Bangladesh Statement in ICJ hearing on Palestine 20 Feb 2024

Summary

His Excellency Mr. Ry hamidullah, representing Bangladesh, addressed the UN court on the legal consequences of Israel's occupation of Palestine. He emphasized the illegality of the occupation and its impact on Palestinian self-determination, urging the court to consider the human rights violations and call for an immediate end to the occupation. Highlighting the urgency and moral implications, he called for international law to be upheld for the Palestinian people's right to statehood and peace.

Takeaways

• 🇧🇩 Bangladesh's Delegation: The speaker, Mr. Ry hamidullah, represents Bangladesh in addressing the International Court of Justice (ICJ) on the legal consequences of Israel's policies in the occupied Palestinian territory.
• 🏳️‍🌈 Self-Determination Support: Bangladesh's constitution mandates support for oppressed peoples worldwide, including the right to self-determination, which is why they are participating in these proceedings.
• 🕋 Occupation Condemnation: Bangladesh calls for an end to Israel's occupation of Palestine and the establishment of a sovereign and independent Palestine State with East Jerusalem as its capital.
• 🔍 Holistic Examination: The speaker urges the ICJ to examine the entirety of Israel's occupation and provide an opinion on its legal status, emphasizing the ongoing humanitarian crisis in Gaza.
• 🚨 Humanitarian Crisis: The situation in Gaza and Rafah is described as dire, with shortages of essential supplies and a significant impact on the civilian population, particularly children.
• 🏠 Destruction and Displacement: The occupation has led to the destruction of homes, displacement of civilians, and obstruction of access to food and water, which are violations of international law.
• 📜 Legal Framework: The script discusses the illegality of the occupation under international law, referencing the right to self-determination, prohibition of territory acquisition by force, and prohibition of racial discrimination.
• 🏛️ Court's Role: Bangladesh believes the ICJ's advisory opinion is critical in ending the illegal occupation and addressing the root cause of violence against Palestinians.
• 📊 UN Resolutions: The speaker references numerous UN resolutions that support the Palestinian people's rights, including the right to self-determination and the establishment of an independent state.
• 🛑 Immediate Action: Bangladesh calls for immediate and unconditional cessation of Israel's wrongful acts, including withdrawal of forces, dismantling of settlements, and repealing of annexation-related legislation.
• 🤝 Peaceful Coexistence: The ultimate goal is to secure a peaceful coexistence between Palestine and Israel, with the Palestinian people realizing their rights under international law.

Q & A

What is the main purpose of Bangladesh's participation in the advisory proceedings at the United Nations?

Bangladesh is participating in the advisory proceedings to contribute to the realization of the right of the Palestine people to self-determination and to support the end of Israel's occupation of Palestine.

What historical context does Bangladesh provide to explain its stance on the issue of Palestine?

Bangladesh fought for 23 years to gain independence through a bloody war in 1971, where 3 million people sacrificed their lives. Its constitution mandates support for oppressed peoples worldwide, which is why it stands with Palestine.

What is the legal basis for Bangladesh's position on Israel's occupation of Palestine?

Bangladesh's position is grounded in international law, including the right to self-determination, the prohibition of acquiring territory by force, and the prohibition of racial discrimination and apartheid.

What does Bangladesh believe should be the immediate actions taken by Israel according to international law?

Bangladesh believes that Israel must cease all acts preventing the exercise of the right to self-determination by the Palestine people, including withdrawing occupation forces, dismantling illegal settlements and the wall, and repealing annexation-related legislation.

What are the legal consequences for all states regarding the Israeli occupation, as per Bangladesh's perspective?

All states must ensure the cessation of any impediment to the exercise of the Palestinian people's right to self-determination, uphold the prohibition of acquiring territory by force and racial discrimination, and not recognize the illegal situation resulting from Israel's wrongful acts.

What role does Bangladesh suggest for the United Nations in addressing the Israeli occupation of Palestine?

Bangladesh suggests that the UN General Assembly and Security Council should consider further action to immediately end the Israeli occupation and remove obstacles to Palestinians' rights, including self-determination.

What does Bangladesh emphasize about the situation in Gaza as described in the script?

Bangladesh emphasizes the dire humanitarian situation in Gaza, describing it as 'hell on Earth,' with shortages of food, fuel, drinking water, and medicines, and the killing of thousands of innocent civilians, particularly children.

