Note: This translation has been prepared by the Registry for internal purposes and has no official
character
18836
INTERNATIONAL COURT OF JUSTICE
LEGAL CONSEQUENCES ARISING FROM THE POLICIES
AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY,
INCLUDING EAST JERUSALEM
(REQUEST FOR AN ADVISORY OPINION)
WRITTEN STATEMENT OF THE KINGDOM OF MOROCCO
25 July 2023
[Translation provided by the Kingdom of Morocco and revised by the Registry]
1
Unofficial translation
INTERNATIONAL COURT OF JUSTICE
WRITTEN STATEMENT OF THE KINGDOM OF MOROCCO
ON THE REQUEST FOR AN ADVISORY
OPINION ARISING FROM UNITED
NATIONS GENERAL ASSEMBLY
RESOLUTION A/RES/77/247 OF
30 DECEMBER 2022
– July 2023 –
By its resolution A/RES/77/247 of 30 December 2022, the
General Assembly of the United Nations requested the International
Court of Justice (hereinafter “the Court”) to give an Advisory
Opinion on the questions set out in its paragraph 18 (a) and (b). In
its Order of 3 February 2023, the Court decided that “the United
Nations and its Member States … are considered[, in accordance
with Article 65, paragraph 2, of the Statute,] likely to be able to
furnish information on the questions submitted to the Court for an
advisory opinion”.
The Government of the Kingdom of Morocco submits to the
Court the present written observations in accordance with its sincere
interest in and active commitment to respect for international law
and the promotion of peace in the Middle East, which requires the
implementation of a just, comprehensive and lasting solution based
on the two-State principle: an independent Palestinian State on the
basis of the borders of 4 June 1967, with Al-Quds/East Jerusalem as
its capital, living side by side with the State of Israel, in peace and
security, in accordance with international law and United Nations
resolutions, and as an extension of the Arab Peace Initiative.
2
Since 1967, the United Nations General Assembly and Security
Council have taken a consistent position on the legal status of the
Gaza Strip and the West Bank, including Al-Quds/East Jerusalem1.
With regard to Al-Quds/East Jerusalem in particular, and in
addition to its singular spiritual, historical and political importance,
the Holy City enjoys a special status and protection under
international law. In a long series of resolutions since 1967, the
Security Council and the General Assembly have consistently
emphasised, monitored and protected the legal status of Al-
Quds/East Jerusalem under international law. The subject of
international consensus, this consistent position concerning the legal
status of Al-Qods/East Jerusalem was enshrined by the Court in its
2004 Advisory Opinion on the Legal Consequences of the Construction of
a Wall in the Occupied Palestinian Territory2.
The Kingdom of Morocco, whose Sovereign is Chairman of the
Al-Quds Committee of the Organisation of Islamic Cooperation
(OIC), is working by every legal means at its disposal to protect the
legal, historical, political and spiritual status of the Holy City, and to
preserve its unique vocation as a city of peace and a meeting place
for the followers of all monotheistic religions.
On 30 March 2019, His Majesty King Mohammed VI — Amir
Al Mouminine (Commander of the Faithful) — and His Holiness
Pope Francis, signed the “Al-Quds/Jerusalem Appeal”, in which
they jointly affirm:
“We consider it important to preserve the Holy City of
Jerusalem/Al-Quds Acharif as the common patrimony of
humanity and especially [for] the followers of the three
monotheistic religions, as a place of encounter and as a
1 See, in particular, Security Council resolution 242 of 22 Nov. 1967, operative para. 1 (a). See also
[General Assembly] resolutions 2253 (ES-V) of 4 July 1967; 2254 (ES-V) of 14 July 1967; 2443
(XXIII) of 19 Dec. 1968; 2546 (XXIV) of 11 Dec. 1969; 2727 (XXV) of 15 Dec. 1970; 2851 (XXVI)
of 20 Dec. 1971; 54/77, 54/78 and 54/79 of 6 Dec. 1999; ES-10/7 of 20 Oct. 2000; 55/50 of 1 Dec.
