Ikuti secara langsung Kenyataan Negara terhadap Mahkamah Keadilan Antarabangsa (ICJ) mengenai Palestin disampaikan oleh Menteri Undang-undang dan Reformasi Institusi di Jabatan Perdana Menteri, Datuk Seri Azalina Othman di The Hague, Belanda.
Category
🗞
NewsTranscript
00:00Even further, since that day in February 2024, what was then widespread devastation has now evolved into openly declared, brutally enforced and tragically ignored outright displacement and destruction.
00:14In the last few weeks, we have witnessed not only a renewed offensive against the Palestinian population in the Gaza Strip and the West Bank, but also statements by senior Israel officials that leave no doubt Israel's intention is to bring about the ultimate denial of the Palestinian people's right to self-determination through their eventual displacement and elimination.
00:38Just in these last few weeks, Israel Defence Minister Kass has on two occasions admitted openly that the target of Israel's oppression is in the civilian population of Gaza.
00:49I'm sorry to interrupt you, but could you please speak more slowly?
00:53Yes, of course.
00:55I will try, Mr. President.
00:57On 19 March, Kass addressed a final warning to the residents of Gaza.
01:02The air force strikes against Hamas, he said, were just the first step.
01:06It will become much more difficult, and you, the residents of Gaza, will pay the full price.
01:12Kass continued, return the hostages and remove Hamas, and other options will open for you, including leaving for other places in the world for those who want to.
01:21The alternative is absolute destruction.
01:24Again on 2 April, Kass posted on Twitter, X, the goal of Operation Strength and Sword is first and foremost to increase pressure for the release of all hostages.
01:34But the goal is not to increase the pressure just on Hamas, Mr. President.
01:39According to Minister Kass, the goal is to increase the pressure also on the population in Gaza.
01:46Kass finished his post by calling on the residents of Gaza to act now to remove Hamas and return all the hostages.
01:52This is the only way to end the war, threatening the civilian population of Gaza with destruction unless they remove Hamas and return the hostages,
02:03an objective that even Israel, with all its military might, has not even come close to achieving in over a year and a half of merciless killing and maiming.
02:13This demonstrates Israel's intention is in no uncertain terms.
02:18Israel's allies themselves confirmed this before Israel's violation of ceasefire, when they stated in February that Gaza is hell, a pure demolition site, and not a place for people to be living.
02:30According to such Israel allies, Palestinians have experienced nothing but death and destruction, and their return to Gaza is a guarantee that they are going to end up dying.
02:41What more is there to be said as to the objective that Israel is pursuing, Mr. President?
02:48Even before it shattered the ceasefire and renewed its offensive on 18 March, Israel imposed a total blockage on the humanitarian relief destined for Gaza,
03:00closing all border crossings and completely cutting off the electricity supply into the strip.
03:05The stated aim of these unlawful and inhuman measures was to exert pressure on Hamas to accept changes to the already agreed upon ceasefire.
03:14This demonstrates Israel's control as an occupying power over life and death in the strip.
03:20It also brings the subject matter of the request for an advisory opinion currently before your court into sharp relief.
03:27These Israel measures have been taken following Israel's passage of legislature purporting to ban the oppression of the United Nations Relief and Works Agency for Palestinian refugees in Near East,
03:40both in Israel and in the occupied Palestinian territory.
03:44Malaysia is saddened, but unfortunately not surprised.
03:47To add, all this has been happening is the face of provisional measure orders handed down by the court in case brought by South Africa against Israel,
03:57and in the face of the advisory opinion of 19 July 2024.
04:01It is typical of Israel to ignore its international obligations and the decision of this court, the principal judicial organ of the United Nations.
04:11And yet, we are here to try and to get some clarity on the obligations of Israel as an occupying power and as a member of the United Nations as this relates to the OPT.
04:23The authoritative statements of these obligations by the court will greatly assist the General Assembly in its effort to bring to an end,
04:31in accordance with the court's advisory opinion as mentioned, Israel's unlawful occupation of the OPT.
04:39Malaysia's submission today is straightforward.
04:41It builds upon its submission and the court's advisory opinion of 2024.
04:46It can be essentially distilled into the following arguments.
