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STATEMENT

BY H.E. SYED MOHAMAD HASRIN AIDID

PERMANENT REPRESENTATIVE OF MALAYSIA TO THE UNITED NATIONS

AT THE PLENARY MEETING

 

ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE [ITEM 70]

 

NEW YORK, 27 OCTOBER 2022

 

 

Mr. President,

 

At the outset, Malaysia would like to thank the President of the ICJ, Judge Joan E. Donoghue, for her report on the work of the Court. Malaysia would also like to convey our deepest condolences on the passing of Judge Antônio Augusto Cançado Trindade on 29 May 2022. Malaysia aligns itself with the statement delivered by Azerbaijan on behalf of the Non- Aligned Movement (NAM).

 

2.         We note that during the reporting period, the Court continued to experience a high level of activities. It had delivered judgments in four contentious cases, handed down fifteen orders, held public hearings in six cases, and was seized of four new contentious cases. This is a clear expression of continued confidence of States in the Court.  As a strong believer in the rule of law and international legal order, Malaysia continues to be an avid supporter of the ICJ. Malaysia had demonstrated this in relation to two cases of sovereignty that were submitted to the Court. 

 

3.         Malaysia also believes that the ICJ’s Advisory Opinions contribute to the clarification and development of international law as well as in maintaining and strengthening peaceful co-existence between Member States. Advisory Opinions of the Court, despite having no binding power, carry strong legal weight and moral authority. A case in point is with regard to the Court advisory opinion of 8 July 1996 on the question: "Is the threat or use of nuclear weapons in any circumstance permitted under international law?”.

 

4.         For the first time in history, 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”.

 

5.         With this opinion, the Court has set legal parameters whereby the use of nuclear weapons indeed ignores 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.

 

6.         Malaysia also echoes the call by NAM to honour the advisory opinion on legal consequences of the construction of a wall in the occupied Palestinian territory. The Court rendered its conclusion that the construction of the wall is contrary to international law. The international community must uphold this advisory opinion, as it serves as a crucial link in halting the belligerent illegal settlement by the occupying power since 1967.

 

7.         Malaysia reiterates our call for the organs of the United Nations especially the Security Council to take advantage of the Court’s issuance of Advisory Opinions, as stipulated in Article 96 paragraph 1 of the UN Charter. We support the recommendation by the Commission of Inquiry in the Occupied Palestinian Territory, including East Jerusalem and Israel, for the General Assembly to request an Advisory Opinion on the legal consequences of Israel’s continued refusal to end its occupation of the Occupied Palestinian Territory. The international community must also hold the perpetrators accountable for the inhumane atrocities committed by the occupying power and illegal settlers in the Occupied Palestinian Territory.

 

Mr. President,

 

8.         As the principal legal organ of the United Nations, the ICJ is well equipped to play an important role in the collective efforts of maintaining international peace and security. The utilisation of the Court in the peaceful settlement of disputes ought to be given greater recognition and be taken advantage of. Malaysia believes that the Court should be provided a fresh purpose in the new Agenda for Peace by the Summit of the Future in 2024.

 

I thank you.