🇮🇩 Indonesia to Challenge Israel’s Occupation of Palestine at the International Court of Justice

Last Updated on January 20, 2024

In a significant move, Indonesia is poised to challenge Israel’s longstanding and deemed illegal occupation of Palestine at the International Court of Justice (ICJ), marking a separate case from the one initiated by South Africa.

Emphasizing the paramount importance of upholding international law, Foreign Minister Retno Marsudi asserted that Israel’s occupation, persisting for over 70 years, cannot negate the Palestinian people’s right to independence.

Speaking ahead of discussions with international law experts in Jakarta, Marsudi stated, “Our deliberations today will not only support Indonesia’s diplomacy but also support the enforcement of world order according to international law and our Palestinian brothers and sisters to achieve their independence.”

She continued, “International law must be upheld. The right of the Palestinian people to self-determination must be respected. Israel’s occupation of Palestine, which has lasted for more than 70 years, will not erase the right of the Palestinian people to independence.”

The ICJ, often referred to as the World Court, is scheduled to conduct public hearings on February 19 in The Hague, during which the involved parties will present their perspectives on the legal consequences of Israel’s occupation of Palestinian territories.

The UN General Assembly adopted a resolution in December 2022, requesting the ICJ to provide a non-binding advisory opinion on the matter.

Indonesian law expert Hikmahanto Juwana clarified that the ICJ decision in this case is advisory, differing from South Africa’s legal case heard the previous week. Juwana explained, “The advisory opinion is not the same as an ICJ court decision. An advisory opinion only has a quote unquote moral binding.”

Indonesia, a staunch supporter of Palestine, is diligently preparing legal arguments to showcase Israel’s violation of international law.

Marsudi emphasized the necessity for a comprehensive legal opinion that exposes Israel’s illegal actions, including the annexation of Palestinian territories, settlements in the West Bank, and the alteration of Jerusalem’s status.

It is important to note that the ICJ hearing in February is distinct from the case initiated by South Africa, which accused Israel of “genocidal acts” in Gaza. Indonesia has not joined the latter case, as it is not a party to the Genocide Convention. However, Marsudi affirmed Indonesia’s support for South Africa’s efforts to report Israel’s violations of the Genocide Convention to the ICJ.

To strengthen its case, Indonesia’s Foreign Ministry has assembled a team of experts, aligning with the country’s commitment to exploring all possible avenues to support the Palestinian struggle. The ICJ advisory case seeks to hold Israel accountable for its “policies and practices” in the occupied Palestinian territories.