KUALA LUMPUR: Malaysia has demanded for Israel to cease all forms of violations, offer assurances of non-repetition, and provide reparation as they have violated several rules of international law and core elements of the right to self-determination of the Palestinian people.
Foreign Minister Datuk Seri Mohamad Hasan said Malaysia submits that Israel's "policies and practices" is in reality an "occupation" that breach the most fundamental peremptory norm of international law.
The policies and practices, he said, included the construction, maintenance, and extension of a wall in the Occupied Palestinian Territory (OPT), the demolition of Palestinian homes and the forced transfer of Palestinians in the territory, the control of the provision of food, water, electricity, and other amenities to the OPT, and other acts and measures.
"Malaysia submits that this serious breach of a most fundamental peremptory norm of international law renders unlawful the occupation as a whole. In particular, Malaysia submits that it is the "policies and practices", discussed and assessed in these proceedings, that constitute the occupation.
"These "policies and practices" are in fact the occupation itself. They are the means by which Israel enforces its control, the means by which it occupies the Palestinian territory.
"And they are also unlawful: they breach a great number of rules of international law, and ultimately result in a serious breach of the Palestinian people's right to self-determination. This must mean that the occupation as a whole is unlawful, as it constitutes a flagrant denial of the right to self-determination," he said.
Mohamad was delivering Malaysia's oral statement 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 today.
Mohamad also called on other states to cooperate in ending the occupation and not supply help to Israel in maintaining the unlawful denial of the Palestinian's rights.
This, he said, also includes the United Nations to continue being a platform for coordinated efforts among nations aimed at bringing an end to the occupation.
Mohamad said the ICJ also has the authority to respond to the request of the United Nations General Assembly (UNGA) regarding the legality of Israel's actions in the OPT.
He said the UNGA request concerns legal questions within the ICJ's jurisdiction and that there are no compelling reasons for the court to refuse to render an opinion.
ICJ had from Monday held hearings on the legal consequences of Israel's occupation of Palestinian territories since 1967, with 52 countries expected to give evidence.
In December 2022, the UNGA had asked the ICJ for a non-binding "advisory opinion" on the issue.
While any ICJ opinion would be non-binding, it comes amid mounting international legal pressure on Israel over the war in Gaza sparked by the Oct 7 Hamas attacks.
Meanwhile, Mohamad touched on the need for the continued support of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
"Malaysia stresses the obligation of all states to support the UNRWA, and to halt any financial or military support to Israel that aids or assists in the denial of the right to self-determination and the unlawful occupation.
"As for the legal consequences that arise for the United Nations, these are none other than the obligation to pursue with vigour its "permanent responsibility" towards the question of Palestine, including its responsibility to ensure UNRWA's continued effective functioning," he said.
The UN, he said, must continue to serve as a forum of institutionalised cooperation for states working towards fulfilling their secondary obligations of bringing to an end the ongoing violation of the Palestinian people's right to self-determination and the unlawful occupation of the
"Malaysia remains steadfast in our pursuit of a world where compassion and justice prevail. The principal judicial organ of the United Nations is asked today to do its part in that noble pursuit.
"Malaysia sincerely hopes that it will agree to do so."
Read the full speech here: Oral statement by Foreign Minister Datuk Seri Mohamad Hasan at Int'l Court of Justice