National Pension For All - Good proposed change for 1 pension for every politician -

Prime Minister Anwar Ibrahim is thinking about doing away with PENSION for public officers, and also PENSIONS for MPs/ADUNs/Senators and Members of Administration. He is also talking about 

Prime Minister Anwar Ibrahim said politicians or government employees who receive several pensions should fulfil their moral responsibility by choosing just one pension scheme.

SHOCKING to learn that some politicians are getting more than 1 government pension. ADUN you get 1 pension, MP you get another - but if you are in the State or Federal Cabinet you get even more. Some say that now a one-term MP may be earning a pension of about RM6-8k starting from the date they reach 50...

"Some said former ministers or prime ministers who have three or four pensions from the government as assemblymen, MPs and ministers.

"From a moral point of view, choose only one and such a call (to only choose one pension) also applies to Azizah.

"Azizah did not only served as a government doctor but also as a Selangor assemblyman, a member of parliament. However, this morning, she informed me that she will choose only one pension," the Tambun member of parliament said this in his closing speech at the Perak Unity Government Convention at the Hotel Casuarina in Meru here today.

How many pension is Anwar Ibrahim getting - It is sad that Wan Azizah is just now thinking about taking 1 pension only. Maybe, the Pakatan Harapan and BN MPs must IMMEDIATELY choose just 1 government pension, and immediately return the sums taken for the all the other additional pensions that they have been taking up till now - maybe for the last 5 years. After all, we are talking about the Malaysian peoples' monies here >>> and the return of the monies will help the people. 

We know that about RM120 BILLION being spent on pensions by 2040. How much was spend on pensions for 2022? 2023?

How much monies was spend on politicians pensions? 

The UNITY government politicians should not continue taking more than ONE pension immediately - and not simply rely on the excuse that the law is yet to be amended? 

Wonder how much money is Najib, a convicted criminal, is still receiving today?

MPs pension still entitlement after 50 years?(not current Malaysian retirement age). Abolish Gratuity? Limit pensions and derivative pensions?

Disqualification should be at end of criminal appeal - not delayed for other reason? Repeal Article 48(4)(c) FC?Will these criminal MPs still receive very high pensions?

Should a MP/ADUN/Senator be immediately disqualified on conviction? Why should people 'be forced' to still have a criminal as MP? REPEAL Art.48(4) Federal Constitution

 

What Malaysia needs urgently is a NATIONAL PENSION SCHEME FOR ALL - not just for public/government employees or politicians, judges,...? The current scheme discriminates against workers that work in the private sector or are self-employed > EVERYONE contributes to Malaysia - not just government employees.

We need to provide some monies for all persons after the reach retirement age until they die -  ONLY a government run pension scheme will work. 

A private scheme is dangerous as there is always the RISK of the private entity going 'bankrupt' and we know that this can happen to big insurance companies, and even banks. A private scheme will not consider the REALITY changes - like the deprivation of the Ringgit(meaning more ringgit needed to buy the same thing), the rise in cost of living, and the 'THEFT' of peoples' monies by the corrupt including politicians and government employees.

PENSION SCHEME  - a mandatory minimum contribution monthly starting from a certain age until a certain age. Such a scheme exist in the United Kingdom.

EPF/KWSP - it was  a mandatory 'savings' scheme to be used during OLD AGE - but then past governments ALLOWED people to take out the old age savings. YES -it may have helped the government solved contemporary financial concerns, and it was also allowed to withdraw for all kinds of things. END RESULT - there was INSUFFICIENT MONIES to support the livelihood from retirement until death.

Some policies like LOW COST HOUSING - when given to a poor person, it ends up with additional financial obligations that last sometimes up to 30 years, meaning that even after retirement, the monthly financial obligation is incurred beyond retirement age...hence, the monies in EPF/KWSP not enough.

Many workers, who were previously employees find that they lost employment - They were forced to become 'independent contractors' - who then will not receive the mandatory contributions from employer to KWSP and PERKESO. Truck drivers was one example of those affected.

KWSP was good - but it does not guarantee monthly income until OLD AGE. Some finish their savings in a few months/years - then what. Does the government pay minimum allowance to the elderly to ensure survival in their old age??? A National PENSION scheme is the only solution ...

See relevant posts:-

EPF - 68% EPF members have less than RM50,000 - will last only 4 1/2 years? UMNO-BN Failure?

Workers victims of Economic Stimulus Plan - Spend more of money - by reducing savings for old age livelihood?

EPF money is workers' money - Using it impacts on DIVIDENDS? Use government money for charity??

KWSP - RM101 Billion Withdrawals affected ALL members - If no withdrawal, dividends 6.7%, now only 6.2%?

Bila kerajaan akan bayar kembali kepada pekerja swasta wang peribadi yang telah digunakan dahulu semasa pandemik COVID?

Government, Care for ALL - foolish to ask workers to take from their SAVINGS and spend, when they should get direct assistance from Rakyat's monies

 

 

Politicians have moral obligation to choose only 1 pension, says Anwar

Prime Minister Anwar Ibrahim says ex-ministers and menteris besar with three to four pensions should choose one and forgo the rest.

Bernama - 27 Jan 2024, 3:13pm

Prime Minister Anwar Ibrahim said any measures or proposals to abolish the pension scheme for elected representatives and ministers would require amendments to the Federal Constitution.

KUALA LUMPUR: Prime Minister Anwar Ibrahim said politicians or government employees who receive several pensions should fulfil their moral responsibility by choosing just one pension scheme.

He said this is because there are former ministers, menteris besar and government officers who are receiving three to four pensions.

“It’s just that from the moral aspect, those earning minister’s or menteri besar’s salaries, or civil servants who get three or four pensions, could perhaps look at the situation, fulfil their moral responsibility by forgoing the other pensions and just choose one, (but) it’s up to them,” he said.

He told reporters this after officiating Zoo Negara’s 60th Anniversary celebration at Dataran Dato’ Ismail Hutson here today.

He was commenting on a statement by the Council of Former Elected Representatives (Mubarak) that the monthly payment given to former elected representatives was “gratuity” and that it should be continued.

Mubarak also called for the government to continue the civil service pension scheme as well.

Anwar said any measures or proposals to abolish the pension scheme for elected representatives and ministers would require amendments to the constitution.

“The Federal Constitution does not allow us to change anything that has previously been agreed upon. What we want to start is a new rule that can come into force for new positions.

“This includes political positions. That’s the proposal we will present to the Cabinet and in Parliament because it involves several amendments.

“So, we cannot just terminate what is existing because it is tied to the agreement in the law and also guaranteed under the constitution,” he added.

Meanwhile, commenting on the International Court of Justice’s (ICJ) decision on the Israeli war on Hamas, Anwar said although it was not fully in favour of the Palestinians, there was, however, a clear stance from the ICJ regarding the conflict.

“At least there is a clear stance of the ICJ condemning the attacks and urging for them to be stopped and humanitarian aid to be expedited,” he said.

The ICJ on Friday ordered Israel to prevent acts of genocide in Gaza but did not order a ceasefire.

