KUALA LUMPUR – While Putrajaya is willing to consider Malaysia becoming a party to the Rome Statute of the International Criminal Court (ICC), Federal Constitution stipulations and the status of the Malay rulers remain a concern, said Prime Minister Datuk Seri Anwar Ibrahim (Tambun-PH).
Speaking in the Dewan Rakyat today, Anwar said he is open to allowing a parliamentary special select committee to look into how further support for the Palestinian cause can be expressed while Putrajaya reassess provisions in the Rome Statute.
“Looking forward, it’s possible for a parliamentary special select committee to discuss between parties how we can further this issue while (the government) looks back at the Rome Statute’s provisions.
“If there is an agreement, then we may continue (to become a member state of the statute). However, we have some concerns on (current) conditions, Federal Constitution specifications and the status of the Malay Rulers,” Anwar said during the Prime Minister’s Question Time.
He said this in response to an additional question from PAS MP Ahmad Tarmizi Sulaiman (Sik-PN) on whether Malaysia might consider taking sterner action in voicing out against the genocide in Gaza, as Anwar had earlier said that “momentary economic concerns” will not cause Malaysia to suppress its support for Palestine.
Tarmizi also asked whether Malaysia might consider joining South Africa’s December 2023 application to institute proceedings at the International Court of Justice (ICJ) against Israel over violations of Palestinians in the Gaza Strip.
Pointing out that Malaysia does not have the same status as South Africa and several other nations as it had noted its reservations on Article 9 of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the opposition lawmaker queried whether Malaysia would consider retracting its reservation.
In his reply, Anwar highlighted that while South Africa President Matamela Cyril Ramaphosa had previously told him that Malaysia could still voice support for the latter’s application, the proceedings are linked to the Rome Statute, which Malaysia had not signed.
“In regards to ICERD (International Convention on the Elimination of All Forms of Racial Discrimination) and the Rome Statute, there are some constraints as there are some provisions in the Rome Statute which cannot be accepted by a part of our community.
“(This is particularly on) policies to defend Bumiputera rights, religious (and) LGBT issues. This has also been brought up by the Malay rulers,” Anwar added.
The Rome Statute establishes four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression.
It also represents a crucial instrument in the global effort to combat impunity and hold perpetrators of the most heinous war crimes accountable for their actions at the International Criminal Court (ICC).
On April 5, 2019, under the leadership of then-prime minister Tun Dr Mahathir Mohamad, Malaysia withdrew its accession to the Rome Statute following criticism from various quarters, including those who claimed that the statute would affect the sovereignty of the Malay rulers. – November 28, 2024