Foreign Minister Mohamad Hasan is set to lead the Malaysian delegation to The Hague in the Netherlands to participate in public hearings at the request of the International Court of Justice (ICJ).
He will be participating in the advisory opinion concerning the legal consequences arising from the Policies and Practices of Israel in the occupied Palestinian Territory, including East Jerusalem at the Peace Palace at The Hague.
The hearings are being held from Feb 19-26 and Mohamad is scheduled to deliver Malaysia’s oral submission on Feb 22 at 5.10pm local time (Feb 23 at 12.10am Malaysian time).
He will be accompanied by officials from the Foreign Ministry and Attorney-General’s Chambers (AGC).
"The request for this advisory opinion emanates from the United Nations General Assembly’s (Unga) Resolution 77/247 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.
"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 Oct 7, 2023, this advisory opinion derives from the request by the United Nations General Assembly," said Mohamad in a statement today.
The advisory opinion is an important process to obtain legal advice from the ICJ, the principal judicial organ of the UN, per 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 strengthening peaceful relations between states.
According to the foreign minister, 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 is contrary to international law,” he said.
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 that arise from Israel’s violation of the right of the Palestinian people to self-determination.
The policies and practices of Israel that affect the legal status of the occupation.
The legal consequences that arise for all States and the United Nations, and
The legal consequences that arise for all States and the United Nations.
Written statement
Mohamad said Malaysia is participating in this advisory opinion procedure to assist the ICJ in the examination of the legal questions put to it by the general assembly.
"Before the upcoming public hearings, Malaysia participated in the written proceedings by submitting a written statement, which was deposited to ICJ on July 25, 2023.
"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.
"I will expand further on these arguments during our oral submission on Feb 22," he added.
He 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," he said. - Mkini
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