Legal expert: Malaysia can only withdraw from Rome Statute after a year

Malaysia can only withdraw from the Rome Statute after one year of its ratification, said former chair of the Asean Intergovernmental Commission on Human Rights Edmund Bon.

Bon said Article 127 of the Rome Statute states that a state party may withdraw from the International Criminal Court (ICC) by giving written notice to the secretary-general of the United Nations. The withdrawal would then take effect after one year of the receipt of the notification.

This is in contrast to what Prime Minister Dr Mahathir was reported by Bernama as saying earlier today.

The premier had said that Malaysia would be able to withdraw from the statute before June this year.

Bon expressed sadness over Mahathir's announcement.

"However, we will still be part of the ICC for one year," the human rights lawyer said, when met at the 2019 Refugee Festival in George Town today.

He noted that the ICC was meant to promote accountability, and that it would be difficult for Malaysia to do so now that the statute would no longer be ratified.

"We do not need to discuss the matter in Parliament before ratifying the Rome Statute.

"Once ratified, Parliament would have to enact domestic laws to implement the ratification, " he added.

Bon questioned why certain quarters are afraid of the four crimes under the Rome Statute, which are genocide, crimes against humanity, war crimes, aggression, or contempt of court in the International Criminal Court.

"Only those who have committed or are capable of committing these crimes are afraid of it," Bon said.

"It looks as if the extremists and those afraid of the four crimes have won the battle," he added.

Earlier, Mahathir had an audience with the Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad at Istana Negara in Kuala Lumpur over the matter.

On March 4, Foreign Affairs Minister Saifuddin Abdullah had signed a document acceding to the treaty, sparking a controversy.

According to Wisma Putra, the Agong had been informed by the minister on Feb 15 of Putrajaya's intention to accede to the treaty.

However, Johor ruler Sultan Ibrahim Sultan Iskandar and his son, Crown Prince Tunku Ismail Sultan Ibrahim, did not welcome Wisma Putra's move.

They said by ratifying the treaty, Malaysia would violate the Federal Constitution as it would affect the monarchy, Malay rights and the sanctity of Islam in Malaysia. - Mkini