04:50One, the obligations of Israel as an occupying power, as they have been detailed in the Malaysian's written statement,
04:57as they will be summarised in our presentation today, are established to accord protection to a people under foreign occupation.
05:04Second, the obligations of Israel as a member of the United Nations are established in pursuit of the organisation's purpose.
05:11To develop friendly relations among nations based on respect for the principle of equal rights and self-determination.
05:17Third, the recent policies and practices of Israel, especially with respect to UNRWA, do not only constitute violations of its obligation as an occupying power and as a member of the United Nations.
05:31Rather, taken together, they are also in serious breach of each of the four aspects of the right to self-determination of the Palestinian people.
05:39As these were detailed by the court in its advisory opinion of 19 July 2024,
05:43In this presentation, we will first deal briefly with the court's jurisdiction and its discretion to respond to the request of the General Assembly.
05:54In the second and third part of our presentation, we will summarise what Malaysia submits are the obligations of Israel as the occupying power and a member of the United Nations in and in relation to the OPT,
06:07especially with respect to the operation of UNRWA.
06:11In the final part of our presentation, we will demonstrate how the policies and practices of Israel in this respect not only violate the obligations that we have summarised,
06:21but constitute a grave breach of the right of the Palestinian people to self-determination.
06:26Mr. President, members of the court, allow me to be brief when it comes to your jurisdiction and the exercise of your discretion in the present request for an advisory opinion.
06:36With respect to jurisdiction, it appears obvious to Malaysia that the General Assembly is competent to submit this request
06:43and that the request for the court to give its opinion on a legal question.
06:48In particular, the question is for the court to set out the obligations of a state under international law in a particular context.
06:56It is thus a question framed in terms of law and raising problems of international law,
07:02thereby being, by its very nature, susceptible to a reply based on law.
07:08As we regard the court's discretion, it is Malaysia's submission that there are no compelling reasons for the court to decline the exercise of its jurisdiction in the instance.
07:20There are no such reasons any more than there were in the world opinion, or indeed in the opinion of 19 July 2024,
07:28of which this request can be seen as an extension.
07:31What led to this request is indeed the adoption of Israel's policy and practices in the OPT,
07:38as this relates to the UN, other international organisations, and the third state.
07:44What is more, the purportly compelling reasons invoked by some states in their written statements,
07:49such as the Eastern Keralia principle, the alleged insufficiency of factual information before the court,
07:56and the complexity of the situation in the Middle East, have been pleaded before this court, time and time again,
08:04in similar circumstances, and have been consistently rejected.
08:08Malaysia respectfully submits that there is no reason for the court to diverge from this constant jurisprudence.
08:16Mr. President, members of the court,
08:17The court has already found that the OPT constitute a single territorial unit,
08:23and that Israel has obligations as an occupying power of that whole territorial unit,
08:28obligations which are commensurate with the degree of its effective control over it.
08:33This effective control is today complete, including over the Gaza Strip,
08:38as our introductory references to Israel's total cutting off,
08:41humanitarian aid and electricity in Gaza have demonstrated.
08:44As they are occupying power over the whole of OPT,
08:49Israel is under a matrix of obligation which emanate from international humanitarian law
08:54and international human rights law.
08:57The latter remains applicable even during armed conflict.
09:01As the court has consistently found,
09:03Malaysia will not go through these obligations here.
09:07We respectfully refer the court to Malaysia's written statement,
09:11which set out these obligations in some detail.
09:13Malaysia will, however, provide a general structure of the matrix of obligation
09:19incumbent upon Israel as the occupying power.
09:23The matrix is construed by relevant provisions,
09:27which is the Hague Regulation of 1907,
09:30the Fourth Geneva Convention of 1949,
09:32and the First Additional Protocol of 1977.
09:35This reflects not just international customary law,
09:39but inter-inguishable principles of international customary law,
09:43Malaysia submits.
09:45They are supplemented by obligations under international human rights law.
09:50Taken together,
09:51this obligation establish that Israel,
09:53Israel as the occupying power,
09:55must administer the OPT for the benefit of the local population.
10:00Israel is under a set of positive obligations
10:03to ensure that the civilian population in the OPT
10:06is adequately provided with food,
10:09water,
10:10shelter,
10:10clothing,
10:11fuel,
10:11energy,
10:12and generally all the necessities of life,
10:15along with educational and health services.
