This article was originally published in My Voice for the Nation

Kula: Our role in The Hague inquiry lacks clout

Malaysia’s participation in the joint investigations to start soon into the downing of Malaysia Airlines Flight MH17 would be “formidably enhanced” should the country formalise its membership of the International Criminal Court (ICC).

News that attorney-general Gani Patail and inspector-general of police Khalid Abu Bakar would go to The Hague on Dec 3 to take part in the joint investigations has prompted DAP vice chair M Kulasegaran to take up again the cause of Malaysia’s accession to the ICC.

“We would have formidably enhanced our case had we deposited the Instrument of Accession to the ICC which the cabinet agreed to do three years ago but did not follow through on account of some cavils stemming from the AG’s Chambers,” opined the MP for Ipoh Barat.

 He said while it is a positive development that Malaysia is being allowed to take part in a peripheral way in the investigation, it cannot be a substitute for taking action with real bite that actually formally investigates and prosecutes crimes in a coordinated and complementary national and international manner.

“Had Malaysia joined the ranks of the 122 countries that have ratified the ICC, our participation in the investigations to commence in The Hague next month would have more clout,” said Kulasegaran (left).

 He said though the investigation was important, it is unlikely to lead to individual prosecutions.

“Justice for victims of crimes of this magnitude must be secured in a robust national and internationally coordinated manner. National courts complemented by the ICC is the best way forward for this. The more countries that join the ICC. the easier it will be to identify and prosecute perpetrators of such crimes in the future,” asserted Kulasegaran.