How does Bangladesh characterize the Israeli occupation in terms of international law?

Bangladesh characterizes the Israeli occupation as illegal under international law, citing its colonial, acquisitive, and annexationist nature, which violates the right to self-determination and the prohibition of acquiring territory by force.

What specific UN resolutions does Bangladesh reference in its argument against Israel's actions in Palestine?

Bangladesh references UN Security Council resolution 2334 of December 23, 2016, which reaffirmed Israel's obligations under the Geneva Convention and condemned measures aimed at altering the demographic composition of the Palestinian territory occupied since 1967.

What does Bangladesh propose as the long-term solution for the conflict between Israel and Palestine?

Bangladesh proposes the establishment of a sovereign and independent Palestine State along the pre-1967 borders with East Jerusalem as its capital, ensuring the fulfillment of the Palestinian people's unalienable rights under international law.

What moral stance does Bangladesh take in its address to the court regarding the Palestinian issue?

Bangladesh takes a moral stance that emphasizes the exceptional moral issues at play for humanity, viewing the Palestinian issue not only as a legal matter but also as one of profound moral importance.

Outlines

00:00

🏛️ Addressing the Court on Palestine's Struggle for Self-Determination

The Bangladeshi delegation expresses honor in addressing the UN's principal judicial organ, highlighting their constitutional duty to support oppressed peoples. They underscore the illegality of Israel's occupation of Palestine, advocating for a sovereign and independent Palestine along pre-1967 borders. The ongoing conflict in Gaza and its humanitarian crisis are emphasized, with calls for the court to examine Israel's occupation and provide an advisory opinion on its legal status, as per the UN assembly's request.

05:01

📜 Legal Analysis of Israel's Occupation of Palestine

Bangladesh presents a legal argument against Israel's occupation, citing the violation of international law norms, including self-determination and prohibition of territory acquisition by force. They refute arguments justifying the occupation and emphasize the temporary nature of occupation as per international law. The speech mentions the advisory opinion on the wall, which rejected Israel's reliance on self-defense, and calls for an end to Israel's policies of colonization and annexation, which are deemed illegal.

10:03

🛡️ The Legal and Moral Implications of Israel's Actions

The Bangladeshi delegation discusses the legal consequences of Israel's occupation, emphasizing the need for an immediate and unconditional end to the occupation. They call for reparations and non-repetition, urging all states to uphold international law and not support Israel's illegal actions. The UN's role in taking further action to end the occupation and implement relevant resolutions is highlighted, with a plea for the court to consider the gravity of the situation.

15:04

🕊️ The Quest for a Just and Lasting Peace for Palestine

Bangladesh emphasizes the international community's support for an independent Palestinian state, citing numerous UN resolutions and the court's previous advisory opinion affirming the Palestinian people's right to self-determination. They call for an end to the occupation and the establishment of a Palestinian state with East Jerusalem as its capital, alongside a peaceful coexistence with Israel. The speech concludes with a plea for the court to provide hope to the Palestinian people through a decisive ruling on the occupation's illegality.

20:06

🌟 The Humanitarian and Moral Dimensions of the Palestinian Issue

The final paragraph underscores the moral imperative of addressing the Palestinian issue, with Bangladesh expressing its duty to uphold international law. The speech concludes by thanking the court for the opportunity to present their views, emphasizing the critical importance of the court's advisory opinion in this context of longstanding conflict and humanitarian crisis.

Keywords

💡Self-determination

Self-determination refers to the right of a people to freely determine their political status and to pursue their economic, social, and cultural development. In the context of the video, it is a central theme as Bangladesh emphasizes the Palestinian people's right to self-determination, which has been denied due to Israel's occupation. The script mentions that Bangladesh's constitution supports oppressed peoples worldwide in their quest for self-determination, highlighting the country's commitment to this principle.

💡Occupation

Occupation in international law refers to the control of a territory by a foreign military power. The script discusses Israel's occupation of Palestinian territory, including East Jerusalem, and the legal consequences of this occupation. The occupation is described as illegal and characterized by policies of colonization and annexation, which are in violation of international law.