10:17In parallel,
10:19Israel is under a set of negative obligations
10:22not to hinder or interfere
10:24with the operation of health and education services
10:27or with the operations of humanitarian organisations in the OPT.
10:32If the civilian population is inadequately supplied,
10:36which in our case there is no question that it is,
10:38then the matrix of obligation incumbent upon Israel
10:41requires it to agree to
10:43and to facilitate relief schemes,
10:46including by impartial humanitarian organisations
10:49to facilitate distribution of relief consignments
10:52and to guarantee the protection of such relief
10:55and the relevant humanitarian personal engage
10:58in its transport and distribution.
11:01It is malicious submission, Mr President,
11:03that Israel is in clear breach of this
11:06whole matrix of obligation of an occupying power.
11:11Israel has not only kept the OPT chronically undersupplied,
11:16adding insult to injury,
11:17it has been consistently draining it of its resources,
11:21such as they are,
11:22or it has been wantonly destroying them,
11:24along with facilities dedicated to education and health.
11:29Most recently,
11:30Israel has legislated to ban the operation of UNRWA in the OPT,
11:34essentially stopping the only humanitarian organisation
11:38that has assumed comprehensive responsibility
11:40for the provision of the civilian population.
11:44And he has now completely blocked any humanitarian aid
11:47and electricity into Gaza as well,
11:49as we have already reported.
11:50But Malaysia has one further submission
11:53to make this connection, Mr President.
11:56That is, UNRWA functions as a humanitarian substitute
11:59of the protecting power under international humanitarian law.
12:02As Additional Protocol 1 reminds us,
12:05the system of protecting power is compulsory.
12:09It is not merely an option.
12:11In the absence of protecting power or an official substitute,
12:15Israel as the occupying power
12:17is under an unconditional obligation
12:19to accept the offer of a humanitarian organisation
12:23to function as a humanitarian substitute.
12:25It is the United Nations acting to UNRWA
12:29that has been operating as a humanitarian substitute
12:32of protecting power in the OPT since inception.
12:36And certainly since the exchange of letters of 14 July 1967
12:39with respect to Israel.
12:42Israel has no latitude
12:44to refuse the offer of UNRWA
12:46to undertake the humanitarian functions
12:48provided for in the 4th General Convention
12:52with respect to the OPT,
12:534th Geneva Convention with respect to the OPT.
12:56And Israel cannot validly withdraw its consent
12:59with respect to UNRWA's humanitarian operations
13:01and its purpose to do through its law
13:04to cease UNRWA operations
13:06unless it requests or accepts
13:08the offer of another humanitarian organisation
13:11within the two-month time limit
13:14understood to be prescribed
13:15by the 4th Geneva Convention for that purpose.
13:19Mr President, Members of the Court,
13:22Israel has been a member of the United Nations
13:24since May 1949.
13:26It bears a set of obligations
13:27under the UN Charter
13:29as well as under the 1946 Convention
13:32on UN Privileges and Immunities.
13:35A number of these obligations
13:36relate to the present activities of UN,
13:39including UNRWA
13:40as a subsidiary organ of the General Assembly
13:43in and in relations to the OPT.
13:46With your permission,
13:48we will provide an overview
13:50of the content of this obligation,
13:52which as with this obligation of Israel
13:54as an occupying power,
13:56have been set out in some detail
13:58with Malaysia's written statement.
14:01As a member of UN,
14:02Israel is under an obligation
14:03to accord the organisation
14:05with self-evidently
14:07can only operate through its organs,
14:10the necessary legal capacity
14:11in its territory.
14:12So, as to enable the exercise of UN functions
14:16and the achievement of UN purpose,
14:19it is also under an obligation
14:21to respect the organisation
14:22and its officials' privileges and immunities.
14:25And these are set out in the 1946 Convention.
14:28In particular, the obligation
14:30covers the premises, property, assets
14:32and archives of UN
14:33and the protection granted is absolute.
14:36Further, any alleged violation
14:40on the part of UN
14:41of its own obligations
14:43cannot lead to a loss
14:45or withdrawal of such protection,
14:47but only to the invocation
14:49of the responsibility of the UN
14:51in accordance with international law.
