KUALA LUMPUR – Malaysia’s non-ratification of the Rome Statute of the International Criminal Court (ICC) means the country is not obligated to act on the ICC’s recent arrest warrant for Israeli Prime Minister Benjamin Netanyahu, highlighted former prime minister Tun Dr Mahathir Mohamad, who also stressed the potential consequences of Malaysia’s stance on the treaty.
The Rome Statute, adopted in 1998 and in force since 2002, established the ICC as an international tribunal to prosecute individuals for serious crimes such as genocide, war crimes, crimes against humanity, and crimes of aggression.
To date, over 120 countries have ratified the treaty, committing to cooperate with the ICC in actions such as arresting and surrendering suspects and providing evidence.
However, Malaysia, alongside global powers such as the United States, China, and Russia, has not ratified the statute. Dr Mahathir pointed out that this leaves Malaysia with no legal obligation to apprehend individuals sought by the ICC, including Netanyahu.
“This means Netanyahu and the other persons named by the ICC can seek refuge in Malaysia. We are not obliged to arrest them,” he stated.
The ICC’s warrant against Netanyahu comes amidst allegations of war crimes committed during his leadership of Israel, particularly concerning the treatment of Palestinians. The court’s actions have reignited debates about the role of international justice and the responsibilities of non-ratifying states like Malaysia.
Dr Mahathir’s remarks reflect broader concerns about the Rome Statute’s obligations and its potential impact on national sovereignty. Malaysia’s decision to remain outside the treaty framework has often been justified by fears that ICC jurisdiction could be used to undermine domestic governance.
Additionally, critics of the ICC argue that the tribunal disproportionately targets leaders from smaller nations while major powers remain immune due to their non-participation. – November 28, 2024