Kingdom of the Nederlands’ explanation of the vote on the UN Resolution on the Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory

Diplomatic statement | 18-09-2024

Mr./Ms. President,

I thank you for convening today’s session(/ESS) and I have the honour to deliver this explanation of vote on the resolution on the Advisory opinion of the International Court of Justice on the legal consequences arising from Israel’s policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel’s continued presence in the Occupied Palestinian Territory, on behalf of the Kingdom of the Netherlands.

Mr. / Mrs. President,

We thank the International Court of Justice for its valuable advisory opinion which formed the basis of today’s resolution. The NL holds the ICJ in the highest esteem as the principal judicial organ of the United Nations and we are proud to host this institution.  This resolution is an important reflection of this advisory opinion and possible future steps. The implications of the advisory opinion for the Dutch policy are currently under consideration in our government.

The Netherlands has abstained on the resolution in front of us today. We have done so taking into account the following considerations:

1. Although not formally part of the advisory opinion, the resolution takes the period after 7 October into account, without referencing the heinous attack of Hamas on Israel with great implications for Israel’s security. While the war that unfolded afterwards is still ongoing, and the fate of many of the hostages is still uncertain, we all see the catastrophic  humanitarian situation and an enormous loss of human live in Gaza that needs to be addressed immediately, including through an immediate ceasefire.

2. In this context, a negotiated and sustainable two-state solution is now needed more than ever. Unilateral calls for an internationally imposed solution or for a time-specific withdrawal are not helpful. Nor are unilateral actions like expansion of settlements on the ground that bring the two-state solution further out of sight and are not in line with international law. We therefore urge both parties to engage in talks that lead to a sustainable situation where the Israeli and the Palestinian people, as well as the wider region, can live in peace and security. We reaffirm our commitment to the realization of the right of the Palestinian people to self-determination, including its right to an independent, democratic, contiguous, sovereign, and viable State, living side by side in peace and security with Israel.

3. The KNL has reservations regarding OP 5B of the resolution, and would like to add the following additional clarification to its vote. Considering the current situation in the region, Israel’s security concerns remain legitimate. While it remains of utmost importance that Israel retains its right and ability to defend itself, we stress that this must be exercised in accordance with the UN Charter and other areas of international law, including international humanitarian law. In that light, the NL wishes to point out that the transfer of arms, munitions and related equipment to all parties involved in the conflict should be prevented when it is concluded that these transfers are contrary to international export control norms and standards.  

Mr. President to conclude we thank the ICJ for its valuable advisory opinion. The NL will continue to work with all partners towards a sustainable and peaceful solution.

Mr. / Mrs. President,

I thank you.