Anwar said Malaysia was firm in its stance in condemning the attacks and will continue to monitor and provide the necessary support as stated by foreign minister Mohamad Hasan during the United Nations Security Council Open Debate earlier this week. - FMT, 27/1/2024

Anwar says Dr Wan Azizah is choosing one out of three pensions

By Zahratulhayat Mat Arif - January 28, 2024 @ 7:20pm

Datuk Seri Anwar Ibrahim today reiterated his calls for elected representatives at the state and federal level, who are entitled to more than one pension scheme, to only choose one. - NSTP/L. MANIMARAN

IPOH: Datuk Seri Anwar Ibrahim today reiterated his calls for elected representatives at the state and federal level, who are entitled to more than one pension scheme, to only choose one.

The Prime Minister, who is also the Pakatan Harapan (PH) chairman, repeated such a call and asked politicians to emulate his wife Datuk Seri Dr Wan Azizah Wan Ismail.Ads by

"Some said former ministers or prime ministers who have three or four pensions from the government as assemblymen, MPs and ministers.

"From a moral point of view, choose only one and such a call (to only choose one pension) also applies to Azizah.

"Azizah did not only served as a government doctor but also as a Selangor assemblyman, a member of parliament. However, this morning, she informed me that she will choose only one pension," the Tambun member of parliament said this in his closing speech at the Perak Unity Government Convention at the Hotel Casuarina in Meru here today.

Present were Deputy Prime Minister who is also Barisan Nasional (BN) chairman Datuk Seri Dr Ahmad Zahid Hamidi, Perak Menteri Besar Datuk Seri Saarani Mohamad and Perak Pakatan Harapan (PH) chairman Datuk Seri Dr Mujahid Yusof Rawa.

Meanwhile, Anwar also hinted that potential candidates in the next general election (GE) would have to accept a pension-free scheme for elected representatives.

Anwar said that the proposed abolition of the pension scheme should apply to politicians and not only civil servants.

"I do not agree with the view that politicians should be excluded but as usual I will present this view when we study the abolition of the retirement scheme.

"I will also state that it should also apply to politicians, meaning that those who will be candidates in the next election should accept the fact that their scheme does not include pensions," he said.

Zahid had on Wednesday announced the proposed new pension scheme for the civil service.

Under this method, new hires in the civil service will contribute to retirement schemes like the Employee Provident Fund (EPF) and Social Security Organisation (Perkeso).- NST, 28/1/2024

Govt to Government to foot some RM120bil in pension payments if new salary scheme not introduced, says Zahid
 By Farik Zolkepli Nation
Wednesday, 24 Jan 2024 6:34 PM MYT
 

KAJANG: The government has to spend some RM120bil to cover pension payments by 2040 if new salary schemes in hiring public officers are not introduced, says Datuk Seri Dr Ahmad Zahid Hamidi.

The Deputy Prime Minister said the new salary scheme is expected to be announced by the Public Service Department director-general within this year.

"At the Cabinet meeting, we discussed that there is a confusion in terms of the salary scheme.

"The contract for the service system will be done in the interim period before the new salary scheme is introduced," he told reporters after his working visit to the Civil Defence Force's headquarters on Wednesday (Jan 24).

While the new salary scheme has not been introduced, Ahmad Zahid said it will only be applicable to new hirings, and not existing ones.

"Existing employment, who opt for the pension scheme, still remains as such," he said.

Previously, it was reported that a study on the salary system for public officers is being completed while the contract appointment system for new recruitment in the civil service is temporary.

Communications Minister Fahmi Fadzil said a detailed explanation would be issued soon by the Public Service Department on the matter.

Public Service Department director-general Datuk Seri Wan Ahmad Dahlan Abdul Aziz, in a circular, said that the contract of service system would take effect from Feb 1.

He said the law was still being amended to allow for the creation of a new civil service recruitment method and that the new recruitment method, once implemented, would reduce the country’s fiscal burden. - Star, 24/1/2024

No pension for elected reps appointed to office, says Anwar

Prime Minister Anwar Ibrahim says politicians will not be exempted under the new hiring policy by the civil service.

Elill Easwaran - 26 Jan 2024, 1:38pm

Prime Minister Anwar Ibrahim says many countries, including Malaysia, were enduring economic hardship.

SEGAMBUT : Elected representatives who are appointed to office in future will not receive pension, similar to those recruited as civil servants, Prime Minister Anwar Ibrahim said.

“(In future), if any civil servants are hired, they will not receive pension. The same principle applies for politicians,” Anwar told reporters when met here.

Recently, the public services department (JPA) announced that new civil servants would be appointed on a contractual basis pending a new policy on hiring civil servants for permanent posts without pensions.

Anwar added that many countries, including Malaysia, are facing some economic hardship, which requires some change in the way things are done financially.

“However, any changes the government wishes to make must be preceded by proposals and discussions, including those involving the abolition of pensions, before being finalised.”

On Wednesday, deputy prime minister Ahmad Zahid Hamidi echoed JPA’s announcement, saying that new civil servants would contribute to EPF and Social Security Organisation (Socso).

Meanwhile, speaking on the national football team, Anwar congratulated and thanked the team for giving South Korea a run for their money in their final Asian Cup group match last night.

He also announced an extra allocation of RM5 million to the Football Association of Malaysia (FAM) to enhance the national team’s management.

“This allocation will be given immediately,” he said.

Last night, a late equaliser from Romel Morales helped Harimau Malaya grab a 3-3 draw against Asian Cup favourites South Korea.

The draw, however, failed to take Malaysia into the knockout stage as only the top two teams in each group and the four best third-placed teams progressed.

Harimau Malaya were placed fourth in their group with one point having lost their first two matches to Jordan and Bahrain. - FMT, 26/1/2024

How much do our MPs and assemblymen earn? Here are the numbers

By Hakim Mahari - January 26, 2024 @ 7:00am

MPs also become eligible for a pension after completing 36 months of reckonable service and upon reaching 50. - NSTP file pic

KUALA LUMPUR: Should ministers, members of parliament (MPs) and state assemblymen take the lead first in forgoing their pensions?

Following the furore over the proposed abolishment of the pension scheme for new government hires, many quarters have called for the elected representatives to be ineligible for the pension scheme.

The announcement by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, who cautioned that the government would be spending RM140 billion on pensions by 2040 if new salary schemes aren't introduced, has since sparked a flurry of responses.

Umno Youth was among the first to raise the idea, followed by MCA Youth, which commended the call for pension abolition and suggested that ministers and MPs should lead by example in accepting these changes.

Cuepacs added its voice to the chorus of dissenters, saying that MPs and state assemblymen should be subjected to the same conditions first, and added that many elected representatives, with high salaries and allowances, only serve for five years before qualifying for a lifelong pension.

The New Straits Times takes a quick look at how much MPs and assemblymen can earn.

SALARIES, ALLOWANCES AND PERKS

As per the Members of Parliament (Remuneration) Act 1980, an MP's monthly salary, including their allowances, could work out to an average of RM25,700.

