In her statement, the foreign minister assessed the importance of reminding ourselves that occupation has become an instrument to suppress this fundamental right.
"This court, in its opinion on The Wall (the barrier built by Israel in Gaza), as well as the United Nations Security Council and General Assembly in their resolutions, have repeatedly reaffirmed Israel's status as an occupying power," said Foreign Minister Retno Marsudi in The Hague on Friday, February 23, 2024.
This occupation has been prolonged and made possible by a series of violations committed by Israel against its obligations under international law, including International Humanitarian Law and International Human Rights Law. Foreign Minister Retno elaborated on the following:
First, Israel's occupation is a consequence of unjustifiable use of force
The occupation should have been illegal from the outset and remains so. The first female Indonesian foreign minister emphasized that Israel's use of force cannot be justified on the grounds of self-defense. This also violates the principles of necessity and proportionality.This is indeed contrary to the prohibition of aggression, which is an international legal norm that must not be violated.
Second, illegal annexation of OPT (Occupied Palestinian Territory)
"As an occupying power, Israel is legally obligated to maintain its occupation temporarily," said Foreign Minister Retno."This has been violated by Israel as they seek to make their occupation permanent and also annex parts of the occupied territories," added the minister.
"Under the law, Israel is not allowed to annex any part of the Occupied Territory under any circumstances," Foreign Minister Retno stressed.
The minister added that the UN Security Council in various resolutions has reiterated the existing principle that the acquisition of territory by war is unacceptable.
This is an absolute principle that applies even in circumstances where war is conducted lawfully, such as in self-defense, which certainly does not apply to Israel.
Israel's violations of international law do not stop there as Israel has declared Jerusalem as the 'undivided eternal capital of Israel'.
These actions not only violate the law but also greatly undermine the prospects of a two-state solution.
Third, the continued expansion of illegal settlements
One thing that concerns Foreign Minister Retno is Israel's policy of transferring its own population and forcibly displacing Palestinian residents from its occupied territories, contrary to the basic principles of International Humanitarian Law.This policy clearly violates Article 49 of the Fourth Geneva Convention to which Israel is a Party. This is exacerbated by Israel's efforts to change the demographic composition of the West Bank.
This policy shows Israel's disregard for international law and also shows its intention to make this situation irreversible.
Fourth, apartheid policies towards Palestine
As an occupying power, Israel is legally obligated to act in the best interests of the Palestinian people.Instead, Israel has strengthened its prolonged occupation by imposing military orders on Palestinian residents that are not applied to Israeli Jewish settlers.
"The existence of a separate legal regime applied exclusively to different groups of people constitutes an apartheid policy that constitutes a serious violation of human rights, particularly crimes against humanity," said Foreign Minister Retno.
"Therefore, it is clear that the continuation of the apartheid regime is another violation of international legal norms that must be adhered to," concluded the Foreign Minister.
Read also: Foreign Minister Reminds International Court's Role in Halting Genocide in Gaza
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