Raising their voices: Participants of the ‘Action Action Siege For Palestine’ picket gathering during the New Year countdown near the United States Embassy in Jalan Tun Razak — SHAARI CHEMAT/The Star
Additionally, Malaysia, one of the endorsers of South Africa’s case against Israel under the 1948 Genocide Convention, had on Feb 22 submitted its oral submission at the ICJ’s open hearing on another case. Experts also suggest that Malaysia, among others, can also invoke the Genocide Convention to bring greater pressure to bear against Israel to stop its atrocities in Gaza.
“Malaysia became a party to the Convention in 1994 while Israel became a party to the Convention in 1950.” Universiti Teknologi Mara’s international law expert Dr Ummi Hani Maso’od says three aspects need to be determined to see if Malaysia, as a state party to the Convention, can invoke it against Israel.
“Israel maintains effective control even without the presence of its armed forces. It is important to determine the status of Israel as an occupying power to assess the legal obligations Israel owes to Gaza. “However, the ICJ rejected this argument. The ICJ held that the facts and circumstances are sufficient to conclude that at least some of the rights claimed by South Africa and for which it is seeking protection are plausible.
She says Israel owes an obligation to all other state parties to comply with the Genocide Convention. Similarly, Wisma Putra has declined to comment if Malaysia will be pursuing any other legal actions on the international stage against Israel.