THIS has been an interesting week on the local front, and one big news item is the Madani government’s decision to set up a Royal Commission of Inquiry to scrutinise issues relating to the sovereignty of Pedra Branca (Batu Puteh), Batuan Tengah (Middle Rocks) and South Ledge (Tubir Selatan) which was brought by Malaysia and Singapore before the Inter-national Court of Justice (ICJ) for a decision on their territorial sovereignty.
Many Malaysians would also recall that another sovereignty dispute with Indonesia brought before the world court was the Sipadan and Ligitan case.
While this columnist is watching further developments on the RCI on Batu Puteh, let’s talk about the ICJ for now. It is not about maritime disputes this time but about humanity.
Malaysia’s Foreign Minister Datuk Seri Mohamad Hasan made his maiden appearance at the United Nations Security Council’s (UNSC) open debate on the “Situation in the Middle East, Including the Palestinian Question” in New York City on Tuesday. This session is a regular quarterly session debate on the subject and this time, France as the current UNSC chair elevated it to an open debate at ministerial level. Member states can request to speak and Malaysia decided to do it as Palestine is an important issue.
“There is no resolution on the table, no voting. We want to let our views be known and show support in solidarity for the Palestinians. We do whatever we can to highlight the plight of the Palestinians and fight for their right to self determination.
“Palestine really appreciates it. We must uphold international law. It’s the right and moral thing to do,” said an official.
At the open debate, Mohamad said Malaysia demanded accountability for Israel’s clear violations of international law, and that it is time to recognise what Israel has been doing as genocide.
It is not easy to deliver a statement in the august hall under the watchful eyes of the permanent members, so probably there were some nerves on Mohamad’s part. He may seem to be rushing through reading the prepared statement but the Foreign Minister delivered what Malaysia wanted to say, which included the fact that it is time to accept the State of Palestine as a full member of the UN and condemn Israel’s apartheid practices, and persecution of the Palestinian people in the Occupied Palestinian Territories.
Mohamad also indicated Malaysia will participate in the open hearing next month at the ICJ on Israel’s policies and practices in the Occupied Palestinian Territories next month at The Hague, Netherlands.
The UN General Assembly voted in December 2022 to request that the ICJ issue an advisory opinion on whether Israeli policies against Palestinians violated international law. After the ICJ accepted non-public written statements in 2023, oral hearings for the case are set to begin next month.
The advisory opinion is very straightforward. Malaysia is one of the countries which submitted the request along with Indonesia.
This is an important process. The ICJ opinion, although non- binding, carries much weight and is authoritative. It will provide strong and concrete legal arguments to further condemn Israel’s actions and pressure its supporters to end the occupation and recognise Palestine’s right to self-determination in a free, sovereign and independent state.
“We can increase our efforts to support the Palestinian cause and coordinate among like minded countries. Many countries have also requested the ICJ look into the ‘apartheid’ policies of Israel against Palestinians.
“If the ICJ rules that the policies are consistent with apartheid practices, it can be a very strong and compelling point to rally global support for Palestinians. It must be seen as more than an Arab/Muslim issue,” said an official.
On Friday, the world court deliberated on South Africa’s case that Israel has violated its obligation under the Genocide Convention of which it is a party. At the same time South Africa requested that the ICJ rule on provisional measures if the court found it plausible that acts of genocide are being committed. Malaysia has shown support for this case as we are a party to the Genocide Convention.
The ICJ has made its ruling and although it fell short of calling for a ceasefire, the court told Israel to take measures to prevent acts of genocide in the Gaza Strip and allow humanitarian aid into the area.
What does the ruling mean ? At this stage, the ICJ was not considering whether Israel is actually committing genocide in Gaza -- that process will take several years.
It is still a great deal because it would be very difficult for Israel’s Western supporters to continue giving Israel diplomatic cover and facilitate it in the war. Israel will be isolated further and condemned by many countries.
Will there be global pressure to stop the war in Gaza and will there be another session at the UNSC and possibly UN General Assembly to implement the ICJ decision on provisional measures? Will the UNSC use its authority to ensure implementation?
Israel must now report back in a month’s time to the ICJ on what steps it will take. The decision is binding but the challenge is getting Israel to implement it.
In nearly four month, 25,000 Palestinians have been killed and tens of thousands more driven out of their homes by Israel’s military operation following the Hamas crossborder attack on Oct 7.
The South African government said the ICJ decision marks a decisive victory for the international rule of law and a significant milestone in the search for justice for the Palestinian people.
So what is left of Israel’s credibility? The pressure is on, not just against Israel but its Western backers too.
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