KUALA LUMPUR: The ratification of the Rome Statute of the International Criminal Court (ICC) will not make the sovereignty of Malaysia disappear or be challenged as the country is still subject to the Federal Constitution, which is the main source of reference.
The Dean of the College of Law, Government and International Studies at Universiti Utara Malaysia (UUM), Assoc Prof Dr Ahmad Marthada Mohamed said the Federal Constitution was of the highest level and superseded any provisions of the law in any agreement.
“In the Constitution, we protect the undeniable power and institution of the Malay Rulers.
“By ratifying the Rome Statute, it will have no effect on the immunity and sovereignty of the Rulers. If any of the Rulers break any laws, they are subject to a special court. So, there is no question about the Rulers’ immunity and protection,” he told Bernama when commenting on the government’s decision to withdraw from ratifying the Rome Statute.
Prime Minister Tun Dr Mahathir Mohamad yesterday announced that Malaysia was withdrawing from the Rome Statute following the confusion arising politically and within the society, stressing that the decision was not because the Statute was harmful to the country.
Dr Mahathir said the decision to withdraw from the Statute was made collectively at the Cabinet meeting yesterday.
The ICC was established in 2002 and administered according to the Rome Statute.
The ICC is the first agreement-based international criminal court aimed at ending immunity to the most serious criminal offenders considered a threat to the international community involving genocide, war crimes and crimes against humanity and invasion.
Ahmad Marthada elaborated that the people should understand that the Rome Statute treaty only involved parties committing crimes for which they could be charged in the international court.
Citing the extradition treaty, he said it would give the country an added advantage in terms of international cooperation.
“For example, a criminal commits an offence in Malaysia and runs to the United States. He is then arrested in the US and we ask that he be tried in a Malaysian court.
“With the extradition treaty, the person can be tried in a Malaysian court, and that also doesn’t mean that we are challenging or questioning the sovereignty of the United States,” he said.
Ahmad Marthada also felt that the people’s concern about the Rome Statute stemmed from the fact that they did not have enough information and knowledge about the treaty, which resulted in them unanimously rejecting it without understanding its importance.
Meanwhile, International Law expert from International Islamic University of Malaysia (IIUM), Dr Mohd Yazid Zul Kepli explained that the people should have been made to understand that although the Rome Statute recognised the jurisdiction of the international criminal court, yet it would not deny the jurisdiction of the Malaysian courts because the treaty acts in a complementarity principle.
“For example, through the Rome Statute, if there is genocide or war crime, those who committed the atrocity will be punished by the country’s courts, like our court.
“But if our court is unable to punish the war criminal, only then will we go to the international court,” he said.
According to him, the Rome Statute also provided the opportunity to cooperate and share expertise with nearly 120 countries, which had agreed to the policies of the treaty, other than giving Malaysia the chance to show its message of solidarity in the fight against crimes.
He described Malaysia’s decision to withdraw from the Rome Statute as proof that the government was concerned about the voice of its people, although certain parties felt that the government was inconsistent in its policies.
“If it wanted to, the government could have gone ahead and ratified the Rome Statute although many are against it. Yet, the new government should be seen as listening to the people’s voice and, thus, reject any allegations that the treaty was only for the benefit of the ruling Pakatan Harapan government,” he said. – Bernama
