STATEMENT BY
HIS EXCELLENCY AMBASSADOR KHAIRI OMAR
REPRESENTATIVE OF THE PERMANENT MISSION OF MALAYSIA TO THE UNITED NATIONS
AT THE PLENARY MEETING
ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE
NEW YORK, 3 NOVEMBER 2023
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 aligns itself with the statement delivered by Azerbaijan on behalf of the Non- Aligned Movement (NAM) and Mauritania on behalf of the Organisation of Islamic Cooperation (OIC).
2. We appreciate the continued dedication of the Court, as reflected in the report. For the period of reporting, Malaysia notes that the Court delivered judgments in four cases, handed down 20 orders, held public hearings in six cases, and was seized of five new contentious cases and two requests for advisory opinions. This is a clear expression of the continued confidence of Member States in the Court.
Mr. President,
3. Malaysia is committed to the purpose and principles of the United Nations (UN) in promoting and upholding the rule of law. We honour the indispensable role of the International Court of Justice as the principal judicial organ of the UN, and its independence and integrity. We reaffirm our recognition of the Court's important role in 2 the development of international law, contribution to the peaceful settlement of international disputes, and the maintenance of international peace and security.
4. To this end, Malaysia values the Court’s legal Advisory Opinions in accordance with Article 96 of the UN Charter. The Advisory Opinions, albeit non-binding, carry strong legal weight and moral authority. To take but one example, an ICJ Advisory Opinion of enduring salience is that rendered in July 1996 on the question: "Is the threat or use of nuclear weapons in any circumstance permitted under international law?”.
5. In its seminal 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. With this Advisory 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.
Mr. President,
7. Malaysia reiterates our call for the organs of the United Nations especially the Security Council to utilize the Court’s issuance of Advisory Opinions. We support the current advisory proceedings on the Question of Palestine at the ICJ, as requested by the General Assembly through its resolution 77/242 adopted on 30 December 2022. Against the backdrop of Israel’s belligerent military aggression on the occupied Palestinian 3 territory, it is now more important than ever to put an end to Israel’s illegal settlement and despicable apartheid practices. The ICJ advisory opinion will lend credibility to the Palestinian’s push for its inalienable rights to self-determination in an independent and sovereign state of Palestine. Malaysia equally calls upon the international community to hold Israel accountable for its continued illegal settlement which constitutes a flagrant violation under international law.
Mr. President,
8. As the principal legal organ of the United Nations, Malaysia believes that the authority of the Court should be strengthened, and further provided with a fresh purpose in the new Agenda for Peace. To this end, Malaysia continues to recognize the contribution of ICJ in upholding the primacy of the rule of law in the maintenance of international peace and security.
I thank you.
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