14:54UN officials,
14:54including all UNRWA staff,
14:56except locally recruited staff
14:58that is assigned to hourly rates,
15:00also enjoy the protection
15:01of Article 105 of the Charter
15:03and of the relevant provisions
15:05of the 1946 Convention.
15:07Finally, the combination
15:09of the provisions
15:10of Article 1, Paragraph 3,
15:12Article 2, Paragraph 2,
15:14Article 2, Paragraph 5,
15:1555 and 56 of the Charter
15:17clearly establishes
15:18an obligation for Israel
15:20to cooperate with the organisation
15:21in good faith
15:22in striving for economic,
15:24social, health, cultural,
15:26education and humanitarian development.
15:29Israel must cooperate
15:30with the UN
15:31to ultimately achieve
15:33respect for human rights
15:34as well as equal rights
15:37and self-determination of people.
15:40It is clear to Malaysia,
15:41Mr. President,
15:43that Israel's adoption
15:44and implementation
15:45of the law
15:46to cease UNRWA operations
15:47and of the law
15:49to cease UNRWA operations
15:50in the territory
15:51of the state of Israel
15:52put it in direct breach
15:54of this obligation.
15:56These pieces of legislature
15:58essentially aim
15:59to deprive UNRWA
15:59and through it
16:00the United Nations
16:01of its legal capacity
16:03in territory
16:04that Israel controls.
16:06They prohibit
16:07the operations
16:07of UN officers
16:08in breach of privileges
16:11and immunities
16:12of the United Nations.
16:13They have led
16:14to the non-renewal
16:15of work visa
16:16for UNRWA
16:17international staff
16:18that were forced
16:19to leave the OPT
16:20in January 2025
16:21and to threat
16:22of criminal proceedings
16:24against UN officials
16:25in breach
16:25of their privileges
16:26and immunities.
16:27And ultimately,
16:29they egregiously
16:30violate Israel's obligation
16:32to cooperate
16:32with the organisation
16:33in good faith.
16:35This is on top
16:36of all various
16:37other policies,
16:38practices,
16:39and conduct
16:40of Israel
16:40in breach
16:41of this obligation,
16:43ranging from
16:43the destruction
16:44of UN property
16:45and premises,
16:46including UNRWA schools,
16:48health clinics,
16:48and vehicles
16:49to measure taken
16:50against the UN Secretary-General
16:52to the willful
16:53and persistent disregard
16:55of the decision
16:56of this court.
16:57In concluding
16:58to this section
16:59of Malaysia's presentation,
17:00Mr President,
17:01we would like
17:02to make one more point.
17:03It is Malaysia's submission
17:04that Israel cannot
17:06validly terminate
17:07the 1967 exchange
17:09of letters
17:09unilaterally.
17:11This is because
17:13under its own terms,
17:14the agreement
17:15between Israel
17:15and the UN
17:16remains in force
17:18until replaced
17:19or cancelled.
17:20Replacement
17:21or cancellation
17:22must take place
17:23by mutual consent.
17:26As this court
17:27has found
17:27in its advisory opinion
17:29on the agreement
17:30between WHO
17:31and Egypt,
17:32any modification
17:33to or termination
17:34of such an agreement
17:36needs to be negotiated
17:37in good faith
17:38between parties.
17:40Mr President,
17:41members of the court,
17:42the obligations
17:43we have set out
17:44are ultimately
17:45meant to support
17:46and entrench
17:47the right
17:48to self-determination.
17:50The rules
17:50of international
17:51humanitarian law
17:52do so by
17:53according protection
17:54to people
17:55under foreign
17:56occupation.
17:57The rules
17:58of UN Charter
17:59and the 1946
18:00Convention
18:01do so
18:02by according protection
18:03to the United Nations
18:05in its pursuit
18:06of its purpose
18:07of developing
18:07friendly relations
18:09among nations
18:09based on respect
18:11for the principle
18:12of self-determination.
18:14Ultimately,
18:14Mr President,
18:16Malaysia's argument
18:16boils down to this.
18:19The recent policies
18:20and practices
18:21of Israel
18:22towards the United Nations
18:23and in particular
18:24UNRWA
18:24taken together
18:25constitute violations
18:27not only
18:28of the obligation
18:28we have sketched out
18:29already
18:30but also of each
18:31of the four aspects
18:32of the right
18:33to self-determination
18:34that the court
18:35identified
18:36in its advisory opinion
18:37of 19 July 2024.