2000; 55/131, 55/132, 55/133 and 55/134 of 8 Dec. 2000; 56/36 of 3 Dec. 2001; 56/60, 56/61 and 56/62
of 10 Dec. 2001; ES-10/8 and ES-10/9 of 24 Dec. 2001; and ES-10/10 of 14 May 2002.
2 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004 (I).
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symbol of peaceful coexistence, where mutual respect and
dialogue can be cultivated.
To this end, the specific multi-religious character, the
spiritual dimension and the particular cultural identity of
Jerusalem/Al-Quds Acharif must be protected and
promoted.
It is our hope, therefore, that in the Holy City, full
freedom of access to the followers of the three
monotheistic religions and their right to worship will be
guaranteed, so that in Jerusalem/Al-Quds Acharif they
may raise their prayers to God, the Creator of all, for a
future of peace and fraternity on the earth.”
Furthermore, the General Assembly and the Security Council
have adopted numerous resolutions enshrining Palestine’s right to
respect for its territorial integrity. In particular, General Assembly
resolution 52/67 of 20 February 1998 stressed “the need to preserve
the territorial integrity of all of the occupied Palestinian territory and
to guarantee the freedom of movement of persons and goods within
the Palestinian territory, including the removal of restrictions on
movement into and from East Jerusalem”3. Similarly, resolution
A/RES/74/11 of 9 December 2019 emphasizes “the need for
respect for, and the preservation of, the territorial integrity and unity
of the Occupied Palestinian Territory, including East Jerusalem”.
Likewise, there is a clear consensus of the international
community on the legal status of the Israeli settlements in parts of
the Occupied Palestinian Territory — including Al-Quds/East
Jerusalem. They constitute an obstacle to peace and threaten to
render impossible a two-State solution: an independent and viable
Palestinian State within the 1967 borders, living side by side with the
State of Israel, in peace and security4.
3 General Assembly resolution 52/67 of 20 Feb. 1998, operative para. 3.
4 On the legal status of the settlements, see in particular General Assembly resolution A/RES/74/11 of
9 Dec. 2019; General Assembly resolution A/RES/77/126 of 15 Dec. 2022; Security Council resolution
446 of 22 Mar. 1979; Security Council resolution 465 of 1 Mar. 1980; Security Council resolution 2334
of 23 Dec. 2016; Security Council presidential statement S/PRST/2023/1 of 20 Feb. 2023.
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The settlement of the Israeli-Palestinian conflict through
dialogue and negotiation, in accordance with the United Nations
negotiating framework, and Security Council resolutions 242 and 338
in particular, remains the keystone for lasting peace and stability in
the Middle East. This vision underpins the action of the Kingdom of
Morocco both bilaterally, and multilaterally within the United
Nations — in the context of the work of the General Assembly and
its six Main Committees, and that of the regional groups representing
the League of Arab States and the Organisation of Islamic
Cooperation — within which His Majesty King Mohammed VI
holds the presidency of the Al-Quds Committee.
In his message addressed to the Chairman of the United
Nations Committee on the Exercise of the Inalienable Rights of the
Palestinian People, on the occasion of the celebration, in November
2022, of the International Day of Solidarity with the Palestinian
People, His Majesty King Mohammed VI stated:
“We stress once again that the deadlock in the political
process between Israelis and Palestinians does a disservice
to the peace that We wish to see prevail in the region. At
the same time, we encourage all positive signs and
praiseworthy initiatives likely to restore the climate of
confidence and encourage the start of responsible
negotiations, the outcome of which would be a just,
comprehensive and lasting settlement of the Palestinian
question, in accordance with the decisions of international
legality and on the basis of the realistic two-State
solution”.
For these reasons, the Kingdom of Morocco expresses the
hope that any Advisory Opinion that the Court may give will
promote a constructive peace dynamic, with a view to an applicable,
equitable and lasting solution, satisfying the legitimate right of the
Palestinian people to an independent, viable and sovereign State on
the basis of the borders of 4 June 1967, with Al-Quds/East
Jerusalem as its capital, living side by side with the State of Israel, in
peace and security and allowing the peoples of the region to live in
peace, security, stability and dignity.
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The Ambassador
Mohamed Basri
Written statement of Morocco