STATEMENT : 31ST PLENARY MEETING OF THE GENERAL ASSEMBLY ON AGENDA ITEM 73: REPORT OF THE INTERNATIONAL COURT OF JUSTICE

STATEMENT BY

MR SOFIAN AKMAL ABD KARIM

DEPUTY PERMANENT REPRESENTATIVE OF MALAYSIA

TO THE UNITED NATIONS

AT THE 31ST PLENARY MEETING OF THE GENERAL ASSEMBLY ON

AGENDA ITEM 73: REPORT OF THE INTERNATIONAL COURT OF JUSTICE

30 OCTOBER 2024

Mr. President,

At the outset, Malaysia wishes to thank the President of the International Court of Justice, Judge Nawaf Salam, for his report on the work of the Court. We align ourselves with the statement by Uganda on behalf of the Non-Aligned Movement and add the following remarks in our national capacity.

2. We welcome the Court’s continued dedication to the cause of justice, as reflected in the report.  Malaysia notes that the Court delivered two (2) judgements, one (1) advisory opinion, rendered 27 orders, held public hearings in 11 cases, and was seized of four (4) new contentious cases and one (1) request for an advisory opinion. This is a clear demonstration of Member States’ continued confidence in the Court.

Mr. President,

3. Malaysia remains committed to the purpose and principles of the United Nations in promoting and upholding the rule of law. We fully recognise the indispensable role of the International Court of Justice as the principal judicial organ of the United Nations, and the importance of upholding its independence and integrity. We reaffirm our recognition of the Court's important role in the development of international law, as well as its contribution to the peaceful settlement of international disputes, and to the maintenance of international peace and security.

4. We value the Court’s Advisory Opinions issued under Article 96 of the United Nations Charter. These opinions carry significant legal weight and moral authority. A notable example is the Advisory Opinion delivered by the Court in July 1996, addressing the question: "Is the threat or use of nuclear weapons in any circumstance permitted under international law?" 

Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons

5. In its seminal Advisory Opinion, the Court recognised that the threat or use of nuclear weapons is generally contrary to the rules of international law applicable in armed conflict, particularly the rules and principles of humanitarian law. The Court further declared, unanimously, that "there exists a legal obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control”.

6. Through this Advisory Opinion, the Court has established legal parameters indicating that the use of nuclear weapons clearly violates customary international law and international treaties.  In this regard, Malaysia, since 1996, has annually tabled to the First Committee, and the General Assembly, a resolution entitled "Follow-up to the Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons."  We invite Member States that have not done so to support and co-sponsor the draft resolution at this session of the First Committee.

Mr. President,

Advisory Opinion on the Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem

7. In July this year, the Court rendered another landmark Advisory Opinion on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory (OPT), including East Jerusalem. We unequivocally support the
   Court’s Opinion that Israel’s continued occupation of the OPT is unlawful and should be brought to an immediate end.  We commend the Court for affirming the legitimate right of the Palestinian people to self-determination in its Opinion. It is imperative that the international community compels Israel to abide by the conclusions of the Court, and immediately end their support to Israel in continuing its illegal occupation of Palestine.

8. Malaysia is proud to join 143 other Member States in voting in favour of General Assembly Resolution ES-10/24 on 17 September 2024, which, among others, seeks to operationalise the Advisory Opinion rendered by the International Court of Justice on 19 July 2024. The resolution outlines the collective and legal obligations of all States and international organisations to end Israel’s illegal occupation of Palestine, and calls for justice for the Palestinian people. We urge the international community to implement the resolution in its entirety and without delay to give effect to the Advisory Opinion. This will allow the Palestinian people to exercise their inalienable right to self-determination, uphold their sovereignty and territorial integrity, and pursue socio-economic development.  We also underscore the need for the Security Council to support the operationalisation of this crucial Advisory Opinion.

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

9. In addition, we commend South Africa for filing a case against Israel on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel). In this connection, we strongly support the order of provisional measures issued by the Court for Israel to:

1. Stop its military operation in Gaza;
2. Protect against further violations of the rights of the Palestinian people under the Genocide Convention; and
3. Ensure compliance with its obligations under the Convention.

10. It is most regrettable that more than a year into the war, Israel refuses to comply with the order of provisional measures issued by the Court.  Israel is, in fact, undermining the rule of law that we have built and upheld for decades. Additionally, it has escalated tensions in the region and expanded its military operations in neighboring Lebanon and Syria.  Israel’s atrocities have led to the death of more than 44,000 Palestinians, mostly women and children. Civilian infrastructure has also been wantonly destroyed.  224 humanitarian workers and 139 media workers have lost their lives as a result of the carnage wreaked by Israel.  The impunity that it has enjoyed has emboldened Israel to  replicate similar aggression, violations and destruction onto its other neighbours, as it is committing in Gaza.

11. The legal action being pursued against Israel before the Court is an extremely important, timely and tangible step towards legal accountability for Israel's atrocities in Gaza and the OPT at large.

Mr. President,

12. As the principal legal organ of the United Nations, Malaysia believes that the authority of the International Court of Justice should be strengthened. We continue to recognise the contribution of the Court in upholding the primacy of the rule of law in the maintenance of international peace and security.  It is imperative that we, Member States, uphold the rulings of the Court, and hold to account those who undermine the sanctity of international law. 

I thank you.