18:38First,
18:40with respect
18:41to the right
18:41of territorial integrity
18:42as a quarterly
18:44of the right
18:45to self-determination,
18:46the laws purporting
18:47to cease
18:48the operations
18:48of UNRWA
18:49along with
18:50the administrative
18:50measure pursued
18:51against UNRWA premises
18:52are a further step
18:54in the entrenchment
18:55of the ongoing
18:56annexation
18:57of the occupied
18:58Palestinian territory.
19:00The attempt
19:00by Israel Land Authority
19:01to cease UNRWA premises
19:03reportedly
19:03in order to construct
19:051,440 housing units
19:08is typical
19:09of Israel
19:10conduct found
19:11to constitute
19:12annexation
19:13by the court
19:13in its advisory opinion
19:14of 19 July 2024.
19:17Second,
19:17with respect
19:18to the right
19:18of the people
19:19to its integrity
19:20the cessation
19:21of the oppression
19:22of UNRWA
19:22which provides
19:23education
19:24through a large
19:25network of schools
19:26primary health care
19:28through a large
19:28network of health clinics
19:30and vital supplies
19:31through an extensive
19:32distribution network
19:33is calculated
19:34to force
19:35the departure
19:36of Palestinian
19:37populations
19:38from the affected areas
19:40which essentially
19:41include
19:42all the occupied
19:43Palestinian territory.
19:45This is evident
19:46now
19:46more than ever
19:47and especially
19:48in Gaza.
19:49Third,
19:50with respect
19:50to the right
19:51of permanent
19:51sovereignty
19:52over natural resources
19:53the expulsion
19:55of UNRWA
19:55is calculated
19:56to cause
19:57a humanitarian
19:58catastrophe
19:59given that Israel
20:01has been exploiting
20:02the natural resources
20:03of the OPT
20:04for its own benefit
20:05and for the benefit
20:07of illegal settlements
20:08for decades
20:09the natural resources
20:10of the West Bank
20:11have been depleted
20:12and the Gaza Strip
20:14has been reduced
20:15to rubble.
20:17Removing the lifeline
20:18of UNRWA
20:18will signal
20:19the ultimate collapse
20:21of the OPT's ability
20:22to sustain itself.
20:24The Palestinian Authority
20:25has already made it clear
20:26that it does not have
20:28the financial resources
20:29or capacity
20:30to compensate
20:31for the loss
20:32of the UNRWA services.
20:34Fourth,
20:35with respect
20:35to the right
20:36of the people freely
20:38to determine
20:38its political status
20:40and to pursue
20:40its economic,
20:41social and cultural
20:42development
20:43the expulsion
20:44of UNRWA
20:45with the concomitant
20:47cessation
20:47of operation
20:48of its schools
20:49its clinics
20:50humanitarian relief
20:51development assistance
20:53microfinance
20:54and microenterprise
20:55schemes
20:55and other programs
20:56will lead
20:57to further deterioration
20:59of the Palestinian people's
21:00ability to enjoy
21:02even basic human rights
21:04to educate themselves
21:06and to hope
21:07to build a future
21:08in their own sovereign state.
21:11States undertake obligation
21:13not as rhetorical gesture
21:15but with a view
21:16to achieving certain ends.
21:18Malaysia submits
21:19that the obligation
21:20assumed by occupying powers
21:23and by members
21:23and by members
21:23of the UN
21:24have as their ultimate end
21:27the protection
21:28of people
21:29from extinction
21:30and the safeguard
21:32of their right
21:33to self-determination.
21:35Mr. President,
21:36this concludes
21:37Malaysia's submission today.
21:39Malaysia thanks
21:40the court
21:40for its kind attention.
21:42We also thank
21:42the secretariat
21:43and the interpreters
21:44for their diligent work
21:45and I do apologize
21:46if I was running
21:47very fast.
21:49Before I end
21:50and before I sit down
21:51Mr. President
21:52let me end
21:52with a quote from Plato
21:53the worst form
21:54of injustice
21:55is pretended justice.
21:57Thank you so much.
21:58I thank the representative
22:02of Malaysia
22:02for her presentation.
22:05This concludes
22:06this afternoon's sitting.