Additionally, MPs can claim various allowances or subsidies for specific purposes. For instance, they receive RM400 per day for attending parliamentary sittings and a one-time allowance of RM1,000 every three years to purchase black-tie attire.

Below is a list of allowances they qualify for:

• Salary: RM16,000 per month

• Parliamentary sitting attendance: RM400 per day

• Government agency meetings/ workshops attendance: RM300 per day

• Entertainment allowance: RM2,500 per month

• Special payment for non-administration MP: RM1,500 per month

• Fixed travel allowance: RM1,500 per month

• Fuel allowance: RM1,500 per month

• Toll allowance: RM300 per month

• Driver allowance: RM1,500 per month

• Handphone purchase: Up to RM2,000 every two years

• Phone bill allowance: RM900 per month

• Purchase of computer: Up to RM6,000

• Black-tie attire subsidy: RM1,000 every three years

• Ceremonial attire allowance: Up to RM1,500

• Warm clothing allowance

• Free vehicle license

• Official trips - Business class air travel

• Official trips - First-class rail travel

• Domestic duties exceeding 32km from home: Hotel allowance up to RM400 a night

• Daily stipend during business trips: Domestic - RM100 a night/ International - RM170 a night

• Food allowance when overseas: RM340 a night

• First-class single-room ward in government hospitals: Free

MPs also become eligible for a pension after completing 36 months of reckonable service and upon reaching 50.

WHICH STATE HAS THE BEST-PAID ASSEMBLYMEN?

Meanwhile, assemblymen reportedly receive a monthly allowance of between RM6,000 and RM15,000 each on average.

Assemblymen from Sarawak recorded the highest monthly salaries at RM15,000, followed by Melaka at RM12,000, Selangor and Penang each at RM11,500, and Kedah, Terengganu, and Pahang each at RM11,000.

Perak and Perlis registered the lowest salaries for their assemblymen at RM6,000 per month.

The most recent salary adjustments for state assemblymen were predominantly based on increments in 2013, except for Melaka (2023), Sabah (2022) Johor, Penang, Terengganu, Kelantan, and Pahang (2015), as well as Negri Sembilan (2014).

Some MPs and assemblymen also sit on the boards of government-linked companies, the chairmanship of which could see them pocket an additional RM40,000 and RM50,000 a month.

 

ICJ delay in making provisional orders - every day more dies in Gaza? Malaysia can do more - including intervening in Genocide Suit? Indonesia's New Case Against Israel?

Around 24,500 Palestinians have now been killed in Israeli attacks, with more than 61,500 injured. Millions more displaced people are living through what UN experts said again on Wednesday is an “unfolding genocide,” warning that “Gazans now make up 80% of all people facing famine or catastrophic hunger worldwide.” - AA, 18/1/2024

The International Court of Justice completed the hearing on 12/1/2024, and judges are deliberating and the decision will be announced soon. (See below the Press Release by ICJ) - the decision is really for temporary 'PROVISIONAL MEASURES' now to end the alleged acts of Genocide being afflicted on the people of Gaza..Palestinians. IT is not the FINAL DECISION as to whether Israel is guilty of acts of Genocide which will be made after the FULL HEARING of the case by the ICJ later on...

The QUICK DECISION is urgent - as any delay results in more death, injury and property destruction... SO, after 9(NINE) days, why have we not got a decision on PROVISIONAL Orders yet? 

Gaza’s health ministry says 178 Palestinians were killed and 293 injured in the past 24 hours. - 21/1/2024

MALAYSIA

Whilst in Malaysia, the picture painted is that Anwar Ibrahim and its PH-led UNITY government are strongly committed to the Palestinian Cause against the gross human rights violations being perpetrated by the Zionist Israeli regime - it may not be so perceived by the media or the citizens of other nation States.

South Africa brought Israel before the International Court of Justice for violation of obligation of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. It would have been great if Malaysia did, or NOW officially join South Africa in court, which it can still do now...

Malaysia has ratified/signed this Genocide Convention in 1994 but with an embarrassing reservation - 

Reservation:
       "That with reference to article IX of the Convention, before any dispute to which Malaysia is a party may be submitted to the jurisdiction of the International Court of Justice under this article, the specific consent of Malaysia is required in each case."

Understanding:
       "That the pledge to grant extradition in accordance with a state's laws and treaties in force found in article VII extends only to acts which are criminal under the law of both the requesting and the requested state." - UN Website - Info on Ratification and Reservations

What does this 'Reservation' imply - Well, it means if Malaysia is to be brought before the International Court of Justice for 'crimes' of GENOCIDE like how Israel has been, then Malaysia's prior agreement is required...

This Malaysian 'Reservation' is embarrassing - Does Malaysia fear being alleged of committing the crime of GENOCIDE? Does Malaysia plan to commit the crimes of GENOCIDE as stated in the Convention in the future? Is Malaysia committing crimes of GENOCIDE now?  

Now, Prime Minister Anwar and this 'unity' coalition government led by Anwar's Pakatan Harapan must IMMEDIATELY REMOVE MALAYSIA'S RESERVATION in the  Convention on the Prevention and Punishment of the Crime of Genocide.

In any event, Malaysia can still apply to formally INTERVENE, and thus be a formal party in this action against Israel to end the 'genocide' activities against the people of Palestine ... but will it? Malaysia was one of the first countries to come out in support of South Africa's action, but will it go further and formally try to intervene... 

Subsection 4. Intervention

Article 81

1. An application for permission to intervene under the terms of Article 62 of the Statute, signed in the manner provided for in Article 38, paragraph 3, of these Rules, shall be filed as soon as possible, and not later than the closure of the written proceedings. In exceptional circumstances, an application submitted at a later stage may however be admitted.

2. The application shall state the name of an agent. It shall specify the case to which it relates, and shall set out:

(a) the interest of a legal nature which the State applying to intervene considers may be affected by the decision in that case;

(b) the precise object of the intervention;

(c) any basis of jurisdiction which is claimed to exist as between the State applying to intervene and the parties to the case.

3. The application shall contain a list of the documents in support, which documents shall be attached.

Article 82

1. A State which desires to avail itself of the right of intervention conferred upon it by Article 63 of the Statute shall file a declaration to that effect, signed in the manner provided for in Article 38, paragraph 3, of these Rules. Such a declaration shall be filed as soon as possible, and not later than the date fixed for the opening of the oral proceedings. In exceptional circumstances a declaration submitted at a later stage may however be admitted.

2. The declaration shall state the name of an agent. It shall specify the case and the convention to which it relates and shall contain:

(a) particulars of the basis on which the declarant State considers itself a party to the convention;

(b) identification of the particular provisions of the convention the construction of which it considers to be in question;

(c) a statement of the construction of those provisions for which it contends;

(d) a list of the documents in support, which documents shall be attached.

3. Such a declaration may be filed by a State that considers itself a party to the convention the construction of which is in question but has not received the notification referred to in Article 63 of the Statute.

