KUALA LUMPUR – Malaysia is scheduled to present its oral submissions on the legal consequences of Israel’s policies and practices in the occupied Palestinian territory at the International Court of Justice (ICJ) this Thursday (February 22).
In a statement today, Foreign Minister Mohamad Hasan said he will spearhead the Malaysian delegation during the public hearings at the Peace Palace in The Hague from February 19 to 26.
The purpose of these hearings is to seek the ICJ’s advisory opinion on the matter.
“Accompanied by officials from the Foreign Ministry and the Attorney-General’s Chambers, I will deliver an oral submission on behalf of Malaysia on February 22, 2024, at 5.10pm local time (February 23, 12.10am Malaysian time),” he said.
Mohamad, better known as Tok Mat, said the advisory opinion stemmed from the United Nations General Assembly’s (UNGA) resolution adopted on December 30, 2022.
Malaysia actively supported and co-sponsored the resolution, he added.
“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 December 29, 2023,” he said.
The South African application was submitted based on alleged violations by Israel of its obligations under the 1948 Genocide Convention against Palestinians in the Gaza Strip, especially since October 7, 2023.
However, Mohamad said this advisory opinion stems from a request from UNGA.
“The advisory opinion holds significant legal weight and moral authority, contributing to the clarification and advancement of international law, thus strengthening peaceful relations between states,” he added.
The UNGA has asked the ICJ to express its opinion on several issues, including the legal consequences of Israel’s violation of the Palestinian people’s right to self-determination, Israel’s policies and practices influencing the legal status of the occupation, and the resulting legal ramifications for all states and the United Nations.
Mohamad said Malaysia actively engaged in the proceedings by submitting a statement to the ICJ in July 2023.
He said that the highlighted statement underscores arguments concerning Israel’s policies and actions, such as its prolonged occupation, settlement activities, and annexation of Palestinian territory. These actions are deemed a blatant violation of the Palestinians’ right to self-determination.
This marks Malaysia’s second participation in the ICJ advisory opinion procedure supporting Palestine.
In 2004, Malaysia engaged in a request for the ICJ’s advisory opinion on the legal consequences of the construction of a wall in the occupied Palestinian territory, in which the court ruled that Israel’s actions violated international law. – February 20, 2024
