Memorandum requesting the Government of Malaysia to take action within the United Nations against Israel
The Government of Malaysia is respectfully requested to take measures towards expelling Israel from the United Nations (UN), or towards at least suspending Israel from the organization, due to that country’s continuous and overt violations of its legal obligations under the UN Charter. Israel can no longer be considered a “peace-loving state” that “[accepts] the obligations” in the UN Charter (UN Charter Article 4). In particular:
1. Israel is a serial violator of UN Security Council (UNSC) resolutions, in particular regarding Palestine. Despite academic arguments to the contrary, UNSC resolutions are binding on all member states, as found by the International Court of Justice (ICJ) in the Namibia case. Israel’s refusal to abide by the resolutions of the UNSC is a direct violation of its obligations as a UN member state, as stated in Article 25 of the UN Charter, which states that member states must “accept and carry out” the decisions of the UNSC.
2. In January 2024, Israel was found by the International Court of Justice (ICJ) to be plausibly committing genocide in Gaza. The ICJ ordered Israel to, inter alia, refrain from military operations that could potentially violate the Convention on the Prevention and Punishment of the Crime of Genocide, to halt the incitement of genocide within Israel, and to ensure adequate humanitarian aid for civilians in Gaza. The orders of the ICJ are legally binding; however, Israel has openly refused to comply with them and has continued its genocidal military offensive, even using starvation as a weapon of war.
3. Israel has continued its unlawful colonization of Palestinian territory, expanding its colonial settlement of the West Bank (including East Jerusalem). In September 2024, the ICJ issued an Advisory Opinion stating that Israel’s policies and practices are aimed at annexation of Palestinian territory, i.e. the acquisition of territory by force. Israel has openly flouted the views of the ICJ, as it has flouted all previous international resolutions on this matter, and has continued its colonization.
4. Israel’s practices and policies have been found by the ICJ, the UNGA, and numerous prominent international human rights organizations to violate the prohibition of apartheid and racial segregation, as stipulated in international treaties such as the Rome Statute of the International Criminal Court and the International Convention on the Elimination of All Forms of Racial Discrimination.
5. Israel has attacked facilities of the United Nations Relief and Works Agency (UNRWA – the humanitarian agency providing assistance to Palestinian refugees), already killing over 220 of its staff since October 2023. For years, Israel has levelled unsubstantiated claims against UNRWA that it supports terrorism and has openly stated its desire to shut the agency down. A bill currently being debated in the Israeli parliament would designate UNRWA a terrorist organization, and expel it from all territories controlled by Israel. In recent days, Israel has also attacked UN Peacekeeping forces in Lebanon.
6. Besides frequently lambasting the UN as a whole as biased against Israel and even “antisemitic”, Israel routinely refuses to cooperate with Special Rapporteurs, fact-finding missions, and other investigations of the UN Human Rights Council. For at least two years, international staff of the Office of the UN High Commissioner for Human Rights have not been able to obtain visas from the Israeli authorities, forcing them to work remotely from Jordan.
The UN upholds international law and cannot allow a rogue state to flout its international obligations with impunity. In addition, the UN must maintain its integrity as an organization. It cannot allow a situation to continue whereby member states are allowed to openly flout organizational rules and defy the organization’s will.
Expulsion of Israel from the UN
Article 6 of the UN Charter states that a member state that “has persistently violated the Principles contained in the present Charter may be expelled … by the General Assembly upon the recommendation of the Security Council”. There is no explicit text in Article 6 limiting its application to violations of Article 25. It is arguable that Israel’s long-standing violations of the principles of the UN, in particular the “principle of equal rights and self-determination” (Charter Article 1.2) of the Palestinian people, already provide ample grounds for expulsion under Article 6. Nevertheless, Article 25 provides clearer reasoning for why Israel must be held responsible for violating its Charter obligations. As noted above, Article 25 of the Charter states that member states must “accept and carry out” the decisions of the Security Council, a clear obligation that Israel has persistently failed to fulfiil.
No state has ever been expelled from the UN. However, it is submitted that the violations that continue to be perpetrated by Israel, as well as the open and utter contempt in which Israel holds the UN, are without precedent.
In Resolution ES-10/24, adopted on 18 September 2024, the UNGA stated clearly that it “Strongly deplore[d] the continued and total disregard and breaches by the Government of Israel of its obligations under the Charter of the United Nations, international law and the relevant United Nations resolutions, and stresse[d] that such breaches seriously threaten regional and international peace and security” (emphasis added). It is particularly notable that the UNGA found Israel’s disregard of its international obligations as a threat to international peace and security. The next step should be for the UNSC to examine whether Israel should be entitled to maintain its status as a UN member state.
