Speaking recently in Malaysia International Criminal Court president Silvia Fernandez de Gurmendi suggested that the murder of North Korean Kim Jong-nam could be referred to the International Criminal Court (ICC).She made the suggestion despite the fact that Malaysia is not a signatory to the Rome Statute of the International Criminal Court, but noted however that it was still possible for the United Nations Security Council to refer the case to the ICC even if Malaysia was not a signatory to the treaty.
Meanwhile,in Australia, the matter of Sirul Azhar drags on,with the Australian Government still clueless as to what to do with a man who can look forward to spending the rest of his life at the Villawood Detention Centre.Australia needs to do something, for it cannot keep Sirul detained indefinitely. On the other hand,freeing him into the local community is not an option. Could that something be a referral to International Criminal Court in Rome?
While the murder Sirul Azhar has been convicted to hang for was committed in Malaysia, Malaysia is not a signatory to tthe Rome Statute of the International Criminal Court., but Australia is.
Sirul is now in Australian custody and he is claiming that he is innocent of the charge. Australia will not return him to Malaysia because of popular objection to the death penalty,so Australia has effectively taken complete responsibility for him. Re-trying Sirul in Australia is not practical ,but however the ICC may have the physical and legal resources to do so. ICC intervention,based on a referral from Australia, may be the only practical way of resolving the impasse.
The ICC investigates crimes against humanity and while it does not usually investigate and hear matters involving the murder of individuals, the matter of Sirul does raise questions of whether there is in existence in Malaysia a systematic attempt to eliminate those considered a threat to the current leadership.
This suspicion arises from the fact that Sirul continues to imply in his defence that he carried out the execution of the Mongolian subject to so some standing order.In fact, his conviction was distinguished by the fact that the Malaysian courts which convicted him insisted that in his case, motive for the murder was irrelevant.
END
References
IV. How does the ICC operate?A. Referrals, analyses and investigations
Any State Party to the Rome Statute can request the Office of the Prosecutor to carry out an investigation. A State not party to the Statute can also accept the jurisdiction of the ICC with respect to crimes committed in its territory or by one of its nationals, and request the Office of the Prosecutor to carry out an investigation. The United Nations Security Council may also refer a situation to the Court.
References
IV. How does the ICC operate?A. Referrals, analyses and investigations
Any State Party to the Rome Statute can request the Office of the Prosecutor to carry out an investigation. A State not party to the Statute can also accept the jurisdiction of the ICC with respect to crimes committed in its territory or by one of its nationals, and request the Office of the Prosecutor to carry out an investigation. The United Nations Security Council may also refer a situation to the Court.
by Ganesh Sahathevan
Evidence is emerging that someone in Taipei, Taiwan, has been informed of this writer’s queries concerning the matter of Sirul.The emergence of this evidence coincides with Sarawak Report’s revelation that Low Taek Jho, aka Jho Low, has sought
refuge in Taiwan. Given that Jho Low has been “tied to the 1 MDB inquiry” a link between 1 MDB and and the matter of Sirul Azhar Umar may soon become apparent.
refuge in Taiwan. Given that Jho Low has been “tied to the 1 MDB inquiry” a link between 1 MDB and and the matter of Sirul Azhar Umar may soon become apparent.
While in detention Sirul’s ability to receive any significant amount of cash is non-existent.It is highly unlikely that he even has a bank account in Australia.The same can be said for his teenage son who remains in Australia. Even if released any receipt of funds on their part will be very closely scrutinized.
Consequently all this money or promise of money swirling around Sirul is indicative only of a presumed right to keep him silent.For so long as he remains in detention others can lay claim to that right,and trade it with anyone who is willing to pay. It appears that Jho Low created the market but it is unclear if he still has the finances to keep that market liquid. With accounts being frozen in Singapore and Malaysia it is likely that the market has dried up.Nevertheless, some may be living in hope.
Consequently all this money or promise of money swirling around Sirul is indicative only of a presumed right to keep him silent.For so long as he remains in detention others can lay claim to that right,and trade it with anyone who is willing to pay. It appears that Jho Low created the market but it is unclear if he still has the finances to keep that market liquid. With accounts being frozen in Singapore and Malaysia it is likely that the market has dried up.Nevertheless, some may be living in hope.
While Sirul Azhar Umar remains unrepresented those who have laid claim over him, or who have been reported to be his legal advisors have refused to say who pays or has promised to pay for their services.
Nevertheless whatever is or was on offer to guide Sirul through his troubles must be significant, for how else does one explain this fiercely possessive reaction from Christopher Levingston, an immigration lawyer who was asked to clarify his position vis a vis Sirul:
You have no standing nor do you have any legitimate interest in this matter.
Your attempts to interpose yourself and your strategy of “divide and rule” is not only unprofessional but also unethical.
– http://realpolitikasia.blogspot.my
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