Morocco Stresses before ICJ Commitment of HM the King, Chairman of Al-Quds Committee, in Support of Palestinian CauseArms exports to Israel must stop immediately – UN experts

Morocco highlighted the commitment of HM King Mohammed VI, Chairperson of the Al-Quds Committee, in support of the Palestinian cause during the hearings at the International Court of Justice (ICJ), as part of the case requesting an advisory opinion on the legal consequences arising from Israel's policies and practices in the occupied Palestinian territory, including East Jerusalem. The Kingdom, represented by the ambassador of HM the King in The Hague, Mohamed Basri, participated in these ICJ hearings taking place from February 19 to 29. In this context, the Moroccan ambassador attended in support of the oral presentation of Palestine, which took place on February 19, alongside the Palestinian delegation, led by Riyad Al Maliki, Palestinian Minister of Foreign Affairs and Expatriates. Morocco's presence at the oral pleadings in this case is part of the Kingdom's ongoing active commitment to this issue. In the same case, Morocco submitted a written plea to the ICJ, duly taken into account by the Court. In this plea, the Kingdom of Morocco, whose Sovereign is the Chairperson of the Al-Quds Committee of the Organization of Islamic Cooperation (OIC), reaffirmed its determination to "work through all legal means at its disposal to protect the legal, historical, political, and spiritual status of the Holy City and preserve its unique vocation as a city of peace and meeting for the faithful of all monotheistic religions." Furthermore, the Kingdom reiterated "its active commitment to respect international law and promote peace in the Middle East, which involves implementing a just, comprehensive, and lasting solution based on the principle of two states: an independent Palestinian state based on the borders of June 4, 1967, with East Al-Quds/Jerusalem as its capital, living side by side with the State of Israel, in peace and security, in accordance with international legality, United Nations resolutions, and in line with the Arab Peace Initiative." Morocco's plea relied on the principles established in the Appeal o f Al-Quds/Jerusalem, signed on March 30, 2019, between HM King Mohammed VI, Commander of the Faithful, and Pope Francis. This significant document emphasizes, among other things, the importance of preserving the Holy City of Jerusalem/Al-Quds Asharif as a common heritage of humanity and, above all, for the faithful of the three monotheistic religions, as a place of peaceful coexistence and a symbol of mutual respect and dialogue. Additionally, Morocco's plea recalled the "international community's consensus on the legal status of Israeli settlements in certain parts of the occupied Palestinian territory - including East Al-Quds/Jerusalem," emphasizing that they "constitute an obstacle to peace and threaten to make a two-state solution impossible: an independent and viable Palestinian state within the 1967 borders, living side by side with the State of Israel, in peace and security." "The resolution of the Israeli-Palestinian conflict through dialogue and negotiation, in accordance with the UN negotiation fr amework, and notably Security Council Resolutions 242 and 338, remains the cornerstone for lasting peace and stability in the Middle East," emphasizes Morocco's plea. "This objective shapes the action of the Kingdom of Morocco both bilaterally and multilaterally within the United Nations - in the General Assembly and its six main committees, and regional groupings representing the League of Arab States and the Organization of Islamic Cooperation - within which His Majesty King Mohammed VI chairs the Al-Quds Committee." Finally, Morocco recalled, in its plea, the message from His Majesty the King on the occasion of the celebration in November 2022 of the International Day of Solidarity with the Palestinian People, in which the Sovereign affirmed: "The current deadlock in the political process between the Palestinian and Israeli sides does not promote the peace we are yearning for in the region. Nevertheless, I encourage the positive signs and commendable initiatives undertaken to rebuild confidence and launc h meaningful negotiations that help achieve a just, comprehensive and lasting solution to the Palestinian issue, in accordance with international legitimacy resolutions, and the two-State solution, which is a realistic option." Source: Agency Morocaine De Presse GENEVA: Any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately, UN experts warned today. 'All States must 'ensure respect' for international humanitarian law by parties to an armed conflict, as required by 1949 Geneva Conventions and customary international law,' the experts said. 'States must accordingly refrain from transferring any weapon or ammunition - or parts for them - if it is expected, given the facts or past patterns of behavior, that they would be used to violate international law.' 'Such transfers are prohibited even if the exporting State does not intend the arms to be used in violation of the law - or does not know with certainty that they would be used in such a way - as long as there is a clear risk,' they said. The experts welcomed the decision of a Dutch appeals court on 12 February 2024 ordering the Netherlands to halt the export of F-35 fighter jet parts to Israel. The experts noted tha t States Parties to the Arms Trade Treaty have additional treaty obligations to deny arms exports if they 'know' that the arms 'would' be used to commit international crimes; or if there is an 'overriding risk' that the arms transferred 'could' be used to commit serious violations of international humanitarian law. 'European Union member states are further bound by EU arms export control law.' 'The need for an arms embargo on Israel is heightened by the International Court of Justice's ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then', the experts said. 'The Genocide Convention of 1948 requires States parties to employ all means reasonably available to them to prevent genocide in another state as far as possible.' 'This necessitates halting arms exports in the present circumstances', the experts said. 'State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, cri mes against humanity or acts of genocide,' the experts said. 'All States under the principle of universal jurisdiction, and the International Criminal Court, may be able to investigate and prosecute such crimes.' 'International law does not enforce itself,' the experts said. 'All States must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza.' Source: Palestine news & Information Agency – WAFA