‘RECONSIDER ROME STATUTE WITHDRAWAL’
UN Association of Malaysia, G25 regret govt withdrawing from international pact
THE United Nations Association of Malaysia (Unam) said it regrets the government’s move to withdraw from the Rome Statute of the International Criminal Court (ICC).
It said the government was compelled to take this step, said Unam president Tengku Ahmad Rithauddeen Tengku Ismail. In a statement, he said the purpose of ICC was to exercise jurisdiction over four categories: crimes of genocide, crimes against humanity, war crimes and crimes of aggression.
This is only so when it is established that the states where these crimes occur have been unable or unwilling to investigate such crimes.
“Constitutional experts have provided extensive analyses of the repercussions of this court’s mandate, and more than 120 countries have ratified the statute.”
He added that the Foreign Ministry had deliberated on this statute for more than two decades and took an enlightened decision to recommend to the
government to ratify it late last year.
As the agency entrusted to monitor the pace and pulse of international relations, the ministry’s judgment must be given due weightage, said Tengku Ahmad Rithauddeen.
“Accession to the Rome Statute will not diminish Malaysia’s sovereignty or affect the highly-respected status of our rulers, including the Yang di-Pertuan Agong,” said the former foreign minister.
He said to give in to sentiment that accession to the Rome Statute would undermine the sovereignty of the rulers would suggest that the people had allowed the threat of mischief to triumph over truth.
“Unam trusts the government will reconsider the decision to withdraw from the Rome Statute.
“In the meantime, Unam proposes that parties opposed to the statute should be consulted and persuaded that accession to the statute does not in any manner affect their status, privileges and prerogatives.”
The group of influential Malays (G25) also has expressed its disappointment with the government for yielding to pressure from dissenting groups and deciding to withdraw from the statute, soon after acceding to it.
It said this was the second time that the government had done a U-turn, the first being the withdrawal from its decision to accede to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
“This is troubling because it creates the impression that Malaysia is ruled by racial and religious sentiments, not by universal standards of justice. It also brings into question the new government’s commitment to reforms,” it said.
It added that it was understandable for Prime Minister Tun Dr Mahathir Mohamad to be upset at those responsible for spreading confusion about this international convention and misleading the public, especially Malays, that the Rome Statute would undermine the sovereignty of the country and the dignity of the Malay rulers and Islam.
The G25 said ICC was a court of last resort.
“We in G25 cannot understand why there are concerns that the Rome Statute will place our sultans, the Yang di-Pertuan Agung and Islam at risk of being subjected to international law as they are constitutional monarchs who rule on the advice of the government. On the other hand, if any sultan is responsible for a serious crime, he will be brought to justice under our national law. There is no need to refer the matter to ICC as our royal families have no immunity from criminal charges, unlike some countries that exempt their royalty from criminal punishments.
“However, if our political leaders or royals commit crimes against humanity on a barbaric scale, and no action is taken to make them accountable, then it is right and proper that the international community intervene to bring them to justice at ICC so that the people will be spared from future acts of terror,” it said.
G25 cites examples in Rwanda and the former states of Yugoslavia. It added that both entities were more civilised today after the genocides carried out by their previous rulers were exposed to the world at the trials conducted by the International Criminal Tribunal for the former Yugoslavia at The Hague and the International Criminal Tribunal for Rwanda in Arusha.
These trials were initiated by international resolutions at the United Nations, it added.
“G25 calls on the government to encourage the Rome Statute to be discussed and debated at all levels of society, on the open media, in university campuses and in civil society forums, in kampungs and cities so that when the time is right, and after the country has a better understanding of the treaty, the matter can be brought up to Parliament for a final decision, based on the will of the people, as reflected by their elected representatives, on whether to accede to, or reject the treaty, and to abide by that decision.
“That is how a parliamentary democracy works. In fact, the democratic process is never an easy one.
“It is a dynamic or vibrant process and full of challenges, as in any major new policy initiative there will always be divided opinions,” it said.
G25 said the experience in other countries showed that however contentious the issue, the public would come to accept the final decision when they were satisfied that all opinions had been consulted through dialogues and debates.
“It is true that some policy changes may be tough for some groups to accept, but when the majority have spoken through a proper parliamentary process, they must accept that decision.”