Minister: Gov't confident neither Agong nor PM will commit genocide

PARLIAMENT | Saifuddin Abdullah was today grilled in the Dewan Rakyat over the government's decision to ratify the Rome Statute, which governs the International Criminal Court (ICC).

However, the foreign minister maintained that the ratification would not impact the Yang di-Pertuan Agong's immunity from prosecution.

He added that the government was confident Malaysian monarchs and leaders would not engage in the four crimes dealt with by the ICC.

The four crimes that fall under the ICC’s jurisdiction are genocide, crimes against humanity, war crimes, and crimes of aggression.

"The government is confident that the Yang di-Perutan Agong or any Malay rulers - prime minister or any other leaders - do not have intentions to commit such serious crimes," he said.

However, Azalina Othman Said (BN-Pengerang) asked what the consequences would be if any Malaysian leader did commit one of the four international crimes.

"What if one of the scenarios happens?" she said.

Responding to this, Saifuddin said he prayed that it would not happen, but if it did, it would be dealt with through Malaysia's own justice system.

He said the ICC would only step in if Malaysia was incapable or unwilling to deal with the issue.

Addressing questions about the possibility that the Agong could be held liable, Saifuddin pointed out that the monarch acts on the advice of the prime minister.

"It's true that Article 41 of the Federal Constitution states that the Agong is the head of the armed forces, but it should be read with Article 40 that states the Agong acts on the advice of the prime minister," he said.

Enquiry regarding royal assent

However, Saifuddin was coy when asked point-blank by Reezal Merican Naina Merican (BN-Kepala Batas) whether the government had received the Agong's assent for the ratification of the Rome Statute.

“The question does not arise,” Saifuddin said.

Saifuddin then reiterated that he had met the Agong twice on the issue and was also instructed by the monarch to provide an explanation on the issue, which Wisma Putra had complied with in a statement on March 10.

He noted that the federal constitution outlines nine items related to constitutional amendments that require consultation with the Conference of Rulers.

However, he added, the ratification of the Rome Statute was not one of them.

He also pointed out that the previous BN government had ratified more than 100 treaties without going through Parliament.

BN MPs continued to heckle Saifuddin for a "yes" or "no" answer on the Agong’s assent to the Rome Statute’s ratification until the end of Saifuddin's winding-up speech.

Dewan Rakyat deputy speaker Mohd Rashid Hasnon finally asked Saifuddin to wrap up his speech and for the Home Ministry to begin its winding-up speech. - Mkini