💡Advisory Opinion

An advisory opinion is a non-binding statement of law issued by an international court or tribunal in response to a request from a UN body. The video revolves around the International Court of Justice's advisory opinion on the legal consequences of Israel's policies and practices in the occupied Palestinian territory. Bangladesh is participating in the proceedings to contribute to the realization of the right of the Palestinian people to self-determination.

💡International Law

International law comprises the rules and norms governing relations between nations. The script repeatedly references international law, emphasizing its importance in determining the legality of Israel's occupation and the rights of the Palestinian people. It underscores the violations of international law, including the prohibition of acquiring territory by force and racial discrimination.

💡Preemptory Norms

Preemptory norms, also known as jus cogens, are fundamental principles of international law that override other rules. The script mentions these norms in the context of Israel's occupation, stating that the occupation violates the right to self-determination, the prohibition of acquiring territory by force, and the prohibition of racial discrimination, all of which are considered preemptory norms.

💡Racial Discrimination

Racial discrimination refers to any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin that has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise of human rights. The script describes the Israeli policies in the occupied territories as involving racial discrimination, which is a violation of international law.

💡Humanitarian Disaster

A humanitarian disaster is a crisis causing widespread human suffering and requiring urgent assistance. The script describes the situation in Gaza as a 'humanitarian disaster' with shortages of food, fuel, drinking water, and medicines, highlighting the dire conditions faced by the Palestinian people as a result of the ongoing conflict.

💡Ethnic Cleansing

Ethnic cleansing is the systematic removal of an ethnic or religious group from a geographical area by force. The script uses the term to describe the deliberate obstruction of access to food and water and the destruction of homes, which are actions that constitute violations of international law and are indicative of attempts to remove the Palestinian population from their lands.

💡Settlements

Settlements refer to Israeli communities established in the occupied Palestinian territory. The script mentions the illegality of these settlements under international law, as they represent an attempt to change the demographic composition of the occupied territories and are a form of colonization.

💡Repatriation

Repatriation is the act of returning someone to their country of origin or citizenship. In the script, it is mentioned in the context of providing reparations for the damages caused by the occupation, suggesting that repatriation could be part of addressing the injustices suffered by the Palestinian people.

💡Human Rights

Human rights are the basic rights and freedoms to which all individuals are entitled, including the right to life, liberty, and security of person. The script discusses the violation of human rights in the occupied Palestinian territories, including the right to life, which is under threat due to the conflict and occupation.

Highlights

His Excellency Mr. Ry Hamidullah addresses the court on behalf of the People's Republic of Bangladesh.

Bangladesh fought for 23 long years to gain independence, achieving it through a bloody war in 1971.

Bangladesh's constitution mandates support for oppressed peoples worldwide, as outlined in Article 25c.

Bangladesh participates in these advisory proceedings to support Palestinian self-determination.

Bangladesh calls for an end to Israel's occupation of Palestine and the establishment of a sovereign Palestinian state along the pre-1967 borders.

The court is urged to examine the legal status of Israel's occupation comprehensively.

The situation in Gaza is described as a 'living hell' with severe humanitarian crises affecting 1.4 million Palestinians.

The ongoing war represents a catastrophic humanitarian disaster, with shortages of essential supplies worsening daily.

Bangladesh emphasizes that the occupation constitutes blatant violations of international law and ethnic cleansing.

An advisory opinion from the court is seen as a critical step towards ending the illegal occupation.

The UN Special Rapporteur's reports highlight severe human rights violations and structural violence against Palestinians.

The court is requested to consider the legality of Israel's occupation under established international norms.

Israel's prolonged occupation is characterized by colonization and annexation, violating international law.

The advisory opinion should mandate the end of Israel's illegal occupation and restoration of Palestinian rights.

International law requires Israel to cease discriminatory practices, withdraw forces, and dismantle illegal settlements.

States must not recognize or support the illegal situation created by Israel's actions.

The UN General Assembly and Security Council should take immediate action to end the Israeli occupation.

A decisive determination by the court would help secure the identity, respect, and dignity of the Palestinian people.

Bangladesh urges the court to consider the moral implications and uphold international law.

