By Nur Syakirah Jamil
THE HAGUE: Malaysia has called on the International Court of Justice (ICJ) to take decisive action against Israel's policies and practices in the Occupied Palestinian Territories, citing escalating breaches of international law and human rights.
Speaking at the ICJ's public hearing on Monday, Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said noted that Israel has failed in its responsibilities as an occupying power and a member of the United Nations.
Malaysia's submission emphasised that Israel, as both an occupying power and a member of the United Nations, must be held accountable for its legal duties, particularly in facilitating humanitarian relief and upholding the Palestinian people's right to self-determination.
"Israel has a duty to protect those under its occupation and to uphold the principles of equality and self-determination," she said.
She added Israel's actions in blocking humanitarian aid, closing border crossings, and disrupting United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) operations in Gaza, stating that these measures directly undermine the Palestinian people's right to self-determination.
"Israel's adoption of legislation to ban UNRWA operations, along with systematic attacks on its facilities, constitutes not just a dereliction of duty, but a grave breach of international law," Azalina said.
Azalina criticised remarks made by Israeli Defence Minister Israel Katz, who said the aim of Israel's operations in Gaza was not only to pressure Hamas but also the civilian population.
"Destroying the civilian population if they do not remove Hamas reveals Israel's true purpose without any ambiguity," she said.
"These actions not only violate Israel's responsibilities as an occupying power but also directly undermine the right of the Palestinian people to self-determination," Azalina said.
The public hearings on the "Obligations of Israel in relation to the Presence and Activities of the United Nations, other International Organisations, and Third States in, and in relation to, the Occupied Palestinian Territory" are scheduled from April 28 to May 2.
Azalina is leading the Malaysian delegation, accompanied by senior officials from Wisma Putra, Legal Affairs Division, Attorney General's Chambers, and the Embassy of Malaysia in The Hague.
On Sunday, Wisma Putra, in a statement, said this marks Malaysia's third participation in ICJ Advisory Opinion proceedings related to Palestine, following previous engagements in 2004 and 2024.
"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.
"Malaysia's involvement underscores its commitment to upholding international law and advocating for Palestinian rights," the statement read.
Wisma Putra added that Malaysia stands firm in its principled stance of continuing to advocate for the establishment of an independent and sovereign Palestinian State, based on the pre-1967 borders with East Jerusalem as its capital, as part of its commitment to justice, peace and respect for international law.
This Advisory Opinion stems from the United Nations General Assembly Resolution 79/232 adopted on Dec 19, 2024.
Malaysia co-sponsored and voted in favour of this Resolution and was part of the Core Group that initiated the Resolution. Malaysia will join 39 other States and four international organisations at the Oral Hearings.
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