Nazri admits BN wanted to ratify Rome Statute too

Former BN minister Nazri Abdul Aziz (above) has acknowledged that the previous government had themselves moved to accede to the Rome Statute of the International Criminal Court (ICC) in accordance with the United Nations.

However, he claimed they decided not to proceed with the plan after being advised against it by several quarters, including lawyers and former attorney-general Abdul Gani Patail.

Gani, he said, insisted BN refer the matter to the Conference of Rulers.

“We (BN government) definitely felt that we should try to adhere to the United Nations’ wishes, but we received various feedback from many quarters on the position of the constitution, on the rights of the Malay Rulers.

“So, if there are matters (with the Statute) pertaining to the Yang di-Pertuan Agong in the constitution, we must refer to the Malay rulers first. If they agree, then we can do it, but if they do not, we can’t,” he said when contacted by Malaysiakini today.

Nazri added: “The Cabinet can make whatever decision they think is right. We have the power to do so. But when it relates to the Malay Rulers, we need to confer with the Conference of Rulers.”

According to Nazri, Malaysian could not be compared to Great Britain, a signatory of the Rome Statute, or any other country with a monarchy.

Nazri, who had served as de facto law minister under BN, had on May 27, 2010, announced Malaysia’s readiness to join signatory countries for the establishment of the ICC.

He made the announcement when attending the sixth Consultative Assembly of Parliamentarians for the ICC and the Rule of Law in Kempala, Uganda. This was later affirmed by then prime minister Najib Abdul Razak in relation to Israel’s attack on the Gaza Freedom Flotilla that year.

Subsequently, on March 18, 2011, the Foreign Ministry tabled the Cabinet memorandum for Malaysia to sign the Statute. However, this was not pursued following reservations by the then attorney-general Gani.

In 2015, the matter was once again brought for the Attorney-General’s Chambers to table the Cabinet memorandum for the Rome Statute to be signed, so that the perpetrators of the downing on MH17 could face the ICC. However, this was also not pursued.

Mohamad Apandi Ali was attorney-general at the time.

MH17 was shot down on July 17, 2014, as it travelled over eastern Ukraine. All 298 on board were killed.

A Dutch-led joint investigation team concluded the jetliner was brought down by a Russian missile which originated from a Russian military unit.

The Russian government has denied responsibility. In 2015, it used its veto at the UN to block a draft resolution to set up an international tribunal.

Russia withdrew its signature for the Rome Statute in 2016, but could still be subject to the ICC.

Nazri was also reported to have said in 2017 that Malaysia would be sending a “strong signal” to the international community if it were to affirm the 2011 Cabinet decision and accede to the Rome Statute.

“How can there be peace if authors of mass-atrocities can commit the most serious crimes with impunity and without restraint?’ Nazri, who was then tourism and culture minister, had said at the time.

Malaysiakini is attempting to contact Gani and Apandi for comments. - mkini