THE International Criminal Court (ICC) has issued a warrant of arrest on Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for the genocide committed in Palestine, which had resulted in the loss of 44,000 lives.
This is a positive step as they cannot travel to 124 countries in all the continents. The question asked is why only 124 countries and not more?
The Rome Statute, the treaty that established the ICC, includes 124 state parties across six continents. Under the statute, countries that are part of the ICC are legally bound to enforce its arrest warrants, according to international human rights lawyer Jonathan Kuttab.
The law operates on the basis of a presumption that people will obey it. That’s how all laws are created. You expect everybody to respect the law. Those who don’t respect the law are themselves violating the law.
Ironically, Malaysia is not the member of the ICC as Malaysia has not signed the Rome Statute.
Recall that in 2019, then prime minister Tun Dr Mahathir Mohamad announced the decision to withdraw Malaysia’s accession to the Rome Statute of the ICC citing constitutional and judicial concerns.
However, it is crucial to note that Netanyahu cannot travel to Malaysia due to Malaysia’s long-standing policy of not having diplomatic relations with Israel. This has got nothing to do with Malaysia not signing the Rome Statute.
There are individuals on whom warrant of arrest was issued in the past but not arrested due to challenges in enforcement as the ICC relies on member states to execute warrants.
Political considerations often impede arrests, especially when suspects are in countries not cooperating with the ICC.
Who are individuals not arrested
Omar Hassan Ahmad Al Bashir: The former president of Sudan is wanted by the ICC for charges of war crimes, crimes against humanity, and genocide related to the Darfur conflict. Warrants for his arrest were issued in 2009 and 2010, but he has not been apprehended.
Vladimir Putin and Maria Lvova-Belova: ICC issued warrants in March 2023 for Russian President Vladimir Putin and Maria Lvova-Belova, Russia’s commissioner for children’s rights, accusing them of the unlawful deportation of Ukrainian children during the Russo-Ukrainian war. The ICC had also issued arrest warrants for other Russian military officials, including Sergei Shoigu and Valery Gerasimov for alleged war crimes.
Joseph Kony: ICC issued an arrest warrant for Kony, the leader of the Lord’s Resistance Army (LRA) in Uganda in 2005 for crimes against humanity, including murder, enslavement, and child soldier recruitment. Despite international efforts, he remains at large.
Unfortunately, these individuals can come to Malaysia as the country is not on the list of 124 countries that had signed the Roman Statue.
Why is Malaysia not a signatory of the Rome Statute
Malaysia is not a member of the ICC because it did not sign the Rome Statute, the treaty that established the ICC, on March 4, 2019.
For context, in March the same year, Malaysia had decided to sign the Rome Statute; however, Mahathir on April 5 2019 announced the country’s withdrawal.
The withdrawal came after concerns were raised by various groups in Malaysia, including the monarchy, about potential conflicts with the country’s constitution, sovereignty, and certain provisions related to the immunity of state rulers under the Rome Statute.
As a result, Malaysia remains outside the ICC’s jurisdiction, meaning the court cannot prosecute crimes such as genocide, war crimes, and crimes against humanity committed in Malaysia unless referred by the United Nations Security Council.
Malaysia must reconsider signing the Roman Statute if the country were to play its role effectively on the international arena.
Malaysia can allow entrance to individuals who have been issued warrants of arrest by the ICC because the country is not a signatory of the Rome Statute.
However, Anwar expressing views of international justice for Palestinian but not signing the Rome Statute is a contradiction. – Nov 25, 2024
KT Maran is a Focus Malaysia viewer.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main image: Human Rights Watch
