ICJ Legal Fatwa Strengthens Momentum for Recognition of Palestine State, Will Indonesia Bring it to the UNSC?

JAKARTA - Indonesia will continue the struggle for Palestine on the international stage, after the International Court of Justice (ICJ) issued its legal edict last week.

The ICJ said that Israel's settlement policy and exploitation of natural resources in the Palestinian territories are violations of international law.

The findings of the judges at the ICJ, known as the World Court, are not binding but have international legal weight.

Indonesia welcomes this because it fulfills the aspirations of the Indonesian and international community, assessing that the ICJ has fulfilled its role in upholding the rules-based international order by determining the illegal status of Israel's presence in the occupied Palestinian territories.

Therefore, Indonesia supports the Court's view that all countries and the UN should not recognize the situation caused by Israel's illegal presence.

"The existence of this advisory opinion is increasingly becoming a momentum, further strengthening the international community to give recognition to the Palestinian state," explained the Director General of Asia Pacific and Africa at the Indonesian Ministry of Foreign Affairs Abdul Kadir Jailani, in a press statement in Jakarta, Monday, July 22.

In addition to recognizing the Palestinian state, Indonesia is also said to continue to encourage the resolution of the Palestinian conflict with the Two State Solution.

He explained that the ICJ's legal edict is not a judicial process to resolve disputes, there are no binding sanctions.

Based on the edict, Indonesia will continue to encourage the international community, other countries, and the UN, in this case the General Assembly and the Security Council, not to recognize the illegal situation in Palestine.

"Next, the steps that can be taken are how to encourage the UN, in this case the Security Council and the General Assembly to think about what to do, how to do and when to do, regarding how Israel can withdraw from the occupied territory," said Ambassador Abdul Kadir Jailani.

"Of course this is not an easy step, because currently the steps taken by the Ministry of Foreign Affairs and the PTRI New York are reviewing in depth and coordinating with all related countries to determine further steps to be taken," he said.

If this is later followed up in the Security Council, there may be a veto because it is subject to the rules in that body, he said.

Meanwhile, Director General of Law and International Agreements L. Amrih Jinangkung said that a legal fatwa is a court decision that only provides legal advice to those who request it, UN institutions, in this case the UN General Assembly

The next step is to return to the requesting institution when discussing the Palestinian issue

"This legal fatwa will be a guide for the General Assembly to discuss the Palestinian issue," he said.

He explained that Indonesia will coordinate with like-minded countries, in the context of this legal opinion, the majority of countries have the same opinion as Indonesia, inviting the international community to jointly think about the follow-up to this legal fatwa, how the General Assembly can follow up or use this fatwa as a principal guide in discussing the Palestinian issue.

"For the approach, our friends from the representatives in New York always communicate with other diplomats. We always approach all parties. There must be those who are on the same page as Indonesia in the Security Council, we channel our voices through those there," when asked whether Indonesia would approach member countries of the UN Security Council so that this matter could be discussed in the body. It is known that the ICJ's legal edict was requested by the UN General Assembly (UNGA). The UNGA resolution itself is not legally binding, but has significant political content. Meanwhile, the Security Council resolution is binding and there are sanctions if violated.