According to the Foreign Minister, Indonesia believes that the Court has jurisdiction to provide Advisory Opinions and there is no reason to reject the exercise of such jurisdiction.
This has been clearly elaborated in Indonesia's Written Statement and Written Comments. There are three arguments put forward by Foreign Minister Retno before the ICJ session in The Hague, Netherlands, on Friday, February 23, 2024.
"Firstly, no peace process can be undermined. Israel consistently obstructs the negotiated Two-State solution in line with international law and relevant UN resolutions," emphasized Foreign Minister Retno.
"Israel even avoids negotiations with various strategic reasons," she added.
The Minister further stated that with Israel's strong refusal to halt its colonial projects and unilateral fait accompli actions, there is no peace process that can produce a fair, lasting, and comprehensive solution.
"Moreover, negotiating with someone holding a gun to your head is not negotiation at all," said the Minister.
Israel Ignores Peace
Despite this peace rhetoric, the Israeli government has openly declared its disregard for the Peace Process, including stating that the Oslo Accords are "null and void" as of law.Last November, Prime Minister Benjamin Netanyahu even boasted about it by saying: "I am proud to have prevented the establishment of a Palestinian state."
It is not surprising if Israeli officials at all levels openly ignore the UN Security Council's calls to peacefully resolve this issue and abide by their international obligations.
In line with this attitude, Israel only pursues unilateral 'solutions' without involving Palestinians, let alone considering their interests.
"Indonesia states that this confirms that Israel has never been interested in any peace process," said the Minister.
Secondly, the request for an Advisory Opinion from the ICJ is not intended to decide on the final solution to the conflict.
A comprehensive, fair, and lasting solution can only be achieved through direct negotiations between the conflicting parties, not negotiations imposed from outside or by one party.
Instead, the request is intended to seek the Court's opinion on legal questions submitted by the UN General Assembly within its mandate.
Legal Consequences
The Court may only give its opinion on the legal consequences arising from Israel's violations and how they affect the legal status of the occupation.These questions should be understood as requests for advice to facilitate the General Assembly in designing necessary actions within its functions.
Thirdly, the Court's opinion will positively contribute to the peace process by introducing additional legal elements for comprehensive dispute resolution.
"A true and lasting peace process can only be achieved in line with international law. Therefore, the Court's opinion is highly necessary," the Minister reminded.
"By clarifying the legal rules involved, the Court's Opinion will help resolve the deadlock hindering the peace process," the Minister added.
In addition to these positive impacts, the Court's opinion will be useful in guiding future steps to be taken by the UN and all countries.
Therefore, Indonesia states that there is no reason to reject this request as it would risk delegitimizing the prospects of future peace processes.
"I want to conclude by emphasizing that no country is above the law. That no country is above the law. And the sanctity of this Court must be upheld," emphasized Foreign Minister Retno.
Indonesia believes that this legal motion is also a motion of global conscience. It should not be another item on the list, another thing ignored, another call to be disregarded, openly disregarded by Israel.
"Never again means never again at all," said the Minister, echoing the Jewish idiom about the Holocaust.
"We established our current international system with the belief that every human being, I repeat, every human being, without exception, is protected by law," she clarified.
"Therefore, let us reflect on this question: should the international community continue to allow Israel to manipulate the use of international law to justify their illegal actions against the basic rights of the Palestinian people?" the Minister stated.
"For Indonesia, we will not. And once again, our hope lies with this Court, because this Court is the Guardian of Justice," concluded Foreign Minister Retno.
Read also: Wearing a Keffiyeh, Foreign Minister Retno: No Country Is Above the Law!
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