"Historic Advisory Opinion on Palestine" by Indra Rosandry, Aloysius Selwas Taborat et al.
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Abstract

On 19 July 2024, the International Court of Justice (ICJ) rendered a historic ruling which declared that Israel’s presence in the Occupied Palestinian Territory (OPT) is unlawful. While this historic Advisory Opinion on the Legal Consequences Arising from Israel’s Policies and Practices in the OPT, including East Jerusalem (Advisory Opinion) should be celebrated, much more needs to be done in order to fully realize the decisions contained therein. This article presents an overview of the Republic of Indonesia’s legal arguments submitted to the ICJ concerning the request for an Advisory Opinion. Indonesia, a staunch supporter of the Palestinian cause, contends that Israel’s policies and practices constitute violations of international law, particularly due to its prolonged and illegal occupation over the OPT. This article seeks to analyze Indonesia’s submissions to the ICJ in light of the Advisory Opinion rendered, and looks at previous practices of the ICJ regarding advisory opinions to shed light on the way forward.

References

Journal Articles and Periodicals

Fadilah, Irfan and Adirespati, Parusa Seno. “Self-Determination and Territorial Integrity Revisited: Reflecting Chagos Advisory Opinion and Its Comparison With West Papua.” Indonesian Journal of International Law 17, no. 1, Article 4, (2019): 65–90.

Hussein Ahmed, Awara and Shawkat Ali, Hemn. “The Implications of UN Security Council Resolutions in Shaping the Dynamics of the Palestinian-Israel Peace Process: The Israel-Hamas War as a Case Study.” Indonesian Journal of International Law 22, no. 2, Article 2, (2025): 359–390.

Sthoeger, Eran. “How do States React to Advisory Opinions? Rejection, Implementation, and what Lies in Between.” AJIL Unbound 117, (2023): 292–297, https://doi.org/10.1017/aju.2023.49.

Webb, Philippa. “The United Kingdom and the Chagos Archipelago Advisory Opinion: Engagement and Resistance.” Melbourne Journal of International Law 21, (2021): 1–23.

Books and Book Chapters

Dinstein, Yoram. The International Law of Belligerent Occupation. Cambridge University Press: New York, 2009.

Ministry of Foreign Affairs, Republic of Indonesia. Asia-Africa Speaks from Bandung. The Ministry of Foreign Affairs, Republic of Indonesia: Djakarta, 1955.

Kolb, Robert. The International Court of Justice. Hart Publishing, 2013.

M. Aljaghoub, Mahasen. The Advisory Function of the International Court of Justice 1946–2005. Springer-Verlag Berlin Heidelberg, 2006.

Legal Documents

1947 Convention on the Privileges and Immunities of the Specialized Agencies. 33 UNTS 261 (opened for signature 21 November 1947, entered into force 2 December 1948).

Accordance with international law of the unilateral declaration of independence in respect of Kosovo, ICJ Reports 2010, 403.

Agreement between the United Nations and the Government of Thailand relating to the headquarters of the Economic Commission for Asia and the Far East in Thailand (entered into force 26 May 1954).

Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations. 11 UNTS 11 (signed 26 June 1947).

Charter of the United Nations. 892 UNTS 119 (opened for signature 26 June 1945, entered into force 24 October 1945).

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Haya de la Torre (Colombia v. Peru), ICJ Reports, 1951, 71.

Indonesia. Pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 (Preamble to the 1945 Constitution of the Republic of Indonesia).

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), ICJ Reports 1971, 12.

Legal consequences of the construction of a wall in the occupied Palestinian territory, ICJ Reports 2004, 136.

Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, ICJ Reports 2019, 95.

Legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem, ICJ Reports 2024.

Legality of the threat or use of nuclear weapons, ICJ Reports 1996, 226.

Statute of the International Court of Justice. 33 UNTS 993 (opened for signature 26 June 1945, entered into force 24 October 1945).

Vienna Convention on the Law of Treaties between States and International Organizations. 25 I.L.M. 543 (opened for signature 21 March 1986, not in force).

Western Sahara, ICJ Reports 1975, 12.

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Lynk, Michael. “A/72/556, Situation of human rights in the Palestinian territories occupied since 1967, Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.” Accessed on 7 October 2024, https://docs.un.org/en/A/72/556.

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United Nations General Assembly. “A/RES/77/247 Resolution adopted by the General Assembly on 30 December 2022.” Accessed 18 September 2024, https://www.un.org/unispal/wp-content/uploads/2023/01/A.RES_.77.247_301222.pdf.

United Nations General Assembly. “A/RES/ES-10/24 Resolution adopted by the General Assembly on 18 September 2024.” Accessed on 21 September 2024, https://docs.un.org/en/A/RES/ES-10/24.

United Nations Human Rights Council. “A/HRC/50/NGO/168, Written statement* submitted by BADIL Resource Center for Palestinian Residency and Refugee Rights, a non-governmental organization in special consultative status.” Accessed on 5 October 2024, https://docs.un.org/en/A/HRC/50/NGO/168.

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Written Statement, Written Comments and Oral Statement (Verbatim Record 2024/11), Submitted by the Government of the Republic of Indonesia to the International Court of Justice. Accessed 13 September 2024, https://www.icj-cij.org/case/186

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