Rome Statute opponent to chair Suhakam

 

Legal expert Rahmat Mohamad, who co-authored a paper which convinced the Conference of Rulers in rejecting the Rome Statute, is the new chairperson of the Malaysian Human Rights Commission (Suhakam).

Seven other members of the commission are UKM law lecturer Noor Aziah Mohd Awal (reappointed), former Islamic Development Department head Mohamad Nordin Ibrahim, Dr Chew Chee Ming, former Sabah attorney-general Mariaty Robert, lawyer Hasnal Rezua Merican Habib Merican, lawyer Nazira Abdul Rahim, and former Bar Council president K Ragunath.

Nazira is the women’s chief at the Kulim-Bandar Baharu Umno division and Bandar Baharu municipal councillor, while Hasnal is the Selayang Umno deputy division chief.

Prime Minister Ismail Sabri Yaakob described the new commission as “inclusive” and added that their term was effective June 22.

Rahmat is a professor of law at UiTM. He was one of four academics who authored a document to the Conference of Rulers in April 2019, advising against Malaysia ratifying the Rome Statute.

The treaty - otherwise known as the Rome Statute of the International Criminal Court - has been ratified by 123 states.

This treaty created the International Criminal Court (ICC) which focuses on genocide, crimes against humanity, war crimes, and the crime of aggression.

The ICC can only investigate and prosecute such crimes in situations where states are unable or unwilling to do so themselves.

Its jurisdiction is limited only to territories of signatory countries unless otherwise authorised by the United Nations Security Council.

All three out of five permanent members of the UN security council with veto powers - the United States, Russia, and China - are not party to the Rome Statute.

Codify rights into local law first

The paper co-authored by Rahmat argued that ratifying the Rome State would expose the Yang di-Pertuan Agong, as the head of the military, to the jurisdiction of the ICC.

The authors also argued that since some of the most populous countries in the world - Iran, the United States, Russia, China, India, and Indonesia - have refused to ratify the ICC, the spirit of the Rome Statute would be lost.

Separately, Rahmat had in 2018 written an open letter stating that Malaysia should legislate international human rights instruments into domestic law first before ratifying international human rights laws.

Malaysia has yet to ratify six core international human rights laws, they are:

• International Convention on Elimination of All Forms of Racial Discrimination.

• International Convention on Civil and Political Rights.
  International Convention on Economic, Social and Cultural Rights.

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

• International Convention for the Protection of All Persons from Enforced Disappearance. - Mkini