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STATEMENT BY

MR. MOHD HAFIZ OTHMAN

MINISTER COUNSELLOR

PERMANENT MISSION OF MALAYSIA TO THE UNITED NATIONS, NEW YORK

AT THE PLENARY MEETING

ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE [ITEM 76]

NEW YORK, 28 OCTOBER 2021

 

 

 

Mr. President,

Malaysia aligns itself with the statement delivered by Azerbaijan on behalf of the Non-Aligned Movement (NAM).

2.     Let me thank the President of the International Court of Justice, Judge Joan E. Donoghue, for her presentation of the Court’s report today. My delegation also wishes to congratulate her for being the second woman to hold this important post. Malaysia shares this historic milestone, and we are proud of our current composition of women judges at senior judicial leadership positions, including the first woman Chief Justice and President of the Court of Appeal since 2019.

Mr. President,

3.     76-years since its founding, the Court, an integral component of the UN Charter, remains as relevant as ever. We commend the way in which the Court continues to operate despite the challenges posed by the pandemic.

4.     We note that during the reporting period, the Court continued to experience a particularly high level of activity. It had delivered judgments in four contentious cases, handed down nine orders, held public hearings in four cases, and was seized in one new contentious case. The increasing number of cases brought before the Court is a clear expression of continued confidence of States in the Court.

5.     My delegation also wishes to commend the Court for its continued efforts in exploring ways to improve its procedures and working methods. Among others, we note that the Court amended one provision of its Practice Directions with a view to addressing the proliferation and protraction of annexes to written pleadings.

Mr. President,

6.     The diversity of subjects submitted to the Court illustrates the universal character of the Court's jurisdiction. In this connection, we commend the Court for its readiness and competence in tackling cases relating to new areas of international law that have emerged and developed since its first sitting in 1946.

7.     My delegation continues to advocate for the Court’s pivotal and unique role in advancing multilateralism, particularly through its judgments and Advisory Opinions that directly influence the development and strengthening of the rule of law, and contribute to the building and sustaining peaceful relations between States.

8.     We also remain convinced that peace through law is possible. When other diplomatic or political means have proven unsuccessful, it is our conviction that States should continue to seek judicial resolutions to conflicts and disputes between them through the Court.

9.     Malaysia had demonstrated its commitment to this process in the cases of sovereignty over Pulau Ligitan and Pulau Sipadan, and sovereignty over Pulau Batu Puteh, Middle Rocks, and South Ledge.

10.     My delegation also strongly believes that the Court's Advisory Opinions, despite having no binding force, carry great legal weight and moral authority. Among the notable Advisory Opinion was on the Legality of the Threat or Use of Nuclear Weapons in 1996. Malaysia, on its part, has annually tabled 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" to the First Committee of the General Assembly. We call on all Member States to co-sponsor and support this draft resolution which is scheduled for action in the First Committee next week.

11.     We also reiterate our call for the Security Council to seriously consider Article 96 of the UN Charter and make greater use of the Court as a source of Advisory Opinion and interpretation of relevant norms of international law, particularly on long-pending issues affecting international peace and security. We remain convinced that deliberations on contentious political and security issues would be better served if supplemented by an authoritative legal opinion.

Mr. President,

12.     The Court remains an institutional pillar for peace, justice, and international legal order. Let me conclude by reaffirming Malaysia's steadfast support in the Court’s guiding role in this endeavour.

I thank you.