Transcripts

I invite the next participating

delegation Bangladesh to address the

cour let me call upon his Excellency Mr

Ry hamidullah to take the

floor Mr President members of the court

it's my distinct honor and privileged to

address the principal judicial organ of

the United Nations on behalf of the

People's Republic of Bangladesh and

participate in these advisory

proceedings on the legal consequences

arising from the policies and practices

of Israel in the occupied Palestinian

territory including e

Jerusalem Bangladesh fought for 23 long

years to gain her independence and

finally achieved it through a bloody war

in 1971 during which 3 million people

had to sacrifice their lives in the

early days of independent Bangladesh in

1972 Our Father Of The Nation bongu shik

muj ramman said I quote the world is

divided in two parts oppressors and

oppressed and I'm with the oppressed

unquote as Bangladesh pursued her own

self-determination our constitution

mandated us to support oppressed peoples

worldwide for fighting imperialism

colonialism or racism this duty is

outlined in article 25c of our

constitution in accordance with this

Duty Bangladesh is participating in

these advisory proceedings to contribute

to the realization of the right of the

Palestine people to

self-determination we aim to achieved

this by providing this court with our

perspectives on the questions asked by

the UN assembly in the current request

for an advisory

opinion Bangladesh has long reiterated

the call to end Israel's occupation of

Palestine and to achieve a lasting and

permanent solution which entails the

establishment of a sovereign and

independent Palestine State along the

pre-1967 borders with East Jerusalem as

its capital we firmly believe that the

court must heed the long overdue call to

holistically examine Israel's occupation

and render an opinion on the legal

status of the occupation as a

whole as we heard in this very Hall just

last month Gaza has been described as a

leaving

hell on 20th May

2021 even before the ongoing War Mr

Antonio gutes the UN secret General said

I quote if there's a hell on Earth it is

the lives of children in Gaza

unquote I stand before the court also in

the context of the fast developing

circumstances in Rafa with grave human

train implications for the 1.4 million

Palestine people nearly half of them

children the ongoing War represents one

of the most shameful catastrophes in the

history of the modern era the UN

agencies and other human Aid

organizations on the ground have warned

of a humanitarian disaster engulfing the

tiny Enclave of 2.3 million people with

shortages of food fuel drinking water

and medicines worsening by the day the

killing of thousands of innocent

civilians particular children the

destruction of their homes the

occupation of the ancestral lands and

the deliberate obstruction of the access

to food and water all constitute blatant

violations of international law

and serve as textbook examples of ethnic

cleansing Bangladesh firmly believes

that an adviser opinion on the questions

posed by the general assembly would

undoubtedly represent a critical and

logical step towards ending the illegal

occupation the dismantling of this

occupation would in turn address the

root cause of Israel's violent

subjugation of the Palestine

people we elaborated on these matters

and the underlying reasoning in our

submissions before the court Mr

President on 24th July and 25th October

last year it is pertinent to recall that

just four months back the UN special

repor here on the situation of human

rights in the occupied Palestine

territories franccesca albanis in her

report brought up several appalling

facts I would consider it apt to quote

one par pertinent aspect and I would

quote in the occupied Palestine

territory the fundamental right to life

is under threat as indicated by the

mortality rates of Palestinian children

the neonatal

mortality and infant mortality rates in

the occupied Palestinian territory are

respective

9.3 and 12.7 per 1,000 live births

rising to

14.8 per 1,000 life births for children

under five while in Israel they are 1.7

2.7 and 3.4 per 1,000 life

births in addition to direct attacks on

the right to life Palestinians also

endure structural violence and racial

discrimination which impedes their full

development

unquote these structural violence of the

occupation and the deliberate and

excessive use of force against the

Palestinians are indeed not limited to

the recent events in Gaza as a special

reporter Miss albani stated in her 2023

report I quote the Spectre of death

looms as a dominant element in the lives

of Palestinian children this reality

exerts a psychosocial toll on those who

managed to survive as pointedly

expressed by aadya a 14-year-old girl I

quote as she said fearing death does not

prevent you from dying but it prevents

you from living

unquote thousands of AAS keep crying in

silence deprived and disenfranchised for

decades ending the occupation would

necessarily bring an end to the violence

that is exercised upon Palestinians on a

daily

basis however there is no end to the

occup ation in sight nor is it likely to

end through political means alone it has

become

interminable that much was all but

confirmed by Israel's prime minister Mr

Benyamin Netanyahu on 18 January

2024 the Court's intervention to us is

therefore both timely and

necessary as I proceed with the this

oral statement I wish to address whether

