Malaysia’s Foreign Minister presented the country’s stand at the International Court of Justice and stressed on all States and the UN to push for the rights of the Palestinians and that Israel must cease the continuing violation of the occupied territories
THE HAGUE – Malaysia’s Foreign Minister, Datuk Seri Mohamad Hasan emphasised that Israel must, first of all, cease all the relevant “policies and practices” that individually breach a number of rules of public international law, determine the rights of the Palestinians, and MUST immediately withdraw from the Occupied Palestinian Territory (OPT).
Delivering Malaysia’s oral submission during public hearings over Israel’s actions at the International Court of Justice (ICJ) in the Netherlands on early Friday morning, Mohamad said Israel must cease all its relevant “policies and practices” in Palestine and withdraw immediately from the OPT.
Mohamad added that “Israel must offer assurances and guarantees of non-repetition.
“Israel is under an obligation to offer full reparation. This means that it must provide both actual and juridical restitution, including the annulment or repeal of all offending legislative and regulatory measures it has adopted for the OPT.”
Compensation
The Foreign Minister, who is also the Member of Parliament for Rembau, said that Israel must also offer compensation for all material and moral damage caused by the breach of the right to self-determination, to the extent that this is not made good by restitution.
“The legal consequences arising for Israel from its serious breach of the right to self-determination are, in principle, no more burdensome than the legal consequences arising for any State that has committed even a trivial breach of international law.
“It is rather for other States – indeed, for all other States – that special legal consequences arise out of this serious breach of jus cogens. It is for this reason that Malaysia felt it was under a duty to participate in these advisory proceedings.”
Mohamad added that all States must cooperate to bring to an end through lawful means the serious breach of the right to self-determination, and consequently the unlawful occupation of the Palestinian territory and must not recognise as lawful the situation created by the serious breach of the right to self-determination, that is, the occupation of the Palestinian territory.
Right of Palestinians to Self-Determination
He added that it is imperative that no country should render aid or assistance to Israel in maintaining the unlawful denial of the right of Palestinians to self-determination, thus the occupation of the Palestinian territory.
“Malaysia stresses the obligation of all States to support UNRWA, and to halt any financial or military support to Israel that aids or assists in the denial of the right to self-determination and the unlawful occupation.
“As for the legal consequences that arise for the United Nations, these are none other than the obligation to pursue with vigour its “permanent responsibility” towards the question of Palestine, including its responsibility to ensure UNRWA’s continued effective functioning.”
The Minister stressed that Malaysia remains steadfast in the pursuit of a world where compassion and justice prevail and that the UN must continue to serve as a forum of institutionalised cooperation for States working towards fulfilling their secondary obligations of bringing to an end the ongoing violation of the Palestinians’ right to self-determination and the unlawful occupation of the Palestinian territory.
The principal judicial organ of the United Nations is asked today to do its part in that noble pursuit. Malaysia sincerely hopes that it will agree to do so.
We are no longer talking only about the construction of a wall. We are talking about the whole host of “policies and practices”, of acts and measures, so well documented by the UN, and by most of the States that have spoken in these proceedings. These could not amount to anything less than what the construction of a wall amounted to 20 years ago. Indeed, they underscore the devastating deterioration of the situation in the OPT since then – Mohamad Hasan
Devastation
“As I stand here today, Gaza is facing devastation, including in Rafah, at the southern end of the Strip. The West Bank is also at risk. Safeguarding Palestine from destruction is crucial, especially in light of Israel’s non-compliance with the recent Order of Provisional Measures of this Court of 26 January 2024 in the case brought by South Africa. The matter before you today is of grave concern to the General Assembly, all States, and the Palestinian people.
“The Palestinian people have long suffered dehumanisation, demonisation, brutal collective punishment. They have endured, and are still enduring, the denial of their right to self-determination due to the “policies and practices” of Israel in the OPT. It is incumbent upon each of us to do our part in ending their decades-long suffering and to work towards peace in their land.
“Malaysia has consistently supported peace for the Palestinian people, aligning itself with relevant General Assembly and Security Council Resolutions. As was the case in the Advisory Opinion on the Wall, this Court is uniquely positioned to give authoritative guidance on the legal questions submitted by the General Assembly. With a firm belief in this Court’s role as the custodian of international law, we remain confident that justice and peace will prevail for Palestine.”
More than 50 countries are presenting their arguments on the legal consequences of the Israeli occupation in Palestine during the public hearings that began on Monday.
Advisory Opinion Procedure
Earlier, Mohamad said that Malaysia is participating in this Advisory Opinion procedure with the aim of assisting the ICJ in the examination of the legal questions put to it by the General Assembly where the request for the Advisory Opinion emanates from the United Nations General Assembly’s (UNGA) Resolution 77/247 adopted on Dec 30, 2022, where Malaysia co-sponsored and voted in favour of the resolution.
The Advisory Opinion is a separate procedure from the application by South Africa to institute proceedings against Israel, which was filed before the ICJ on Dec 29, 2023, he said.
He pointed out that while the South African application was filed over alleged violations by Israel of its obligations under the 1948 Genocide Convention against Palestinians in the Gaza Strip, particularly since Oct 7, 2023, the Advisory Opinion derives from the request by the UNGA.
Important Process
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, he said.
“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,” he said.
This is the second time that Malaysia has been involved in the ICJ Advisory Opinion procedure in support of Palestine.
In 2004, Malaysia participated in the request for the ICJ’s Advisory Opinion on the legal consequences of the construction of a wall in the occupied Palestinian territory, where the court found that such action by Israel was contrary to international law.
According to Mohamad, in the current Advisory Opinion proceeding, the General Assembly posed several questions for ICJ to render its opinion including the legal consequences arising from Israel’s violation of the right of the Palestinian people to self-determination. It also posed questions on the policies and practices of Israel affecting the legal status of the occupation and the legal consequences that arise for all states and the United Nations.
Written Proceedings
Before the upcoming public hearings, Mohamad said Malaysia participated in the written proceedings by submitting a written statement, which was deposited with the ICJ on July 25, 2023.
Mohamad said participation in the current Advisory Opinion procedure signifies Malaysia’s ongoing concerted efforts at various multilateral platforms including the UN Security Council, Non-Aligned Movement (NAM), Organisation of Islamic Cooperation (OIC), Asia-Pacific Economic Cooperation (Apec) and Association of South-East Asian Nations (Asean) in support of Palestine and to bring Israel to justice. – NMH
Also read:
Gaza: Crimson-Tinted Brands And Their Roles In The Genocide
Malaysia Condemns Israel Attack On Rafah
Datin Hasnah is the co-founder and CEO of New Malaysia Herald based in Kuala Lumpur, Malaysia.
With an extensive background in mass communication and journalism, she works on building up New Malaysia Herald and it’s partner sites. A tireless and passionate evangalist, she champions autism studies and support groups.
Datin Hasnah is also the Editor in Chief of New Malaysia Herald.
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