KUALA LUMPUR: Malaysia has called on the International Court of Justice (ICJ) to provide a clear and authoritative statement on Israel's obligations as an occupying power and United Nations (UN) member state in relation to the Occupied Palestinian Territory (OPT).
Datuk Seri Azalina Othman Said, who is Minister in the Prime Minister's Department (Law and Institutional Reform), said during public hearings at the ICJ in The Hague on Monday (April 28), Malaysia appeared before the Court – not merely as a UN member – but "as a voice echoing the pain of a people whose rights, homes and future are being dismantled before the eyes of the world."
"And yet, we are here to try and get some clarity on the obligations of Israel as an occupying power and as a member of the United Nations as these relate to the OPT.
"The authoritative statement of these obligations by the Court will greatly assist the General Assembly in its efforts to bring to an end," she said during Malaysia's intervention.
The statement was made available to Bernama on Tuesday (April 29).
The public hearings on the "Obligations of Israel in relation to the Presence and Activities of the United Nations (UN), other International Organisations and Third States in, and in relation to the OPT" is held from April 28 to May 2.
This marks Malaysia's third participation in ICJ Advisory Opinion proceedings related to Palestine, following previous engagements in 2004 and 2024.
Azalina noted that the situation in the OPT had deteriorated significantly since Malaysia's last appearance before the ICJ in February 2024, with Israel now engaged in openly declared displacement and destruction of the Palestinian population.
Azalina cited statements by Israeli Defence Minister Israel Katz and former Israeli defence minister Yoav Gallant, highlighting the targeting of Gaza's civilian population and threats of absolute destruction unless conditions imposed by Israel are met.
"In the last few weeks, we have witnessed a renewed offensive against Palestinians in the Gaza Strip and the West Bank, accompanied by statements from Israeli officials that leave no doubt about Israel's intention to ultimately deny the Palestinian people their right to self-determination.
"Threatening the civilian population with destruction unless they achieve objectives that Israel itself has failed to accomplish is a clear demonstration of Israel's intentions," she added.
Azalina stressed that despite previous ICJ orders for provisional measures and the Advisory Opinion of July 19, 2024, Israel continued to defy its international obligations.
She further underlined Malaysia's position that Israel remains under a matrix of obligations under international humanitarian and human rights law as an occupying power, including ensuring adequate provision of food, water, shelter, education and health services to the civilian population.
"Instead, Israel has consistently deprived the OPT of its resources, destroyed its infrastructure, and now legislated to cease operations of the United Nations Relief and Works Agency for Palestine (UNRWA), the UN agency that has assumed comprehensive humanitarian responsibility in the territory," Azalina said.
She argued that UNRWA serves as a humanitarian substitute for the Protecting Power under international humanitarian law and that Israel had "no latitude" to unilaterally terminate its operations without arranging an alternative.
Azalina also highlighted Israel's breaches of its obligations as a UN member state, including obstructing UN functions and violating the privileges and immunities of UN staff and property.
"The adoption and implementation of laws aiming to cease UNRWA's operations not only violate Israel's obligations but also strike at the heart of the Palestinian people's right to self-determination," she said.
Malaysia maintained that Israel's recent actions constitute violations of each of the four aspects of the right to self-determination identified by the Court, namely territorial integrity, the integrity of the people, permanent sovereignty over natural resources, and the right to determine political, economic and cultural development.
"States undertake obligations not as rhetorical gestures, but with a view to achieving certain ends-namely, the protection of peoples from extinction and the safeguarding of their right to self-determination," Azalina said.
Malaysia also urged the Court to affirm the obligations of Israel under international law and to assist the international community in bringing an end to the unlawful situation in the OPT.
The hearings aim to provide an advisory opinion on the legal responsibilities of Israel concerning its presence and actions in the territory, and the implications for the United Nations, international organisations, and third states, according to the Foreign Ministry in a previous statement. – Bernama
