‘BEST FOR GOVT TO WITHDRAW FOR NOW’
Move will prevent issue being used to create confusion by those who twist the facts, says expert
THE government’s decision to withdraw from the Rome Statute of the International Criminal Court (ICC) has prevented the issue from being perpetuated by certain quarters to create confusion.
National Human Rights Society president Dr Gurdial Singh said some people had been misrepresenting what the treaty entailed.
He said this was disappointing as ratifying the treaty would not have affected the country’s constitutional monarchy or law.
“As what the prime minister had said, some people are misrepresenting the law to generate confusion for inexplicable reasons.
So as not to allow this to be perpetuated, it is best that the government withdraw for now and revisit the issue after making the rakyat aware of what it really is about.
“I agree that we should withdraw from the Rome Statute as people are confused.
“But this was due to the actions by certain quarters who twisted the facts.
“It must be clarified that the Rome Statute does not affect the rights of the rulers. It is about bringing to book those who commit genocide, crimes against humanity or launch a war of aggression against other countries,” said, Gurdial who is a former law professor at Universiti Malaya’s Law Faculty.
On March 4, Foreign Minister Datuk Saifuddin Abdullah said Malaysia signed the Instrument of Accession to the Rome Statute of the ICC, and that the instrument was deposited with the United Nations secretary-general on the same day.
He had said the decision reflected Malaysia’s commitment to combating international crimes for global peace and security.
Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin AlMustafa Billah Shah ibni Sultan Ahmad Shah Al-Musta’in Billah was informed by Saifuddin of the matter on Feb 15.
However, the matter earned a rebuke from the Sultan of Johor Sultan Ibrahim Sultan Iskandar on March 23, when the ruler accused Putrajaya of violating the Federal Constitution.
The ruler referred to it as an attempt to ratify the International Convention on the Elimination of All Forms of Racial Discrimination, and said these two treaties affected the monarchy, Malay privileges and sanctity of Islam.
The following day, Tengku Mahkota Johor Tunku Ismail Sultan Ibrahim echoed his father’s sentiments and pointed out that the ratification of the treaty would erode the country’s sovereignty and the Yang di-Pertuan Agong’s position of power.
Gurdial, however, said the country’s constitutional monarchy and other rights provided in the Federal Constitution were not bound by the
Rome Statute.
“There should be no problem unless one is out to provoke, launch crimes against humanity or commit genocide on a segment of society,” said Gurdial.
He said the royal institution was performing its duties in line with the Federal Constitution for many decades, and there was no reason to think that there was a movement to erode the royal institution.
History expert Datuk Professor Dr Ramlah Adam said Malaysia’s previous decision to ratify the Rome Statute should have been brought to Parliament because it was a policy matter.
“This issue is of national interest. Ideally, the cabinet should have brought this big issue to Parliament.
“It is not an administrative matter, but about a change in policy. It should have been discussed and debated by the elected representatives who were voted into office by the people.”
She said the unhappiness expressed by certain quarters, including the opposition and non-governmental organisations, should have been an indicator that not everyone was receptive to the treaty.
Ramlah said implications of ratifying the Rome Statute were never explained and many people were concerned about the treaty having an overriding effect on Malaysian laws.
“Malaysia adopts a unique system of constitutional monarchy, which differs from many other nations, and this must be acknowledged,” she said.