Article 83

1. Certified copies of the application for permission to intervene under Article 62 of the Statute, or of the declaration of intervention under Article 63 of the Statute, shall be communicated forthwith to the parties to the case, which shall be invited to furnish their written observations within a time-limit to be fixed by the Court or by the President if the Court is not sitting.

2. The Registrar shall also transmit copies to: (a) the Secretary-General of the United Nations; (b) the Members of the United Nations; (c) other States entitled to appear before the Court; (d) any other States which have been notified under Article 63 of the Statute.

Article 84

1. The Court shall decide whether an application for permission to intervene under Article 62 of the Statute should be granted, and whether an intervention under Article 63 of the Statute is admissible, as a matter of priority unless in view of the circumstances of the case the Court shall otherwise determine.

2. If, within the time-limit fixed under Article 83 of these Rules, an objection is filed to an application for permission to intervene, or to the admissibility of a declaration of intervention, the Court shall hear the State seeking to intervene and the parties before deciding.

Article 85

1. If an application for permission to intervene under Article 62 of the Statute is granted, the intervening State shall be supplied with copies of the pleadings and documents annexed and shall be entitled to submit a written statement within a time-limit to be fixed by the Court. A further time-limit shall be fixed within which the parties may, if they so desire, furnish their written observations on that statement prior to the oral proceedings. If the Court is not sitting, these time-limits shall be fixed by the President.

2. The time-limits fixed according to the preceding paragraph shall, so far as possible, coincide with those already fixed for the pleadings in the case.

3. The intervening State shall be entitled, in the course of the oral proceedings, to submit its observations with respect to the subject-matter of the intervention.

Article 86

1. If an intervention under Article 63 of the Statute is admitted, the intervening State shall be furnished with copies of the pleadings and documents annexed, and shall be entitled, within a time-limit to be fixed by the Court, or by the President if the Court is not sitting, to submit its written observations on the subject-matter of the intervention.

2. These observations shall be communicated to the parties and to any other State admitted to intervene. The intervening State shall be entitled, in the course of the oral proceedings, to submit its observations with respect to the subject-matter of the intervention. - Extract from the ICJ's RULES OF COURT

 

What happened at the ICJ - South Africa -vs- Israel > Well, according to the Press Release, the Court has begun deliberations and will announce its decision in the near future.

We HOPE that decision comes FAST - and it will finally end 'temporarily' acts of GENOCIDE. Be mindful, this is but the application for PROVISIONAL MEASURES to be put in place whilst the court then proceeds to hear the case in FULL -  A Failure to give the provisional orders applied for may make the ICJ itself compliant in propagating GENOCIDE. 

Are the Judges of the ICJ Independent - the fact that they require the approval of the UN Security Council(where any of the 5 permanent members can use their VETO to prevent approval) means that the Judges of ICJ are all approved by even the US and UK, countries that have been believed to be pro-Israel. So, should we be worried when it is a case against Israel? 

The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations General Assembly and the Security Council. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. This sometimes makes it necessary for a number of rounds of voting to be held....Once elected, a Member of the Court is a delegate neither of the government of his own country nor of that of any other State. Unlike most other organs of international organizations, the Court is not composed of representatives of governments. Members of the Court are independent judges...On leaving the Court, judges receive an annual pension which, after a nine-year term of office, is equal to half the annual base salary.

ICJ Press Release - 12/1/2024

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website X YouTube LinkedIn
Press Release
Unofficial
No. 2024/3
12 January 2024

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)

Request for the indication of provisional measures - Conclusion of the public hearings held on Thursday 11 and Friday 12 January 2024
THE HAGUE, 12 January 2024. 

The public hearings on the request for the indication of provisional measures submitted by South Africa in the case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) concluded today.
 

The delegation of South Africa was led by HE Mr Vusimuzi Madonsela, Ambassador of the Republic of South Africa to the Kingdom of the Netherlands, as Agent, and Mr Cornelius Scholtz,Legal Counsellor, Embassy of the Republic of South Africa in the Kingdom of the Netherlands, as Co-Agent. The delegation of Israel was led by Mr Gilad Noam, Deputy Attorney General for International Law, Ministry of Justice of the State of Israel, Mr Tal Becker, Legal Adviser, Ministry of Foreign Affairs of the State of Israel, and Ms Tamar Kaplan Tourgeman, Principal Deputy Legal Adviser of the Ministry of Foreign Affairs of the State of Israel, as Co-Agents.
 

The Court will now begin its deliberation.
 

The Court’s decision will be delivered at a public sitting, the date of which will be announced in due course.
___________
Requests of the Parties
At the end of the hearings, the Agent of South Africa and the Co-Agent of Israel made the
following requests to the Court:
- 2 -
For South Africa:

“South Africa, as a State party to the Convention on the Prevention and Punishment of the Crime of Genocide, respectfully requests the Court, as a matter of extreme urgency, pending the Court’s determination of this case on the merits, to indicate the following provisional measures in relation to the Palestinian people as a group protected by the Genocide Convention. These measures are directly linked to the rights that form the subject matter of South Africa’s dispute with Israel:
(1) The State of Israel shall immediately suspend its military operations in and against Gaza;

(2) The State of Israel shall ensure that any military or irregular armed units which may be directed, supported or influenced by it, as well as any organisations and persons which may be subject to its control, direction or influence, take no steps in furtherance of the military operations referred to point (1) above;

(3) The Republic of South Africa and the State of Israel shall each, in accordance with their obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people, take all reasonable measures within their power to prevent genocide;

(4) The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to the Palestinian people as a group protected by the Convention on the Prevention and Punishment of the Crime of Genocide, desist from the commission of any and all acts within the scope of Article II of the Convention, in particular:
(a) killing members of the group;
(b) causing serious bodily or mental harm to the members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; and
(d) imposing measures intended to prevent births within the group;

(5) The State of Israel shall, pursuant to point (4) (c) above, in relation to Palestinians, desist from, and take all measures within its power including the rescinding of relevant orders, of restrictions and/or of prohibitions to prevent:
(a) the expulsion and forced displacement from their homes;
(b) the deprivation of:
(i) access to adequate food and water;
(ii) access to humanitarian assistance, including access to adequate fuel, shelter, clothes, hygiene and sanitation;
(iii) medical supplies and assistance; and
(c) the destruction of Palestinian life in Gaza;

(6) The State of Israel shall, in relation to Palestinians, ensure that its military, as well as any irregular armed units or individuals which may be directed, supported or otherwise influenced by it and any organizations and persons which may be subject to its control, direction or influence, do not commit any acts described in (4) and (5) above, or engage in direct and public incitement to commit genocide, conspiracy to commit genocide, attempt to commit genocide, or complicity in genocide, and insofar as they do engage therein, that steps are taken towards their punishment pursuant to Articles I, II, III and IV of the Convention on the Prevention and Punishment of the Crime of Genocide;

(7) The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; to that end, the State of Israel shall not act to deny or otherwise restrict access by fact-finding missions, international mandates and other bodies to Gaza to assist in ensuring the preservation and retention of said evidence;

(8) The State of Israel shall submit a report to the Court on all measures taken to give effect to this Order within one week, as from the date of this Order, and thereafter at such regular intervals as the Court shall order, until a final decision on the case is rendered by the Court, and that such reports shall be published by the Court;

(9) The State of Israel shall refrain from any action and shall ensure that no action is taken which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

For Israel:
“In accordance with Article 60, paragraph 2, of the Rules of Court, for the reasons given during the hearing of 12 January, 2024 and any other reasons the Court might deem appropriate, the State of Israel hereby requests the Court to:
(1) Reject the request for the indication of provisional measures submitted by South Africa; and
(2) Remove the case from the General List.”
___________
History of the proceedings
On 29 December 2023, South Africa filed an Application instituting proceedings against Israel concerning alleged violations by Israel of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) in relation to Palestinians in the Gaza Strip.

