Minister Sugiono Defends Palestinian Self-Determination at the ICJ

The Hague: Speaking at the public hearing of the International Court of Justice on the Obligation of Israel in Relation to the Presence and Activities of United Nations in The Hague, Indonesia Minister of Foreign Affairs Sugiono underscore the Palestinian rights to self-determination.

First, Sugiono said that Israel’s obligations as an Occupying Power are also grounded in international human rights law, particularly the International Covenant on Civil and Political Rights and International Covenant on Economic, Social, and Cultural Rights, of which Israel is a state party.

According to these international covenants, Israel is obliged, among other to allow and facilitate relief schemes of the UN.

There are specific obligations to implement this relief scheme, such as the obligation to recognize the right of everyone to an adequate standard of living which is stipulated under Article 11 paragraph 1 of the ICESCR; the obligation to recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health which is under Article 12 paragraph 1 of the ICESCR.

Furthermore, there are also obligation to respect and ensure the right to liberty and security of person under Article 9 paragraph 1 of the ICCPR; and the obligation to respect and ensure that persons deprived of their liberty shall be treated with humanity under Article 10 paragraph 1 of the ICCPR.

“Finally, I shall also furnish information on the crux of the Palestinian issue: the right to self-determination. The Palestinian right to self-determination is the raison d’etre on why the court should grant the request of the UN General Assembly,” stated Minister Sugiono.

“The questions posed are central to the fulfillment of the Palestinian right to self-determination, a fundamental principle of modern international law as provided in the UN Charter, as well as the Bandung Conference of 1955,” he added.

“This honorable Court has repeatedly and equivocally stated in the 2004 Wall Opinion as well as the 2024 Legal Consequences Opinion, that Palestinians have the right to self-determination,” Sugiono added.

This opinion has also been exemplified by a multitude of resolutions of the United Nations. The current reality contradicts all that was envisioned by such right. On the ground, the world has vividly witnessed the systematic destruction of civilian infrastructures and hospitals in Gaza, making the life un-attainable.

This action actively impedes the dispersal of Palestinian people and hinder their rights to determine their very own political, social-economic, and cultural status. In light of these facts, time and again Indonesia un-waveringly submits to the court, that Israel shall be under the obligation to fulfill the Palestinian people the right to self-determination.

Indonesia respectfully appeals to the honorable Judges that international law must prevail and justice is rightfully delivered. This Court opinion will provide much-needed guidance to the international community on how to reinforce the primacy of international law to solve the worst man-made humanitarian catastrophe of this century the Palestinian people continue to endure.