Indonesia Delivers Oral Statement Supporting Palestine at International Court of Justice

TEMPO.CO, Jakarta - Indonesian Foreign Minister Retno Marsudi delivered Indonesia's oral statement in support of the International Court's legal fatwa (advisory opinion) regarding the legal consequences of Israel's illegal occupation of Palestine.

According to the Indonesian Foreign Affairs Ministry, in an oral statement delivered in The Hague, Friday (23/2), Foreign Minister Retno outlined various arguments as input and to strengthen the granting of a legal fatwa by the International Court.

As reported from kemlu.go.id, there are two main aspects to Indonesia's oral statement. First, from a jurisdictional perspective, the Minister of Foreign Affairs emphasized that the International Court of Justice has the authority to issue legal fatwas. Second, in terms of substance, the Minister of Foreign Affairs emphasized that various Israeli policies are contrary to international law and outlined the legal consequences.

“I started with the first argument, namely regarding jurisdiction. I confirm that the International Court of Justice has jurisdiction to provide an advisory opinion. I also emphasize that there is no reason whatsoever for the International Court not to provide its opinion because this is in accordance with the legal jurisdiction of the International Court," said Foreign Minister Retno in a statement to the media (23/2).

The Minister of Foreign Affairs outlined three reasons behind this argument. First, giving a legal fatwa does not interfere with the peace negotiation process because currently there is no ongoing negotiation process. Instead, what happens is that Israel continues to violate all the provisions of international law and ignores the decisions of the UN Security Council.

Second, the Minister of Foreign Affairs said that the legal fatwa of the International Court was not intended to draw final conclusions from the current conflict, because the solution to the conflict could only be carried out through negotiations. However, this legal fatwa will make it easier for the UN General Assembly to take a position according to its function regarding the Israeli-Palestinian conflict.

"Third, the legal fatwa of the International Court will positively assist the peace process by presenting additional legal elements for overall conflict resolution," said the Minister of Foreign Affairs.

The second argument is related to the substance of the legal fatwa itself. The Minister of Foreign Affairs said that the International Court of Justice had clearly stated that Palestine had the right to self-determination, so that this was no longer an issue. Various UNSC and UN SMU decisions also strengthen this. Fulfillment of these rights is an obligation for all (erga omnes).

The Minister of Foreign Affairs presented four reasons for this argument. First, the Israeli occupation was carried out as a result of the use of unjustified violence. Second, Israel has carried out illegal annexation of the Occupied Palestinian Territory (OPT).

“Here I add the argument that the occupying government has a legal obligation to make its occupation temporary. However, Israel has made it permanent and even annexed part of the occupied territory itself," explained the Minister of Foreign Affairs.

Third, Israel continues to expand illegal settlements. Israel's policy of moving its population into the occupied territories and forcibly removing the Palestinian people from the occupied territories is in direct contradiction to the basic rules of International Humanitarian Law. Israel violates article 49 of the Fourth Geneva Convention where Israel is a state party to the convention.

Fourth, Israel has implemented an apartheid policy towards the Palestinian people, as can be seen from the implementation of two different policy regimes for Jews and Palestinians. This is a clear violation of international law

“At the end of my oral statement, I emphasize that no country is above the law. Every human being, without exception, is protected by law. I also emphasize that the international community should not continue to allow Israel to continue its illegal actions. I closed my oral statement by saying that the world and the international community have high hopes for the International Court of Justice," said the Minister of Foreign Affairs.

As is known, the UN General Assembly through Resolution 77/247 of 2022 has urged the International Court to issue a legal fatwa regarding the legal consequences of Israel's illegal occupation of Palestine. Furthermore, the Court asked countries to provide input to assist in the preparation of the legal fatwa in question. Previously, Indonesia's written views were conveyed in July 2023. Apart from Indonesia, oral statements were also submitted by 51 countries and 3 international organizations.

TEMPO.CO | Indonesian Foreign Affairs Ministry

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