The Application also contained a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court. The Applicant requested the Court to indicate provisional measures in order to “protect against further, severe and irreparable harm to the rights of the Palestinian people under the Genocide Convention” and “to ensure Israel’s compliance with its obligations under the Genocide Convention not to engage in genocide, and to prevent and to punish genocide”.

Pursuant to Article 74 of the Rules of Court, “[a] request for the indication of provisional measures shall have priority over all other cases”.

Earlier press releases relating to this case are available on the Court’s website.
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The verbatim records of the hearings are available on the case page on the Court’s website.
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Note: The Court’s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague(Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
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Information Department:
Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394
Email: info@icj-cij.org

Source: ICJ Press Release 12/1/2024

Malaysia, with about RM1 Trillion Debt, may not be able to take up cases at the ICJ against Israel.

Anyway, there is news that Indonesia may ...be taking up a NEW case..

When will ICJ rule on South Africa’s genocide case against Israel?

Decision on South Africa’s request for provisional measures ‘could be expected in February, if not before,’ Italian lawyer Tiersisto Mariniello tells Anadolu

Semir Sejfovic  | 18.01.2024 - Update : 19.01.2024 South Africa's genocide case against Israel begins at International Court of Justice ( FILE PHOTO - Anadolu Agency )

- Decision on South Africa’s request for provisional measures ‘could be expected in February, if not before,’ Italian lawyer Tiersisto Mariniello tells Anadolu

- Decision ‘will come early because this is what the procedure requires,’ says Mariniello, who is part of legal team representing Gaza victims at the International Criminal Court

- Israeli defense ‘tried to underestimate’ genocidal statements made by Israeli leaders, but South Africans showed clearly how they were actually implemented in Gaza, says Mariniello

SARAJEVO, Bosnia and Herzegovina

The death toll in the Gaza Strip continues to mount by the day as the world awaits a decision from the International Court of Justice (ICJ) in South Africa’s genocide case against Israel.

Around 24,500 Palestinians have now been killed in Israeli attacks, with more than 61,500 injured. Millions more displaced people are living through what UN experts said again on Wednesday is an “unfolding genocide,” warning that “Gazans now make up 80% of all people facing famine or catastrophic hunger worldwide.”

This death and destruction inflicted on Gaza by Israel since Oct. 7 is precisely what South Africa has asked the ICJ to stop, putting in a special emergency request for provisional measures to halt the deadly Israeli campaign.

When the hearing concluded on Jan. 12, the ICJ put out a statement saying that its judges will now begin deliberations and their decision will be delivered at “a public sitting, the date of which will be announced in due course.”

Speaking to Anadolu, Tiersisto Mariniello, an Italian lawyer who was at The Hague for the hearing, said the decision on South Africa’s request for provisional measures “will come early because this is what the procedure requires.”

“We are talking about an urgent procedure. Provisional measure means priority over all the other cases the ICJ is dealing with,” said Mariniello, who is also part of the legal team representing Gaza victims at the International Criminal Court (ICC).

“We have had cases at the ICJ related to provisional measures in which the court has decided in eight days. So, I think that the decision could be expected in February, if not before.”

Another factor, according to Mariniello, is that “some of the judges are going to be replaced in February because of the natural end of their mandate.”

There are currently 15 judges on the case – from Australia, Brazil, China, France, Germany, India, Jamaica, Japan, Lebanon, Morocco, Russia, Slovakia, Somalia, Uganda, and the US – along with one ad hoc judge each from South Africa and Israel.

The judges from Jamaica, Morocco, Russia and the US are leaving next month, and will be replaced by others judges from Mexico, Romania, South Africa and the US.

“I personally, without speculating too much, believe that the decision will be issued before the replacement of the judges,” said Mariniello.

Then there is the potential intervention in the case “by third-state parties … as announced by Germany, for instance,” he continued.

“In this regard, the question is what is the court going to do? Are they going to accept submissions from them, inviting them to present their hearings? We will see,” he said.

“This is up to the judges now to decide in this relation.”

Assessing the arguments

The charges South Africa laid out against Israel at the ICJ focused on five main “genocidal acts” – the mass killing of Palestinians, infliction of serious mental and bodily harm, forced displacement and blockade on essential supplies, complete destruction of Gaza’s healthcare system, and preventing births in Gaza by blocking life-saving medical treatment and aid.

Israel’s response was centered on its right to self-defense against Hamas, denying that it has “genocidal intent,” asserting it has been trying to “minimize” civilian harm, and questioning the ICJ’s jurisdiction to handle the case.

“The South African submission and arguments are very, very compelling and persuasive,” said Mariniello.

“The application is solid and provides quite strong evidence in relation to all the elements of genocide.”

One particularly important point was how the South African showed the statements given by Israeli political and military leaders, all of which have been “typical genocidal statements,” he said.

“The Israeli defense tried to underestimate the statements … while the South Africans showed clearly how these statements received a concrete and effective implementation in Gaza,” he explained.

Double standards

Mariniello, who is involved in cases on behalf of Gaza victims at the ICC, was highly critical of the ICC’s lack of commitment when it comes to Palestine.

“I don’t think anyone can deny what we can call the double standards when it comes to the way in which Palestine and Palestinian victims have been treated by the international community, compared to other situations,” he said, citing as an example the urgency shown by the ICC on the Ukraine war.

“There have never been any statements, nor had any (ICC) investigator ever visited Israel or Palestine before December 2023. The Palestine investigation was receiving the smallest budget among all the active investigations before the ICC; one-fourth of the Ukraine budget, which gives you an idea of which is a priority for the court.”

While the ICC seems to have changed its approach a bit during the current conflict, with the current prosecutor, Karim Khan, visiting Rafah and “showing an interest in this investigation,” there are still many clear problems in its attitude, said Mariniello.

Even when Khan has spoken about the issue, “he never mentioned the context in which the Gaza war is taking place” and failed to link settler violence to “any state policy,” he said.

