PAS and the Rome Statute

 

 In April 2019, PAS was reported to have welcomed Malaysia’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

Its spiritual leader Hashim Jasin then said it was a good move which would benefit Islam, and that PAS held to the principle of supporting any move that was for the good of Islam.

Now - in October 2023 - PAS’ Pasir Mas MP Ahmad Fadhli Shaari asked the government why it has yet to take a firmer stance and action in regard to the conflict in Palestine, such as insisting that Israeli Prime Minister Benjamin Netanyahu be brought before the ICC.

In simple terms, having opposed the Rome Statute prior to this, PAS suddenly wants Malaysia to bring Israel to the ICC.

A reasonable inference would be PAS now badly wants the government to sign and accede to the Rome Statute, as ICC and the Rome Statute are closely related. Both are two sides of the same coin.

Foreign Affairs Minister Zambry Abdul Kadir, in his response to Fadhli, said Malaysia cannot refer Netanyahu to the ICC over war crimes in Gaza as it is not part of the Rome Statute.

Is PAS blowing hot and cold or is PAS really ignorant of what it opposes and supports?

From the parliamentary reply given by the minister, it is implied that Malaysia may refer Netanyahu to the ICC over war crimes in Gaza if Malaysia is a party to the Rome Statute.

Israeli Prime Minister Benjamin Netanyahu

When PAS' spiritual leader peddled to the whole world that Malaysia's withdrawal from the Rome Statute was a good move thus benefiting Islam, was PAS implying that the act of Palestine in acceding to the Rome Statute was repugnant to Islam?

PAS may possibly have overlooked that on Jan 2, 2015, Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN secretary-general. Hence, the Rome Statute entered into force for Palestine on April 1, 2015.

Truth be told, I am in doubt as to whether PAS really understood when its leaders sought to oppose and accept the Rome Statute. - Mkini

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MOHAMED HANIPA MAIDIN is a former MP and former deputy law minister.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.