Malaysia to participate in the public hearings in ICJ on Israel’s policies in occupied Palestinian Territory -Ministry

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KUALA LUMPUR: Foreign Minister Datuk Seri Mohamad Hasan will be delivering Malaysia’s Oral Submission on 22nd February 2024 at the Peace Palace, The Hague in the public hearings on the legal consequences arising from the Policies and Practices of Israel in the occupied Palestinian Territory including East Jerusalem.

The Foreign Ministry said, the request for this Advisory Opinion emanates from the United Nations General Assembly’s (UNGA) Resolution 77/247 adopted on 30 December 2022.

“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,” the ministry said in a statement today.

The statement stressed that this is the second time Malaysia is 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 is contrary to international law.

Meanwhile in the current Advisory Opinion proceeding, the General Assembly posed several questions for ICJ to render its opinion. They are as follows: The legal consequences arising from Israel’s violation of the right of the Palestinian people to self-determination; b) The policies and practices of Israel affecting the legal status of the Occupation; and (c) The legal consequences that arise for all States and the United Nations.

“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. Prior to the upcoming Public Hearings, Malaysia participated in the written proceedings by submitting a Written Statement, which was deposited to ICJ on 25 July 2023,” the statement said.

The statement added, Malaysia’s Written Statement highlights arguments relating to Israel’s policies and measures, including its prolonged Occupation, settlement activities and annexation of the Palestinian territory, that constitute a clear violation of the right to self-determination of the Palestinians. The Statement also asserted that the Occupation as a whole is considered illegal under international law.

Meanwhile, the Foreign Minister said: “I will expand further on these arguments during our oral submission on 22nd February 2024.

Accompanied by officials from the Ministry of Foreign Affairs and Attorney General’s Chambers (AGC), Foreign Minister added,  participation in the current Advisory Opinion procedure signifies Malaysia’s ongoing concerted efforts at various multilateral platforms, including at the UN Security Council, Non-Aligned Movement (NAM), Organisation of Islamic Cooperation (OIC), Asia-Pacific Economic Cooperation (APEC) and Association of Southeast Asian Nations (ASEAN) in support of Palestine and to bring Israel to justice.

“As a strong advocate for Palestine, our presence at the ICJ is also important in joining forces with other like-minded countries in defending humanity. This is also in line with the strong leadership of Prime Minister Datuk Seri Anwar Ibrahim, who has been a vocal proponent for the rights of Palestinians at various multilateral fora.

“The Prime Minister has constantly asserted the moral responsibility of the international community to address the atrocities committed by Israel against innocent Palestinians, especially women and children,” the statement said.

In the statement, Datuk Seri Mohamad said, Malaysia remains committed, within its means and capabilities, to finding a lasting solution for the Palestine-Israel conflict, through all internationally recognised platforms.

“I would like to reiterate Malaysia’s long-standing position that the Palestinians deserve their own independent and sovereign State, based on the pre-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,” Mohamad said. – Malaysia World News




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