“So, the concern is that these double standards are going to continue to characterize future investigations as well,” he added. - AA, 18/1/2024

 

Indonesia Akan Mengajukan Kasus Baru Melawan Israel Ke Tingkat ICJ, Menekankan Pada Pendudukan Ilegal yang Telah Berlangsung Lebih dari 70 Tahun

Dea Andrea Maretta Satriyoning

- Jumat, 19 Januari 2024 | 20:50 WIB

X

Sebagai tanggapan dari permintaan Mahkamah Internasional (International Court of Justice/ICH), Menteri Luar Negeri RI, Retno Marsudi, akan menyampaikan pernyataan lisan untuk mendukung advisory opinion (AO) Mahkamah Internasional terkait pendudukan Israel atas Palestina pada 19 Februari 2024 mendata (kemlu.go.id)

WANODIA – Menteri Luar Negeri Indonesia mengumumkan bahwa Indonesia akan membawa kasus baru yang menyeret Israel kembali ke International Court of Justice (ICJ).

Retno Marsudi, selaku Menteri Luar Negeri Indonesia memaparkan, “International Law must be upheld. The right of the Palestinian people to self-determination must be respected. Israel’s occupation of Palestine, which has lasted for more than 70 years, will not erase the right of the Palestinian people to independence.”

(“Hukum Internasional harus ditegakkan. Hak warga Palestina untuk menentukan nasib bangsanya sendiri harus dihormati. Pendudukan Israel, yang telah berlangsung lebih dari 70 tahun, tidak akan menghapus hak Palestina untuk meraih kemerdekaan.”)

Ahli hukum Indonesia pun menambahkan bahwa pengajuan kasus baru ini akan menghadapi permasalahan yang berbeda dengan tuntutan yang diajukan oleh tim pengacara Afrika Selatan pada 11 Januari 2024 lalu.

Pengajuan kasus yang diangkat oleh pihak Indonesia akan menekankan pada tindakan ilegal Israel yang telah menduduki Palestina selama lebih dari 70 tahun, sementara Afrika Selatan menuntut tindakan Israel sebagai genosida.

Melalui akun twitternya, Retno Marsudi (@Menlu_RI) menjelaskan peran Indonesia yang akan menyajikan advisory opinion atau penyampaian pendapat dari para pakar hukum dengan memberikan 2 pernyataan.

Yang pertama, pernyataan tertulis telah disampaikan kepada pihak ICJ pada Juli 2023 serta pernyataan lisan akan dilaksanakan pada 19 Februari 2024 mendatang.

Pihak Indonesia berharap bahwa penyampaian pendapat ini akan dapat membantu pihak ICJ untuk mempertimbangkan keputusan terbaik yang akan mempengaruhi tindakan Majelis Umum PBB ke depannya.

Sikap Indonesia yang tegas mengangkat isu pendudukan ilegal Israel di tanah Palestina juga diharapkan dapat memberikan tekanan yang lebih besar kepada Israel dan pihak barat yang terus mendukung penjajahan di wilayah Gaza.*** - Wanodia, 19/1/2024

Indonesia to show Israel’s ‘blatant’ violations of international law at World Court

Indonesian Foreign Minister Retno Marsudi delivers her opening speech before a discussion with international law experts in Jakarta. (Supplied)

https://arab.news/mjazq Updated 16 January 2024

Sheany Yasuko Lai

January 16, 2024 14:56

• ICJ to hear views on legal consequences of Israeli occupation of Palestine on Feb. 19
• Jakarta also supports South Africa’s genocide case against Israel, FM Retno Marsudi says

JAKARTA: Indonesia is preparing legal arguments for an International Court of Justice hearing to challenge Israel’s occupation of Palestine, Foreign Minister Retno Marsudi said on Tuesday.

The ICJ, which is also known as the World Court, will hold public hearings on Feb. 19 at The Hague, where parties are scheduled to give their views on the legal consequences of Israel’s occupation of the Palestinian territories.

The ICJ will eventually issue a non-binding advisory opinion for the UN General Assembly, which adopted a resolution for the request in December 2022, before the latest Israeli escalation that has killed over 24,000 Palestinians and displaced about 1.9 million.

“Indonesia supports the General Assembly’s effort in requesting an advisory opinion from the ICJ, because international law must be upheld,” Marsudi said ahead of a discussion with international law experts in Jakarta.

She said it was necessary to build a comprehensive legal opinion “to show the world Israel’s blatant violation of international law against Palestine.” She described as illegal Tel Aviv’s annexation of Palestinian territories, its settlements in the West Bank and decision to change the status of Jerusalem.

“Our deliberations today will not only support Indonesia’s diplomacy, but to support the enforcement of world order according to international law and to support our Palestinian brothers and sisters to achieve their independence.”

Indonesia is a staunch supporter of Palestine, with its people and government seeing Palestinian statehood as mandated by the nation’s constitution, which calls for the abolition of colonialism.

The February hearing at the ICJ is separate from the case South Africa launched late last year, which accuses Israel of engaging in “genocidal acts” in Gaza.

Jakarta has not joined the recent case at The Hague as Indonesia is not party to the Genocide Convention.

“Even though we are not party to the Genocide Convention, Indonesia has expressed its support for South Africa to report Israel’s violations of the Genocide Convention to the ICJ,”  Marsudi said.

“The main point of all Indonesia’s efforts is to look for all possible ways to continue supporting the Palestinian struggle.” - Arab News, 16/1/2024

Indonesia files lawsuit against Israel at ICJ

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January 20, 2024 at 10:33 am

A person waves a Palestinian flag outside the U.S. Embassy in support of Palestinians in Jakarta, Indonesia on January 15, 2024. [Garry Andrew Lotulung – Anadolu Agency]

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Israel’s Maariv newspaper reported that Indonesia has filed a new lawsuit against the Israeli occupation at the International Court of Justice (ICJ) in The Hague.

In doing so, Indonesia joins South Africa, which filed the first lawsuit against Israel for committing genocide against Palestinians in Gaza.

The Indonesian Foreign Ministry had previously assembled a team of experts to help draft Indonesia’s ICJ case to hold Israel accountable for its “policies and practices” in the occupied Palestinian territories.

According to the local Jakarta Post website, Foreign Minister Retno Marsudi said that the case will help support global order based on international law, as well as support the Palestinians.

Marsudi’s statement was made ahead of a meeting of dozens of international law experts and academics in the capital, Jakarta.

Last week, the ICJ held two public hearings as part of the start of looking into the lawsuit filed by South Africa against Israel on charges of committing crimes of genocide against the Palestinians in the Gaza Strip.

On 29 December, South Africa filed a lawsuit before the ICJ, accusing Israel of committing crimes amounting to genocide in the Gaza Strip, which has been subjected to a fierce war for more than three months.

For his part, Israeli Prime Minister Benjamin Netanyahu asserted, “Nobody will stop us — not The Hague, not the [Iranian-led] axis of evil and not anybody else.”

Netanyahu announced in a press conference: “We will continue the war in the Gaza Strip until we achieve all our objectives. The Hague and the axis of evil will not stop us,” but did not clarify what he meant by “the axis of evil”. - Middle East Monitor, 20/1/2024

 

Did HAMAS attack Israel? NOPE it was some 'Palestinian armed groups in Gaza' says UN...

Did HAMAS attack Israel that started the current conflict in Gaza and West Bank(plus Jerusalem) that has seen the killing of so many? 