the occupation of Palestine territory by

Israel is illegal or not

even though the great majority of States

participating in these proceedings

including Bangladesh are firmly

convinced that the occupation is illegal

we note that two states contend that it

is not next I'll State the legal

consequences that in our view derive

from the illegal status of the

occupation on Israel's illegal

occupation Mr President members of the

Court the fundamental question posed by

the UN General Assembly regarding the

legality of the Israeli occupation is

grounded in established International

norms and legal principles the state of

Palestine in its written statement

underscores the colonial and acquisitive

nature of the occupation emphasizing its

delous impact on the Palestinian

people the occupation characterized by

persecution racial discrimination and

appeide stand stands in clear violation

of three preemptory Norms of

international law the right to

self-determination the prohibition of

acquiring territory by force and the

prohibition of racial discrimination and

appetite numerous submissions have equo

these sentiments highlighting the

temporary nature of bigant occupation as

mandated by international law the

annexation of occupied territory and the

settlement of the occupying powers

National in the occupied area are

explicitly prohibited constituting

illegal acquisition of territory under

the UN Charter and relevant un

resolutions Israel's prolonged

occupation coupled with its policies of

colonization and annexation underscores

its illegality under international law

these actions not only contravene the UN

Charter but also violate General

international law

including the preemptory norm

prohibiting the acquisition of territory

by

force furthermore arguments put forth by

state States and international

organizations reject any justification

for Israel's occupation on grounds of

self-defense the occupation violates

fundamental principle of international

law including the right to

self-determination and the prohibition

of acquiring territory by

force The Advisory of opinion on wall

which concluded that Israel cannot rely

on self-defense to justify its actions

reinforces the notion that the

occupation cannot be justified under

international

law while the country is supporting

Israel in these advisor proceedings have

primarily focused on jurisdictional

questions a few states have addressed

the merits of the occupation one

contends that an occupation can never be

unlawful regardless of viol viations of

international human Tran law however

this argument stands in contravention of

established legal principles and has

been widely found to be

incorrect Switzerland's distinction

between the law of occupation and the

legality of occupation further

elucidates the legal framework

surrounding the issue an occupation that

involves an excession or deao control of

the occupied territory constitutes an

illegal ition of territory by force as

prohibited under international

law ultimately Israel's occupation

characterized by its acquisitive

Colonial and annexationist nature

represents a clear violation of

international law it serves as a mean

for means for the illegal acquisition of

teritory and must be brought to an

immediate and unconditional

end I may also recall the UN sec

Security Council resolution 2334 of 23rd

December

2016 which reaffirmed the obligations of

Israel the occupying power to abide

scrupulously by its legal obligations

and responsibilities under the for

Geneva Convention in regard to the

protection of Civilian persons in time

of

war that Security Council resolution

also condemned all measures aimed at

altering the demographic composition

character and status of the Palestinian

territory occupied since 1967 including

East Jerusalem including Ina the

construction and expansion of

settlements transfer of Israeli settlers

confiscation of land demolition of homes

and displacement of Palestinian

civilians in violation of international

human train law and relevant

resolutions Israel has flagrantly

violated this and all other Security

Council resolutions

and it continues to do so in furance of

permanently maintaining its illegal

occupation of Palestine

territory at a more granular level may I

refer to the approaches of assessing

legality Advanced by the former un

special reporter Michael Link in his

2017 report to the UN General Assembly

and the current special reporter Francis

albanis in a 2022 report these are

opposite and relevant to the Court's in

this case the two approaches overlap and

interrelate But ultimately provide two

Pathways for determining the legal

status of the

occupation I may humbly request the

court to consider the link report where

he proposed a four-part test for

determining the legality or illegality

of an

occupation the special reporter's

approach also fits within the parameters

of the Court's advisory opinion on the

legal consequences for states of the

continued presence of South Africa in

NAIA that opinion arose out of Security

Council resolution declaring South

Africa's continued presence in Namibia

illegal if South Africa's mandate could

be found to be illegal due to its

violation of the applicable

International legal principles so too

can Israel's occupation by reason of its

violation of the same princi

principles therefore applying one or

both of these Frameworks which

Bangladesh addressed endorsed for the

reasons stated in our written

submissions we' respectfully

