China Believes in Justice for Palestine

26-02-2024

Dara Masita

South East and Asia Team Researcher,

Global Human Rights Defence.

The international community has their eyes glued on the developments of the South Africa v. Israel case in the International Court of Justice in The Hague. South Africa brought the case against Israel for the alleged violations of the Genocide Convention taking place in Gaza. 

Several states have come forward to show support for either of the parties. Recently, China has presented their stance on the case. On February 22nd, 2024, Ma Xinmin – the Chinese Foreign Ministry’s Legal Adviser – told the Court, “Justice has been long delayed, but it must not be denied.” He proceeded to call out the unlawful occupation of Palestine and responded to the US argument of protesting for Israel to withdraw from occupied territory without security guarantees unconditionally. 

Other Chinese officials such as China’s Ambassador to the UN, Zhang Jun, confirmed that Palestine’s use of armed struggle for independence is well-founded in international law and should not be considered a terror act. The right to self-determination is considered customary international law and has an erga omnes nature. This means that all states should respect the act of self-determination. Furthermore, there has been no universally agreed legal definition concerning “terrorism”. Whether to include certain acts committed in the fight for self-determination was debated under the Draft Comprehensive Convention on International Terrorism. Nevertheless, the drafters have yet to meet a consensus, which makes the current definition of terrorism unclear.

While China supports Palestine, China still maintains diplomacy and commercial relations with Israel. This is reflective of China’s Middle East policy as it is based on the Belt-and-Road Initiative (BRI), financial investments, and securing these financial investments through diplomacy. Generally, China truly believes that a two-state solution is the way to end the everlasting conflict.

Overall, the South Africa v. Israel case highlights how the international community reacts to injustice while noting each state's priorities and beliefs. It is an interesting observation of diplomacy and international relations.

Sources and further reading:

‘China tells ICJ justice ‘must not be denied’ to Palestinians’ (Al-Jazeera, 22 February 2024) <https://www.aljazeera.com/news/2024/2/22/china-tells-icj-justice-must-not-be-denied-to-palestinians> accessed 29 February 2024.

‘Palestinians' use of force to resist foreign oppression 'well founded' in international law: China’ (MEMO, 22 February 2024) <https://www.middleeastmonitor.com/20240222-palestinians-use-of-force-to-resist-foreign-oppression-well-founded-in-international-law-china/> accessed 29 February 2024.

Sercan Çalışkan, ‘Understanding China’s Position on the Israel-Palestine Conflict’ (The Diplomat, 22 February 2024) <https://thediplomat.com/2023/12/understanding-chinas-position-on-the-israel-palestine-conflict/#:~:text=China%2C%20which%20supports%20Palestine%20internationally,scale%20back%20engagement%20with%20China.> accessed 29 February 2024.