It is true that after Hamas won the last Parliamentary elections, Gaza has been governed by Hamas... I have not seen anywhere where the Hamas government of Gaza has admitted to the acts of aggression on Israel... although many media and nation States like the US and Israel blame Hamas...

In the UN website, it is stated that the it was 'Palestinian armed groups in Gaza' - it did not say that it was the Hamas political party or the HAMAS government of Gaza that initiated the 'attack'..

On 7 October 2023, Palestinian armed groups in Gaza launched thousands of rockets toward Israel and breached through the perimeter fence of Gaza at multiple locations, entering into Israeli towns and killing and capturing Israeli forces and civilians. The Israeli military declared “a state of war alert,” and began striking targets in the Gaza Strip, including residential buildings and health care facilities. Since then, thousands of people have been killed and more than one million have been displaced, as parts of Gaza have been reduced to rubble. =https://www.un.org/en/situation-in-occupied-palestine-and-israel

Despite this fact, that is the reason why many UN member States do not want to lay unconfirmed blame on HAMAS - something which the US have been insisting to be included in the UN Security Council Resolution.

The Palestinian armed groups ought to be reprimanded and taken to task for the killing, kidnapping and damage of property... but NOT the Hamas political party and Hamas, the current government of GAZA.

Presumption of innocence until proven guilty in court --- 

If it was some armed group that started it, the retaliation of the ISRAEL government against the Palestinian people in Gaza and elsewhere is not justified, and in itself is a CRIME.

Was the said 'Palestinian armed groups' agent provocateurs that acted at the request of Israel and/or its allies, to justify the attack on Gaza - that to date resulted in more than 20,000 deaths? Were they part of HAMAS or acting on the orders of the HAMAS government of Gaza or Hamas, the political movement?

We do not know yet - and that is why a FAIR TRIAL is needed, and NOT Extrajudicial Killing. Has any one who was involved in the bombing and kidnapping been arrested and charged in court yet?

The TRUTH must be revealed - and the TRUTH is not equal to what Israel and the US and/or UK believes in. The USE of the VETO power to delay(or prevent) the passing of the UN Security Council Resolution just because HAMAS is not blamed for the attack on Israel is so wrong.

Hence, the UN Security Council Resolution avoids making any conclusion laying blame on HAMAS for the start of the killing and destruction...

Security Council resolution 2720 (2023)

The Security Council,

Reaffirming the purposes and principles of the Charter of the United Nations,

Recalling all of its relevant resolutions, particularly resolution 2712 (2023), which, inter alia, demands that all parties comply with their obligations under international law, notably with regard to the protection of civilians, calls for urgent and extended humanitarian pauses and corridors throughout the Gaza Strip for a sufficient number of days to enable full, rapid, safe, and unhindered humanitarian access and to enable urgent rescue and recovery efforts, and calls for the immediate and unconditional release of all hostages, as well as ensuring immediate humanitarian access,

Reaffirming that all parties to conflicts must adhere to their obligations under international law, including international humanitarian law and international human rights law, as applicable,

Stressing that the Gaza Strip constitutes an integral part of the territory occupied in 1967, and reiterating the vision of the two-State solution, with the Gaza Strip as part of the Palestinian State,

Expressing deep concern at the dire and rapidly deteriorating humanitarian situation in the Gaza Strip and its grave impact on the civilian population, underlining the urgent need for full, rapid, safe, and unhindered humanitarian access into and throughout the entire Gaza Strip, and taking note of the concerning reports from the leadership of the United Nations and humanitarian organizations in this regard, reaffirming its strong concern for the disproportionate effect that the conflict is having on the lives and well-being of children, women, and other civilians in vulnerable situations, and stressing the humanitarian principles of humanity, impartiality, neutrality, and independence,

Stressing the obligation to respect and protect humanitarian relief and medical personnel,

Reaffirming its call for all parties to refrain from depriving the civilian population in the Gaza Strip of basic services and humanitarian assistance indispensable to their survival, consistent with international humanitarian law,

Commending the indispensable and ongoing efforts of the United Nations, its specialized agencies and all humanitarian and medical personnel in the Gaza Strip to alleviate the impact of the conflict on the people in the Gaza Strip, and expressing condolences for all civilians, including humanitarian and medical personnel, killed in the course of this conflict,

Welcoming the efforts of Egypt to facilitate the use of the Rafah Border crossing by United Nations humanitarian agencies and their implementing partners for the provision of humanitarian assistance for people in need throughout the Gaza Strip,

Taking note of the 15 December 2023 decision by the Government of Israel to open its crossing at Karem Abu Salem / Kerem Shalom for direct delivery of humanitarian assistance to Palestinian civilians in Gaza, which should ease congestion and help facilitate the provision of life-saving assistance to those who urgently need it, and emphasizing the need to continue working closely with all relevant parties to expand the delivery and distribution of humanitarian assistance, while confirming its humanitarian nature and ensuring that it reaches its civilian destination,

Encouraging engagement with relevant states in the implementation of this resolution,

Welcoming the implementation of a recent ‘humanitarian pause’ in the Gaza Strip, and expressing appreciation for the diplomatic efforts of Egypt, the State of Qatar, and other states in this regard, and also expressing grave concerns as to the impact the resumption of hostilities has had on civilians,

Recognizing that the civilian population in the Gaza Strip must have access to sufficient quantities of assistance that they need, including enough food, water, sanitation, electricity, telecommunications and medical services essential for their survival, and that the provision of humanitarian supplies in the Gaza Strip needs to be sufficient to alleviate the massive humanitarian needs of the Palestinian civilian population throughout the Gaza Strip, and recognizing the importance of resuming commercial imports of essential goods and services into the Gaza Strip,

Welcoming financial contributions and pledges by member states in support of the civilian population in Gaza, and taking note of the International Humanitarian Conference for the Civilian Population of Gaza held in Paris on 9 November 2023 and its follow-up meeting on 6 December 2023,

1. Reiterates its demand that all parties to the conflict comply with their obligations under international law, including international humanitarian law, including with regard to the conduct of hostilities and the protection of civilians and civilian objects, humanitarian access, and the protection of humanitarian personnel and their freedom of movement, and the duty, as applicable, of ensuring the food and medical supplies, among others, of the population, recalls that civilian and humanitarian facilities, including hospitals, medical facilities, schools, places of worship, and facilities of the UN, as well as humanitarian personnel, and medical personnel, and their means of transport, must be respected and protected, according to international humanitarian law, and affirms that nothing in this resolution absolves the parties of these obligations;

2. Reaffirms the obligations of the parties to the conflict under international humanitarian law regarding the provision of humanitarian assistance, demands that they allow, facilitate and enable the immediate, safe and unhindered delivery of humanitarian assistance at scale directly to the Palestinian civilian population throughout the Gaza Strip, and in this regard calls for urgent steps to immediately allow safe, unhindered, and expanded humanitarian access and to create the conditions for a sustainable cessation of hostilities;

