AS the cyberspace is abuzz with an emotionally-charged Selangor Menteri Besar Datuk Seri Amirudin Shari aspiring to take the Zionist regime to the International Court of Justice (ICJ), rational Malaysian are weighing on prospect and likely humongous cost of such task.
The delegation head of Malaysian Global Sumud Flotilla (GSF) 2.0 humanitarian mission to Gaza has apparently fumed over alleged acts of brutality, including kidnapping and torture involving activists from the Global Sumud Flotilla (GSF) 2.0 humanitarian mission, particularly Malaysian participants.
Therefore, the Madani government can be expected to initiate proceedings as soon as lawyers complete the collection of information and supporting evidence.
For context, Bernama reported that a total of 28 Malaysian activists who were detained by the Israeli army in the GSF 2.0 mission – which received a mix of criticism and acclaim for their participation – arrived home safely at 9.30pm on Sunday (May 24).
Another activist, Razman Mat Ali, is still being treated in Istanbul, Turkey for ‘traumatic pneumothorax’ or a punctured lung after being allegedly punched by Israeli soldiers.
Previously, the Sumud Nusantara Command Center (SNCC) confirmed that all 50 GSF 2.0 mission ships carrying 430 humanitarian activists, including 29 Malaysians, had been kidnapped by Israel following interception of their vessels by Israeli forces near the waters of Cyprus on May 18.
‘Chances low to highly complex’
Obviously, Malaysia – like any other sovereign country – has the right to take Tel Aviv to the ICJ over violence inflicted
By all means, being a United Nations (UN) member state grants Malaysia locus standi to bring forth a claim.
For war crime-like violence against its nationals in international waters, Malaysia can use diplomatic protection to espouse the claims of its citizens, essentially turning the issue into a state-to-state dispute.
However, Google AI returned an answer of “low to highly complex and costly” when posed the question of Malaysia’s chances given “ICJ requires the consent of both states to hear contentious cases”.
“Given that contentious cases require both states to consent to ICJ’s jurisdiction, Israel is highly unlikely to agree,” contended Google AI.
“Instead, Malaysia can explore options at the International Criminal Court (ICC) to hold Israeli officials accountable for the detention and reported torture of its citizens on board the GSF 2.0 mission.”
Whether Amirudin is aware or otherwise, one has to be rational as opposed to emotional to weigh on the consequences of ‘suing’ Israel just because Malaysia has officially recognised GSF 2.0 as a “national mission” with a strong backing by Prime Minister Datuk Seri Anwar Ibrahim, a vocal and prominent global supporter of Palestinian cause.
Here are the primary implications of Malaysia’s potential legal action as per Google AI feedback:
Years of jurisdictional hurdles: The ICJ settles disputes between states. If Malaysia attempts to bring a direct case against Israel, Israel will almost certainly challenge the court’s jurisdiction, leading to years of preliminary legal battles.
No direct diplomatic repercussions: Malaysia already enforces a strict non-recognition policy with no bilateral diplomatic or economic ties. Therefore, Malaysia risks virtually no economic or political leverage compared to countries with vested interests in the region.
Legal and financial costs: Mounting international cases requires significant financial resources, specialized international law counsel, and extensive diplomatic lobbying.
Focus on International Criminal Court (ICC): The ICC focuses on individuals rather than states. Pursuing war crimes such as the reported unlawful interception of the flotilla and torture of activists, allows states to seek arrest warrants for specific Israeli leaders rather than engaging in state-vs-state ICJ litigation.
Little wonder, detractors have likened PKR vice-president Amirudin’s statement as a smokescreen to divert attention away from the Selangor pig farming furore.
- focus malaysia
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