Bangladesh Statement in ICJ hearing on Palestine 20 Feb 2024
Summary
TLDRHis 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
🏛️ 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.
📜 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.
🛡️ 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.
🕊️ 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.
🌟 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.
Mindmap
Keywords
💡Self-determination
💡Occupation
💡Advisory Opinion
💡International Law
💡Preemptory Norms
💡Racial Discrimination
💡Humanitarian Disaster
💡Ethnic Cleansing
💡Settlements
💡Repatriation
💡Human Rights
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
浏览更多相关视频
What are the legal consequences of Israel's occupation? | Inside Story
Why Israel Has LEGAL RIGHT To West Bank (Judea & Samaria) - ICJ Reaction
The History of Palestine Occupation
SA-Israel case | Pandor welcomes ICJ order
Pastor in Bethlehem denounces US evangelicals for abandoning Palestinian Christians
Indonesian FM on occupied Palestine and Indonesia democracy path | Talk to Al Jazeera
5.0 / 5 (0 votes)