3. Demands that the parties to the conflict allow and facilitate the use of all available routes to and throughout the entire Gaza Strip, including border crossings, including full and prompt implementation of the announced opening of the Karem Abu Salem / Kerem Shalom Border Crossing, for the provision of humanitarian assistance in order to ensure that humanitarian personnel and humanitarian assistance, including fuel, food, and medical supplies and emergency shelter assistance, reaches the civilian population in need throughout the Gaza Strip without diversion and through the most direct routes, as well as for material and equipment to repair and ensure the functioning of critical infrastructure and to provide essential services, without prejudice to the obligations of the parties to the conflict under international humanitarian law, and stresses the importance of respecting and protecting border crossings and maritime infrastructure used for the delivery of humanitarian assistance at scale;

4. Requests the Secretary-General, with the objective of expediting the delivery of humanitarian assistance to the civilian population in the Gaza Strip, to appoint a Senior Humanitarian and Reconstruction Coordinator with responsibility for facilitating, coordinating, monitoring, and verifying in Gaza, as appropriate, the humanitarian nature of all humanitarian relief consignments to Gaza provided through states which are not party to the conflict, and further requests that the Coordinator expeditiously establish a UN mechanism for accelerating the provision of humanitarian relief consignments to Gaza through states which are not party to the conflict, consulting all relevant parties, with the goal of expediting, streamlining, and accelerating the process of providing assistance while continuing to help ensure that aid reaches its civilian destination, and demands that the parties to the conflict cooperate with the Coordinator to fulfill their mandate without delay or obstruction;

5. Requests that the Coordinator be appointed expeditiously;

6. Determines that the Coordinator will have the necessary personnel and equipment in Gaza, under the authority of the United Nations, to perform these, and other functions as determined by the Security Council, and requests that the Coordinator report to the Security Council on its work, with an initial report within 20 days and thereafter every 90 days through 30 September 2024;

7. Demands the immediate and unconditional release of all hostages, as well as ensuring humanitarian access to address medical needs of all hostages;

8. Demands the provision of fuel to Gaza at levels that will meet requisite humanitarian needs;

9. Calls for all parties to adhere to international humanitarian law and in this regard deplores all attacks against civilians and civilian objects, as well as all violence and hostilities against civilians, and all acts of terrorism;

10. Reaffirms the obligations of all parties under international humanitarian law, including with regard to respecting and protecting civilians and taking constant care to spare civilian objects, including such objects critical to the delivery of essential services to the civilian population, and with regard to refraining from attacking, destroying, removing or rendering useless objects that are indispensable to the survival of the civilian population, as well as respecting and protecting humanitarian personnel and consignments used for humanitarian relief operations;

11. Reaffirms that civilian objects, including places of refuge, including within United Nations facilities and their surroundings, are protected under international humanitarian law, and rejects forced displacement of the civilian population, including children, in violation of international law, including international humanitarian law and international human rights law;

12. Reiterates its unwavering commitment to the vision of the two-State solution where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders, consistent with international law and relevant UN resolutions, and in this regard stresses the importance of unifying the Gaza Strip with the West Bank under the Palestinian Authority;

13. Demands that all parties to the conflict take all appropriate steps to ensure the safety and security of United Nations and associated personnel, those of its specialized agencies, and all other personnel engaged in humanitarian relief activities consistent with international humanitarian law, without prejudice to their freedom of movement and access, stresses the need not to hinder these efforts, and recalls that humanitarian relief personnel must be respected and protected;

14. Demands implementation of resolution 2712 (2023) in full, requests the Secretary-General to report to the Security Council in writing within five working days of the adoption of this resolution on the implementation of resolution 2712 (2023), and thereafter as necessary, and calls upon all parties concerned to make full use of the humanitarian notification and deconfliction mechanisms in place to protect all humanitarian sites, including UN facilities, and to help facilitate the movement of aid convoys, without prejudice to the obligations of the parties to uphold international humanitarian law;

15. Requests the Secretary-General to report on the implementation of this resolution in the regular reporting to the Council;

16. Decides to remain actively seized of the matter.

HENCE, we too must not blindly take the position that HAMAS is responsible for the start of the conflict in Gaza and/or Palestine.

Now, after the Parliamentary elections in Palestine,  Hamas decisively won the PLC election held on 25 January 2006. Qurei resigned, but at the request of President Abbas remained as interim prime minister until 19 February 2006. Ismail Haniyeh of Hamas was nominated Prime Minister on 16 February 2006 and the new government was formally presented to Abbas on 20 February and the government led by Haniyeh was sworn in on 29 March 2006....Meanwhile, Haniyeh and Hamas refused to accept the dismissal, and claimed to still be the legitimate government of the Palestinian Authority. The basis of the challenge was that under the Basic Law, the president may dismiss a sitting prime minister, but may not appoint a replacement without the approval of the PLC (which was controlled by Hamas), and that until a new prime minister is properly appointed, the outgoing prime minister heads a caretaker government. 

In brief, Gaza continued to be governed by HAMAS.

US preferred Fattah and the PLO, and even went on to declare Hamas as a 'terrorist organization' in the late 90s. Despite a free and fair elections, the victory of HAMAS was not recognized by the US... Some countries have followed the US lead, and designated HAMAS as a terrorist organization - but not all nation states have done so, including I believe, Malaysia.

LET US NOT CONCLUDE THAT THE RECENT CRISIS IN PALESTINE SIMPLY BECAUSE SOME COUNTRIES, AND SOME MEDIA HAVE UNJUSTLY CONCLUDED THAT IT WAS HAMAS THAT send rockets and attacked Israel first. Even the UN blames not HAMAS - but simply some Palestinian armed groups in Gaza. Hence the reluctance of UN member States to simply and unjustly blame HAMAS, the political party - the government of Gaza for the 7th October 'attack'...  

Malaysian media should also be careful in its reporting and not blame HAMAS without any basis...PREJUDICIAL reporting not based on proven facts. 

Often, we hear of this and that groups claiming responsibility for this and that attacks - where is that information coming from????

 

U.K. mission abstains from U.N. resolution over lack of condemnation of Hamas

Phil Helsel

The United Kingdom said it has abstained from a United Nations Security Council vote on a Gaza cease-fire because the resolution failed to condemn the terror group Hamas.

The United States vetoed the resolution, put forth by the United Arab Emirates, that called for a humanitarian cease-fire in Israel’s war against Hamas and its military campaign in Gaza.

“We are gravely concerned about the desperate situation in Gaza,” the U.K. mission said, adding that the civilian casualties and displacement can’t continue.

“But we cannot vote in favour of a resolution which does not condemn the atrocities Hamas committed against innocent Israeli civilians on the 7th of October,” the U.K. mission said in a statement.

“Calling for a ceasefire ignores the fact that Hamas has committed acts of terror and is still holding civilians hostage,” it continued.

The U.K. mission to the U.N. also said that Israel has a right to address the threat posed by Hamas but must do so in accordance with international humanitarian law. The U.K. had also expressed support for an eventual two-state solution. - https://www.nbcnews.com/news/world/live-blog/israel-hamas-war-live-updates-rcna128682