Malaysia ignores the opinion of its most respected adviser on international law when submitting to the ICJ on the matter of Palestine

 by Ganesh Sahathevan 

 INTERNATIONAL COURT OF JUSTICE

It has been previously reported on this blog that  Malaysia 's most respected adviser on matters of international law,the late Sir Elihu Lauterpacht , has said in well publicised opinion that a vacuum of sovereignty existed until Israel occupied east Jerusalem by a lawful act of self-defense and thus was entitled to fill the gap in sovereignty.

However that opinion seems to have been ignored by Malaysia in its oral submission to the International Court Of Justice's hearings into the issue of Israel's conduct in  Palestine.

To Be Read With

MALAYSIA’S ORAL SUBMISSION AT THE PUBLIC HEARINGS ON THE REQUEST FOR THE INTERNATIONAL COURT OF JUSTICE’S (ICJ) ADVISORY OPINION ON THE ISSUE OF PALESTINE AT PEACE PALACE, THE HAGUE
PrintMALAYSIA’S ORAL SUBMISSION AT THE PUBLIC HEARINGS ON THE REQUEST FOR THE INTERNATIONAL COURT OF JUSTICE’S (ICJ) ADVISORY OPINION ON THE ISSUE OF PALESTINE AT PEACE PALACE, THE HAGUE

MALAYSIA’S ORAL SUBMISSION AT THE PUBLIC HEARINGS ON THE REQUEST

FOR THE INTERNATIONAL COURT OF JUSTICE’S (ICJ) ADVISORY OPINION ON

THE ISSUE OF PALESTINE AT PEACE PALACE, THE HAGUE




Minister of Foreign Affairs Dato’ Seri Utama Haji Mohamad bin Haji Hasan delivered Malaysia’s Oral Submission on 22 February 2024 at the Public Hearings on the request for the International Court of Justice’s (ICJ) Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory (OPT), including East Jerusalem at the Peace Palace, The Hague.

The Foreign Minister emphasised that Malaysia has consistently supported peace for the Palestinian people and the International Court of Justice is uniquely positioned to give guidance on the legal questions submitted by the General Assembly concerning the issue of Palestine.

The Foreign Minister asserted that the policies and practices of Israel in the Occupied Palestinian Territory breach a number of rules of public international law while violating the Palestinian people’s right to self-determination. Malaysia submitted that Israel’s Occupation as a whole is unlawful, and, therefore, must come to an immediate end.

Malaysia underlined that Israel must cease the continuing violation and withdraw immediately from the Occupied Palestinian Territory. Furthermore, Malaysia urged other States not to aid or assist Israel in maintaining its unlawful occupation and practises while emphasising the United Nations’ obligation to pursue with vigour its responsibility towards the Question of Palestine.

Aside from Malaysia, around 50 other States and three International Organisations also participated at the Public Hearings.

While in The Hague, the Foreign Minister held a meeting with Minister of Foreign Affairs and Expatriate of Palestine H.E. Riad Malki. The Ministers exchanged views on the latest situation in Palestine and agreed that all parties should unite and take decisive action to stop the atrocities in Gaza.

Malaysia remains committed to the Palestinian cause and will continue efforts, within its means and capabilities, for the establishment of an independent and sovereign State of Palestine, based on the pre-1967 borders, with East Jerusalem as its capital, as well as the admission of Palestine as a full Member of the United Nations.



PUTRAJAYA

23 February 2024