The A-G called the recent fuss surrounding the ratification of the Rome Statute – a process that started eight years ago – “absolutely ridiculous”.
- Government too hasty in announcing withdrawal from the Rome Statute – urged to not withdraw
- As constitutional monarchs, Agong and other Malay rulers will never be subjected to trial before the ICC
- A-G advised government to ratify the Rome Statute which would mean Malaysia would not be a safe haven for “rogues” or criminals guilty of international crimes
- No constitutional monarch has ever been prosecuted by the ICC
- Certain rulers felt threatened as Malays have risen to question their position, more people now think royals are unnecessary
- Feudal mentality of the Malays played a big part in supporting the arguments given by the four professors
- Conservative Malay pressure groups using the Rome Statute, ICERD to gain influence
- Malays constantly in fear of being threatened by minorities
- Paper presented to Rulers baseless, four academicians misled them – call to take action on the four
The previous Barisan Nasional cabinet had no objections to the Rome Statute and was willing to accede to it in 2011, said G25 member Datuk Noor Farida Ariffin today at a public forum on the Rome Statute at Universiti Malaya.
“The Pakatan Harapan government was merely completing the process by ratifying it.
“We prepared the paper on the ratification of the Rome Statute for Cabinet and sent it to all government agencies. All the agencies then agreed except for the then-Attorney General’s Chambers who was vehemently against it,” she said.
Tan Sri Gani Patail was the A-G at the time.
“I was director-general of the research treaties and international law department of Wisma Putra then.
“The Cabinet overruled the Attorney-General’s Chambers’ objection and decided to accede to the statute at the end of March 2011,” she added.
Farida said G25 was going to send a memorandum, co-signed by several groups, with several recommendations, by next week.
“We’ve also teamed up with Patriot and Ikram, which have chapters all over the country and especially in the rural areas. Ikram is a grassroots organisation.
“We’ve already acceded, so we are urging the government not to withdraw.”
She said before the government could make any decision, it had to educate the people.
“We don’t want a repeat of ICERD, where the opposition parties provoked demonstrations and so on.
“We particularly need to explain to the Malays, who are feeling so insecure, that it does not adversely affect them or the royalty.
“How can you say that it is against Islam? Does Islam support genocide? You’re talking about genocide. And Muslims are also the victims of genocide.”
She said G25 could not avoid being seen as an elitist group by the rural people, as its members have held very senior government positions.
“But this is why we are working with grassroots organisations. Ikram holds talks and dialogue sessions with the kampung people.”
Farida said her department prepared the instrument of accession to be deposited with the UN secretary-general, as mandated by the Rome Statute, but “for reasons best known to himself”, former foreign minister Anifah Aman did not want to sign it.
She also said the government was too hasty when it announced its withdrawal from the Rome Statute, and that it should now form a committee of experts and a communication strategy to promote the treaty.
“The people will then know there is nothing to fear, that there is no ‘agenda of the superpowers’. If there was one, the United States would be a state party, but it isn’t. Russia and China aren’t either.
“This is because of all the insurgencies in their countries, and they are afraid that if they stamp them out, they can be brought before the International Criminal Court and prosecuted.
“So, they have a reason for not ratifying the statute. Bill Clinton signed it, but George Bush then unsigned it.”
Attorney-General Tommy Thomas said the Rome Statute could not be used against the King even if the Armed Forces commits heinous crimes because he is a constitutional monarch.
“So for example, if war is declared, although the Agong is the supreme commander of our armed forces, the decision to go to war will always be made by the prime minister, the Cabinet and the minister of defence.
“Operationally it will be the generals or admirals.
“If Malaysia commits war crimes, the people who will be vulnerable to an ICC prosecution will be the prime minister, ministers, generals, but never the king because he is a constitutional monarch,” said Thomas.
He cited the example of former British Prime Minister Tony Blair who was asked to be prosecuted in the ICC over atrocities of the British forces in Afghanistan but Queen Elizabeth II was not dragged in because she is also a constitutional monarch.
Thomas said the Rome Statute deals only with the most heinous crimes and there is no way the ICC can interfere in the sovereignty of the country.
He also elaborated on the jurisdiction of the ICC, which doesn’t cover domestic crimes.
He said the ratification of the Rome Statute would mean that the country would not be a safe haven for “rogues”, or criminals guilty of any of the four international crimes – genocide, war crimes, crimes against humanity and crimes of aggression.
Thomas said signing the treaty would mean these criminals would be extradited from Malaysian shores immediately.
“It is for these reasons that I had advised the government to ratify the Rome Statute, as from a legal perspective it is difficult to argue on the contrary,” he said.
Thomas called the fuss surrounding the ratification of the Rome Statute “absolutely ridiculous”.
Emeritus Professor and constitutional law expert Dr Shad Saleem Faruqi said no constitutional monarch has ever been prosecuted by the ICC, even for atrocities committed by their troops.
The law professor said when Cambodian dictator Pol Polt was prosecuted for genocide by the ICC, the country’s constitutional monarch, Prince Sihanok was not.
Shad Saleem was responding to one of the main points that was used by detractors of the Rome Statute to convince the Conference of Rulers to reject the international convention, claiming ratifying it would affect the special position of the Malay rulers.
He added that the paper presented to the Rulers was baseless.
“The King was advised by the four academicians that any criminal prosecution against the LGBT community will be a ground for the King’s arrest and prosecution. Homosexuality is not a crime against humanity,” said Shad Saleem.
Politician, sociologist and former academician Dr Syed Husin Ali said that there are certain Malay rulers who felt threatened as Malays have risen to question their position.
He said the feudal mentality of the Malays played a big part in supporting the arguments given by the four professors.
He said conservative Malay pressure groups are stirring controversy on issues such as ICERD and the Rome Statute in a bid to gain more influence.
“Malays are mostly conservative, influenced by feudal attitudes. We think of ourselves as subjects,” said the former PKR deputy president.
“This is seeded in our mentality, to be subservient to royalty. They (the Malays) are constantly in fear of being threatened by the minorities.
“This is why they (conservative Malay groups) use race and religion. This is why they use questions of ICERD and the Rome Statute to strengthen themselves. This is because the rulers represent Ketuanan Melayu,” he said.
Syed Husin said some of the rulers feel insecure because there are more people now who think royals are unnecessary.
“Economically, among the people, the king is seen as a robber of the people’s riches. This is what the royals are worried about.”
Former student activists Asheeq Ali Sethi Alivi and Lim Wei Jiat both agreed with the other speakers.
Asheeq lambasted the government for merely giving in to those who rattled the unity by playing up issues such as the Rome Statute.
“There must be action taken on the four for lying to the Conference of Rulers,” said Asheeq.
Lim said the four academicians crossed the line when they misled the Rulers.
The public forum moderated by Kamarul Bahrin Haron was held to explain the Rome Statute, after much controversy which led to the retraction of the ratification by the government.
The organisers said the four academicians who prepared the paper for the Malay Rulers had declined invitations.
The forum was attended by about 400 people.
On April 5, Putrajaya said it would withdraw from ratifying the international treaty that covers serious crimes and crimes against humanity.
During the press conference then, an upset Dr Mahathir said the government “was forced” to withdraw following confusion created by those with political interests.
The Prime Minister said contrary to claims, signing the Rome Statute was not harmful nor would it affect the country’s sovereignty.
Earlier report: Apr 27, A-G: It Was BN That Wanted to Ratify Rome Statute