Zambry: Malaysia not party to Rome Statute, can't refer Netanhayu to ICC

 

PARLIAMENT | Malaysia cannot refer Israeli Prime Minister Benjamin Netanyahu to the International Criminal Court (ICC) over war crimes in Gaza as it is not part of the Rome Statute, said Foreign Affairs Minister Zambry Abdul Kadir.

Malaysia withdrew from the Rome Statute in 2019 during the Pakatan Harapan administration led by Dr Mahathir Mohamad.

“With regards to the issue of bringing Netanyahu (above) to the International Criminal Court, I would like to explain that it has already been brought to the ICC.

“For your information, the Rome Statute states that an international criminal case can only be referred to the ICC by three parties which are the member countries of the Rome Statute itself - of which Malaysia is not a member - the United Nations (UN), or at the initiative of the ICC prosecutor itself,” Zambry told the Dewan Rakyat today.

Foreign Affairs Minister Zambry Abdul Kadir

The minister was responding to Ahmad Fadhli Shaari (PN-Pasir Mas), who asked why the government has yet to take a firmer stance and action in regard to the conflict in Palestine, such as insisting that Netanyahu be brought before the ICC.

The ICC tries four core international crimes - genocide, crimes against humanity, war crimes, and crimes of aggression.

Political resistance

Mahathir announced in April 2019 the decision to withdraw from the Rome Statute, citing “misled feelings” and third-party sabotage by pitting the Malay rulers against Putrajaya over the statute’s ratification.

Malaysia had signed the Instrument of Accession to the Rome Statute just months prior.

Despite the Foreign Ministry stating that the Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah had been informed of Putrajaya’s intention to accede to the treaty, Johor Crown Prince Tunku Ismail Sultan Ibrahim had claimed that the government failed to consult the Conference of Rulers beforehand.

Johor ruler Sultan Ibrahim Sultan Iskandar also claimed that if Malaysia ratified the treaty, it would touch on the powers of the monarchy, Malay privileges, and the sanctity of Islam.

Among those who protested the decision to ratify the Rome Statute were Umno and PAS.

Last year, PAS president Abdul Hadi Awang said he was the one who initiated the move to bring down the Pakatan Harapan government after the administration tried unsuccessfully to ratify the Rome Statute and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

PAS president Abdul Hadi Awang

The Rome Statute was adopted by more than 100 countries in 1998 during a conference in Rome, which established the ICC.

The ICC came into force in 2002 and aims to end the impunity of perpetrators of the most serious crimes. - Mkini