by officials from the Ministry of Foreign Affairs and Attorney General’s Chambers (AGC), I am scheduled to deliver Malaysia’s Oral Submission on 22 February 2024 at 5:10pm local time (23 February 2024 at 12:10 midnight Malaysian time).
The request for this Advisory Opinion emanates from the United Nations General Assembly’s (UNGA) Resolution 77/247 adopted on 30 December 2022. Malaysia co-sponsored and voted in favour of the resolution.
This Advisory Opinion is a separate procedure from the Application by South Africa to institute proceedings against Israel, which was filed before the ICJ on 29 December 2023.
While the South African Application is filed over alleged violations by Israel of its obligations under the 1948 Genocide Convention against Palestinians in the Gaza Strip, particularly since 7 October 2023, this Advisory Opinion derives from the request by the United Nations General Assembly.
The Advisory Opinion is an important process to obtain legal advice from the ICJ, the principal judicial organ of the UN, in accordance with Article 96 of the UN Charter and Article 65 of the ICJ Statute.
The Advisory Opinion carries great legal weight and moral authority and contributes to the elucidation and development of international law, thereby to the strengthening of peaceful relations between States.
This is the second time that Malaysia is involved in the ICJ Advisory Opinionprocedure in support of Palestine. In 2004, Malaysia participated in the requestfor the ICJ’s Advisory Opinion on the Legal Consequences of the Constructionof a Wall in the Occupied Palestinian Territory, where the Court found that suchaction by Israel is contrary to international law.
In the current Advisory Opinion proceeding, the General Assembly posedseveral questions for ICJ to render its opinion. They are as follows:
i. The legal consequences arising from Israel’s violation of the right of thePalestinian people to self-determination;
ii. The policies and practices of Israel affecting the legal status of the Occupation; and
iii. The legal consequences that arise for all States and the United Nations.
Malaysia is participating in this Advisory Opinion procedure with the aim ofassisting the ICJ in the examination of the legal questions put to it by the GeneralAssembly.
Prior to the upcoming Public Hearings, Malaysia participated in the writtenproceedings by submitting a Written Statement, which was deposited to ICJ on25 July 2023.
Malaysia’s Written Statement highlights arguments relating to Israel’s policiesand measures, including its prolonged Occupation, settlement activities andannexation of the Palestinian territory, that constitute a clear violation of the rightto self-determination of the Palestinians. The Statement also asserted that theOccupation as a whole is considered illegal under international law.
I will expand further on these arguments during our oral submission on 22 February 2024.
Participation in the current Advisory Opinion procedure signifies Malaysia’songoing concerted efforts at various multilateral platforms, including at the UNSecurity Council, Non-Aligned Movement (NAM), Organisation of IslamicCooperation (OIC), Asia-Pacific Economic Cooperation (APEC) andAssociation of Southeast Asian Nations (ASEAN) in support of Palestine and tobring Israel to justice.
As a strong advocate for Palestine, our presence at the ICJ is also important injoining forces with other like-minded countries in defending humanity.
This is also in line with the strong leadership of Prime Minister Datuk Seri AnwarIbrahim, who has been a vocal proponent for the rights of Palestinians at variousmultilateral fora.
The Prime Minister has constantly asserted the moral responsibility of theinternational community to address the atrocities committed by Israel againstinnocent Palestinians, especially women and children.
Malaysia remains committed, within its means and capabilities, to finding alasting solution for the Palestine-Israel conflict, through all internationallyrecognised platforms.
In conclusion, I would like to reiterate Malaysia’s long-standing position that thePalestinians deserve their own independent and sovereign State, based on thepre-1967 borders, with East Jerusalem as its capital.
At the same time, let me assure that Malaysia will also continue efforts in urging the admission of Palestine as a full Member of the United Nations.
YB DATO' SERI UTAMA HAJI MOHAMAD BIN HAJI HASAN
PUTRAJAYA
19 FEBRUARY 2024