submit that Israel's occupation is

undoubtedly

illegal I'll would now turn on the legal

consequences Mr preson and members of

the

Court there's a broad consensus that

Israel through its denial of the

Palestinian people's right to

self-determination has violated

preemptory Norms of international law

these violations include persecution

racial discrimination and appetite

against

Palestinians as well as the occupation

colonization and annexation of

Palestinian

land these systematic breaches severely

undermine the rights of Palestinians as

a people and Palestine as a state while

also hindering the prospects for a just

and Lasting peace in accordance with

international law and relevant un

resolutions consequently international

law mandates the complete unconditional

and immediate Cession of these

internationally wrongful

acts all states and international

organizations that have condemned

Israel's conduct agree that these

systematic and Grave breaches can legal

consequences for

Israel as the responsible State other

the states and the United Nations and

other intergovermental

organizations so on legal consequences

for Israel first Israel must seize all

acts preventing the exercise of the

right to self determination by the

Palestine people including resigning

discriminatory laws and

measures this cation includes

withdrawing occupation forces

dismantling illegal structures such as

settlements and the wall and repealing

annexation related

legislation and secondly Israel must

provide reparations for the damages

caused and guarantee non-

reputation on the legal consequences of

all other

states first all states must ensure the

immediate Sy cation of any impediment to

the exercise of the Palestinian people's

right to

self-determination and uphold the

prohibition of acquiring territory by

force and racial discrimination and

appetite and secondly states must not

recognize the illegal situation

resulting from Israel's wrongful acts

including in Jerusalem and must not

provide Aid or assistance to maintain

this situation cooperation is essential

to ensure Israel's compliance with

international law and human

standards on legal consequences for the

United Nations first the U UN General

Assembly and Security Council should

consider further action to immediately

end the Israeli occupation and remove

obstacles to Palestinians rights

including

self-determination and secondly

immediate action is necessary to end the

system of apide set up by Israel with

relevant un resolutions implemented

without

delay as Prest distinguished members of

the Court the promise of a Palestinian

State based on a diplomatic settlement

grounded in law has been a prominent

feature of the international agenda

since

1948 75 years later there exists a vast

body of practice State practice and

opinion juries that emphatically support

the Palestinian people's right to an

independent state the UN Security

Council and the general assembly have

adopted numerous resolutions since 1948

on the question of

Palestine recognizing among other rights

the right of return for Palestinian

refugees and the right of Palestinians

to establish an independent state along

the pre-1967 borders additionally both

the UN General Assembly and the Human

Rights Council have acknowledged the

Palestinian people's right to

self-determination importantly in 2004

this court in its advis advisory opinion

on the wall explicitly affirmed the

Palestinian people's right to

self-determination and international

law Bangladesh drawing on our agonizing

struggle for Independence recognizes how

the state of Palestine con consistently

and conclusively reaffirmed her

commitment to a peaceful

solution this solution in accordance

with international law and based on the

aforementioned terms of reference aims

to ensure the Fulfillment of the

Palestinian people's unalignable rights

under international law these rights

include self-determination the right of

return the realization of Independence

and sovereignty of the state along pre

1967 borders with East Jerusalem as its

capital and the aspiration to leave side

by side in peace and security with

Israel the Court's steadfast commitment

to universally uphold rule of law

coupled with its principal stance on the

legality of Israel's half century

temporary occupation of the occupied

Palestine territory would shine a Light

Of Hope on the baguer Palestinian

people a decisive deter mination by the

court of the illegal status of the

Israeli occupation of Palestinian

territory and the legal consequences

that arise from such status including an

immediate unconditional and complete end

to the occupation would help secure the

identity respect dignity and existence

for the present and future generations

of the Palestinian people in a state of

their own at peace with

Israel

Mr President members of the

Court Palestinians are no expandable

people as much as this advisory opinion

involves legal questions it poses an e

exceptional moral issues for the

humanity I stand before the court as

Bangladesh deem it our sacred duty to

uphold international law as well on

behalf of bang adesh I therefore expect

respectfully request the court to give

full consideration to the importance of

an advisory opinion at this critical

moment I'd like to thank you Mr

President as well as the distinguished

members of the court for granting

Bangladesh this opportunity to

participate thank

you I thank the delegation of Bangladesh

for its presentation