KUALA LUMPUR – Malaysia could weigh in to activate Article 9 of the Genocide Convention as a potential avenue to pursue a definitive resolution to the protracted conflict in Gaza.
A board member at Law for Palestine (L4P), Hassan Ben Imran, said that Malaysia’s involvement in various international platforms, coupled with its status as a state party to the Genocide Convention, could garner support from like-minded nations and bring justice to the Palestinians.
“Malaysia is a member of the United Nations, in which the International Court of Justice (ICJ) and its chief of justice are reachable.
“As Malaysia is also a member or state party to the Genocide Convention, this country could activate Article 9, which in particular emphasises the prevention and punishment of the crime.
“From there, it is hoped that some friendly states will join hands with Malaysia to take the case to the ICJ and demand judgement against Israel’s genocide,” Hassan said during an interview on Bernama News Channel’s The Nation programme yesterday.
According to international reports, there are 149 states party to the Genocide Convention, in which every nation has the right to call out the genocide in progress in Gaza and report it to the UN.
In the event that another state party disputes the claim of genocide, then the ICJ is required to adjudicate on “the responsibility of a state for genocide”. Israel is also a state party to the Genocide Convention.
Despite Hassan acknowledging that supporting the Palestinian cause may not be considered fashionable at present, he expressed deep appreciation for the consistent and significant efforts made by the Malaysian government and its people.
Hassan, also an author focusing on international law, Palestinian-Israel issues, and Middle Eastern affairs, hopes that Malaysia’s historical support for Palestine will serve as a unifying force within the Malaysian society.
“I totally understand that supporting Palestine is not fashionable. However, Malaysia has historically, until this very moment, always been consistent in supporting the Palestinians. Having Malaysian societies, with all their plethora and spectrum, really means a lot.
“I hope, as a Palestinian and member of a legal organisation working within the international legal regime activity and mechanism, that this adoption of the Palestinian cause within the Malaysian segments of society, despite everything, would be a stronger uniting force,” said Hassan.
The Convention on Genocide was among the first United Nations conventions addressing humanitarian issues. It was adopted in 1948 in response to the atrocities committed during World War II and followed G.A. Res. 180(II) of December 21, 1947, in which the UN recognised that “genocide is an international crime, which entails the national and international responsibility of individual persons and states”.
The Convention has since been widely accepted by the international community and ratified by an overwhelmingly majority of states.
L4P is a non-profit human rights organisation that aims to build an effective global network of legal professionals interested in the question of Palestine, including to provide enriched, multifaceted, and objective legal content on Palestine-Israel. – December 2, 2023