On March 2011 the Malaysian Cabinet formally announced that Malaysia was acceding to the Rome Statute of the International Criminal Court.
This decision came about after the Malaysian Parliament hosted the Asia Parliamentry Conference in the Malaysian Parliament organised by Parliamentarian For Global Action. (PGA). I am currently the secretary of PGA Malaysia.
The then De facto Minister of law DS Nazri who is the Chairman of the PGA- Malaysian Chapter personally called me and assured me that now the AG is preparing the acession documents to be deposited with the UN for eventual membership with the ICC.
The International Crime Court came into being after it was adopted via a diplomatic conference in Rome on the 17th July 1998 and came into force on 1 st July 2002. So far 124 countries have become members of ICC. The ICC has jurisdiction over international core crimes known as crimes against humanity, genocide, war crimes and the crime of aggression.
Two days ago the Deputy Minister of Foreign Affairs spoke to me and confirmed that the AG is processing the papers for accession.
Last night the Deputy Minister in the PM Department and MP of Muar replied to me whilst winding up the matters on rectification of ICC and the Arms Trade Treaty.
He said the AG’s Chambers is still looking through the Rome Statue in detail and are concerned of certain matters which may affect the sovereignty of Malaysia.
Today YB Thomas Su asked a similar question and the Deputy Minister in PM department Senator Devamany gave the same reply.
I subsequently replied that the Cabinet is the lawful authority to approve or otherwise on international treaties and have adopted and agreed to ICC’s accession in 2011, hence no one including the AG can now question the decision made by the Cabinet.
I further suggested that the AGC’s should meet the PGA Malaysian chapter MPs and resolve this outstanding matter.
The importance of accession to ICC can be seen in two instances;
- When MH 17 was shot down we could have got assistance from the ICC to prosecute the wrong doers which we knowingly missed a golden opportunity to do so.
- When Malaysia adopted resolutions to condemn the gaza flotilla raid in 2010. Further Malaysia also passed a resolution asking Turkey’s assistance to refer Israel to the ICC.
It’s thus incumbent on the AG to follow through the accession process without delaying it any further.
Malaysian Parliament in 2013 had an emergency sitting to pass resolutions over the deaths of the Gaza flotilla raid.
This delay is another one of the many instances where Government servants or what’s called the “little napoleons” questioning the policy decision of Ministers and in particular the Malaysian cabinet.
I will call for the PGA Malaysian Chapter to meet up soon in Parliament and find a way to speed up the accession process.