The call was made during public hearings of the International Court of Justice (ICJ) on Israel’s obligations in connection with its activities in the occupied Palestinian territory, at the Hague, on Wednesday (April 30).
According to Sugiono, Israel must “immediately halt military offensive and any other action which may inflict on the Palestinian people and to maintain the opening of the Rafah crossing for unhindered provision of the urgently needed basic services and humanitarian assistance.”
Sugiono stated that those obligations, as imposed by the Court, are binding on Israel under Article 94, paragraph 1 of the UN Charter and the Court’s judgment in the LaGrand’s case of 2001.
“I wish to stress that failure to fulfill the above-mentioned obligations would cause suffering among innocent civilians, particularly vulnerable groups such as the elderly, women, and children. Israel’s non-fulfillment of those obligations constitutes a violation of human rights obligations,” he noted.
He further highlighted that Article 4 of the International Covenant on Civil and Political Rights (ICCPR) establishes that human rights protection remains in effect during armed conflict.
In its Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory in 2004, the ICJ determined that both international humanitarian law and international human rights law are applicable in times of armed conflict.
The ICJ concluded that the wall, which was built to separate the Palestinian territory from Israel, violates international law and has significant consequences for the Palestinian people's right to self-determination.
“Having pointed out all the above, Indonesia emphasizes that the issue we deliberated is not a matter of political exigency nor merely a moral inquiry, but one grounded in international law, upon which Israel is legally bound to discharge its obligations in good faith and without reservation,” Sugiono stated.
ICJ began public hearings on Monday (April 28) on the request for an advisory opinion on Israel’s obligations concerning its presence and activities in the occupied Palestinian territory.
Representatives from about 40 countries, including Indonesia, and four international organizations are expected to present oral submissions during the proceedings.
Israel also faces a genocide case at the ICJ for its actions on the Gaza Strip, where more than 52 thousand Palestinians have been killed since October 2023.
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Translator: Cindy Frishanti Octavia, Yashinta Difa
Editor: Arie Novarina
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