Suspension of Israel from the UN General Assembly (UNGA)
As noted above, expulsion of a member state under Article 6 of the UN Charter requires a recommendation from the UNSC. Given the unwavering support for Israel from at least one permanent member state of the UNSC, it is likely that any action to that effect would be vetoed. However, there is precedent for the UNGA to act on its own accord, in the face of inaction on the part of the UNSC.
In the UNSC in 1974, a draft resolution was submitted aiming at expelling South Africa from the UN. This was based on South Africa’s persistent refusal to comply with UNSC resolutions (mainly on the continuing occupation of Namibia), on the country’s general defiance of the UN (a UNSC resolution 269, adopted in 1969, had already “condemn[ed] the Government of South Africa for its refusal to comply with [the UNSC] and for its persistence defiance of the authority of the United Nations”), and its continuing maintenance of apartheid. However, expulsion of South Africa was vetoed by the United States, the United Kingdom, and France.
Shortly thereafter, the UNGA decided to take action. The Credentials Committee of the UNGA had, already since 1970, refused to accept the credentials of the South African delegation; however, the UNGA President in 1970 (Norway) allowed South Africa to continue participating in the work of the body. In 1974, however, subsequent to the UNSC’s failure to take action, the President of the UNGA (Algeria) decided that the repeated refusal of the Credentials Committee to accept the South African delegation amounted to a refusal to allow South Africa to participate in the UNGA indefinitely. South Africa was therefore unable to participate in the work of the UN, until its credentials were once again recognized subsequent to the dismantling of apartheid in the 1990s.
The decision of the President was ratified overwhelmingly by the UNGA, with 91 states voting in favour, 22 against, and 19 abstentions. Given the overwhelming support within the UNGA for Palestinian rights (Resolution ES-10/24 was adopted with 124 states in favor, 14 against, and 43 abstentions), it is expected that any such action taken against Israel would receive similar support.
As a longstanding strong supporter of Palestinian rights, a geopolitically important country, and one of the leaders of the Muslim world, the Government of Malaysia is respectfully requested to take action, in concert with likeminded states (including the states that co-sponsored Resolution ES-10/24 together with Malaysia), against Israel within the UN framework.
17 October 2024
Supporters of the memorandum (NGOs):
1. BDS Malaysia
2. MAPIM
3. Persatuan Mantan Professor Universiti Malaya
4. CENTHRA
5. Persatuan Ulamak Malaysia
6. Persatuan Mawaddah Malaysia
7. HALUAN
8. Cakna Palestin
9. RumahNgaji NS (RNNS)
10. Wanita PERKIM Seremban (WPS) NS
11. PKQ Malaysia
12. SEJAGAT
13. ABIM
14. Palestine Centre of Excellence (PACE)
15. Malaysian Women’s Coalition for Al-Quds and Palestine (MWCQP)
16. Fulbrighters for Justice in Palestine, Malaysian Chapter
17. Citizens International
18. IKRAM
19. JUST
20. Malaysian Cheveners for Palestine (MC4P)
21. Palestine Solidarity Penang
22. Persatuan Kakitangan Akademi Universiti Malaya
23. ALIRAN
24. IKRAM Muda
25. Badan Kebajikan Al-Nur ( Al-Nur)
26. Muslim Care Malaysia
27. Muslim Volunteer Malaysia
28. ACCIN
29. Pertubuhan Agenda Wanita Malaysia (AGENDA)
30. Yayasan Amal Malaysia
31. KDMRS Muslim
32. Pergerakan Tenaga Akademik Malaysia (GERAK)
33. G25
34. Movement for Monetary Justice – Malaysia (MMJ)
35. Gabungan Solidariti Pembebasan Palestin (GSPP)
36. Yayasan Isra’ Malaysia (ISRA’)
List of Supporters among Members of the Malaysian Parliament
1. Syed Ibrahim Syed Noh – Ledang
2. Muhammad Bakhtiar Wan Chik – Balik Pulau
3. Mohammed Taufiq Johari – Sungai Petani
4. Onn Abu Bakar – Batu Pahat
5. Hj Aminolhuda Hj Hassan – Sri Gading
6. Suhaizan Kayat – Pulai
7. Ahmad Tarmizi Bin Sulaiman – Sik
8. Syahredzan Johan – Bangi