Govt disappointed not given opportunity to debate with academicians

The government was not given an opportunity to respond nor debate with academicians who were against Malaysia’s accession to the Rome Statute of the International Criminal Court (ICC).

The academics had presented their views before the Conference of Rulers as to why Malaysia should not accede to the international treaty.

The four academicians are Universiti Teknologi Mara’s deputy vice-chancellor and dean of its Law Faculty Professor Datuk Dr Rahmat Mohamad, International Islamic University of Malaysia (UIA) law lecturer Associate Professor Shamrahayu Ab Aziz, and Universiti Sains Islam Malaysia (USIM) law lecturers Fareed Mohd Hassan and Hisham Hanapi.

Attorney-General Tommy Thomas said he spent 45 minutes explaining the legal aspect of the statute at the Conference of Rulers before he was joined by Foreign Minister Datuk Saifuddin Abdullah, who presented the political view on the matter.

The government’s top legal eagle and the academics had briefed the Conference of Rulers separately on April 2.

This took place days before the government decided to withdraw from the international treaty.

Thomas described the situation as two groups submitting their views on the matter as being in ex-parte or on behalf of their respective sides.

“What was disappointing is that we did not have an opportunity to debate with the four academicians. I could comment on their views and likewise, they could comment on my arguments.”

Thomas said this at a public forum on the Rome Statute, which was held at Universiti Malaya here yesterday.

“As to why I had failed to convince the Conference of Rulers is a question that (was raised during) my private sector career.

“Hundreds of my clients, when they asked why we lost... I would say to them that maybe I was a lousy lawyer and I could not persuade the judges,” he said.

He said this in response to a forum participant, who criticised him for his failure to convince the Conference of Rulers that subsequently saw Malaysia withdrawing from the ICC.

At one juncture, the forum became tense when the same participant condemned the holding of the forum, since Malaysia had decided not accede to the Rome Statute. He also took to task panellists at the forum for criticising the four academicians, who were not in favour of the statute.

Asked if the implementation of syariah would be affected by the ICC during the question-and-answer session, Thomas replied with a firm “no”.

Earlier, Thomas refuted claims that the constitutional position of the Yang di-Pertuan Agong would be undermined if Malaysia ratified the statute.

If Malaysia decided to go to war, he explained, such a decision would be made by the prime minister, cabinet and defence minister although the king is the supreme commander of the armed forces.

“If Malaysia commits war crimes, the people, who will be vulnerable to prosecution by the ICC, would be the prime minister, cabinet, defence minister and (army) generals, but never the king because he is the constitutional monarch,” he said.

Citing the United Kingdom’s participation in the invasion of Iraq in 2003, Tommy said there were only calls for former prime minister Tony Blair to be charged over alleged war crimes.

“There were no calls for the queen (Elizabeth II) to be charged since she is the constitutional monarch,” he said.

Ratifying the statute, said Thomas, would have prevented Malaysia from becoming a safe haven for crime offenders such as ousted Sudanese president Omar al-Bashir, who is wanted.

Another panellist at the forum, constitutional expert Emeritus Professor Datuk Dr Shad Saleem Faruqi, outlined advantages if Malaysia acceded to the statute.

Malaysia, he said, could level considered criticism against the inability and unwillingness of the ICC to prosecute “superpower” nations for committing heinous crimes, such as the occupation of Palestine, Afghanistan, Iraq, Yemen and Libya.

“Our voice would carry greater weight. We can push for atrocities in Myanmar to be investigated by the United Nation Security Council.

“We can approach the UN Security Council to prosecute those who downed Malaysia’s MH17 in the eastern Ukraine.

“And we will have better leverage to deal with countries like Myanmar that are causing refugees to come to our shores,” he said.