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Ma Xinmin, a legal advisor to China's Foreign Ministry said in his February 22, 2024 statement at the International Court of Justice (ICJ) in The Hague that Palestinians have an "inalienable right" to use force to resist foreign oppression. He said that Israel is responsible for the conflict with the Palestinians because of its occupation and oppression. He added that "in this context," armed struggle is distinguished from terrorism and that the Palestinian struggle is justified action to restore their legitimate rights.
Ma Xinimn is the legal advisor and director-general of the Department of Treaty and Law of the Chinese Foreign Ministry and former Chinese ambassador to Sudan. He spoke during the ICJ's sixth hearing on the "Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem." Video of the hearing was posted on the YouTube channel of the United Nations.
Ma Xinmin: "China has consistently supported the just cause of the Palestinian people in restoring their legitimate right.
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"The Palestinian-Israeli conflict stems from Israel's prolonged occupation of Palestinian territory and Israel's longstanding oppression of the Palestinian people. The Palestinian people fight against Israeli oppression and their struggle for completing the establishment of an independent state on the occupied territory are essentially just actions for restoring their legitimate rights. The right to self-determination served as the precise legal foundation for this struggle.
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"Self-determination only applies to two scenarios, namely, peoples under colonial domination or foreign occupation. Under no circumstances does the right to self-determination offer any basis for any part or group within a sovereign state to claim a so-called right to secession.
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"The Palestinian people enjoy the right to self-determination.
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"Our state is obliged to promote the realization of the right to self-determination and to refrain from any forceful action, which deprives people of that right. In pursuit of their right to self-determination, these people have the right to engage in struggles, seek and receive support on the basis of that right.
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"In pursuit of the right to self-determination, Palestinian people's use of force to resist foreign oppression and complete the establishment of an independent state is an inalienable right, well-founded in international law.
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"Numerous UN General Assembly resolutions recognize the legitimacy of struggle by all available means, including armed struggle, by peoples under colonial domination or foreign occupation, to realize the right to self-determination.
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"Armed struggle in this context is distinguished from acts of terrorism. It is grounded in international law. This distinction is acknowledged by several international conventions."
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