Malaysia to give oral submissions to ICJ against Israel
Published on: Tuesday, February 20, 2024
By: FMT
Foreign minister Mohamad Hasan says the request for the advisory opinion of the International Court of Justice stems from the United Nations General Assembly’s Resolution adopted on Dec 30, 2022. (Reuters pic)
PETALING JAYA: Malaysia will submit its oral submissions on the legal consequences of Israel’s policies and practices in the occupied Palestinian territory before the International Court of Justice (ICJ) this Thursday.
Foreign minister Mohamad Hasan said he would lead the Malaysian delegation in the public hearings on the request for the ICJ’s advisory opinion on the matter at the Peace Palace, The Hague, from Feb 19 to 26.
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“Accompanied by officials from the ministry and the Attorney-General’s Chambers, I am scheduled to deliver Malaysia’s oral submissions on Feb 22 at 5.10pm local time (Feb 23, 12.10am Malaysian time),” he said in a statement.
Mohamad, better known as Tok Mat, said the request for the advisory opinion stemmed from the United Nations General Assembly’s (UNGA) Resolution adopted on Dec 30, 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 Dec 29, 2023,” he added.
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, this advisory opinion derives from the request by UNGA.
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“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,” Mohamad said.
UNGA has posted several questions for the ICJ to provide its opinion on, namely the legal consequences arising from Israel’s violation of the right of the Palestinian people to self-determination, the policies and practices of Israel affecting the legal status of the occupation, as well as the legal consequences that arise for all states and the United Nations.
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Mohamad said Malaysia had participated in the written proceedings by submitting a statement to the ICJ in July 2023.
He said the statement highlighted 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 Palestinians’ right to self-determination.
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.
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