New York/Kuala Lumpur, 4 March 2019
Following a unanimous decision taken by the Cabinet of Malaysia in mid-December 2018, the Permanent Representative of Malaysia to the UN deposited today the instrument of accession to the Rome Statute of the International Criminal Court (ICC), making Malaysia the 124th State Party to the first permanent judicial institution having jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression.
This important development is the result of 14 years of relentless advocacy and actions led by PGA Board Member Hon. Kula Segaran, MP, who made repeated efforts in the last three Legislatures to create a multi-partisan coalition in support of such a Cabinet decision. While already in April 2011, following a regional conference held by Parliamentarians for Global Action (PGA) in the Parliament of Malaysia, the former Cabinet had already approved the accession, the decision had not been implemented.
Hon. Kula Segaran, MP, Minister for Human Resources of Malaysia, stated today in Kuala Lumpur:
Malaysia’s accession to the Rome Statute is a clear signal that no impunity will be tolerated by Malaysia for the most serious crimes that shock the consciousness of humanity in respect of all situations on which the ICC can exercise its complementary jurisdiction. As the attacks against the undefended Rohingya population and their deportation into Bangladesh demonstrate, it is absolutely vital for States to ratify the Rome Statute in order to permit the relevant exercise of jurisdiction by the Court on the basis of the principles of territoriality and active personality: In fact, even if Myanmar refused to join the Rome Statute system against impunity, it has been sufficient for Bangladesh to be part of it to allow the initiation of an investigation by the ICC Prosecutor.
PGA’s Secretary-General, Dr. David Donat Cattin, underscored that Malaysia’s accession to the Rome Statute can have a significant impact in the Asia-Pacific region:
Malaysia has become the 3rd of 11 Southeast Asian States and the 20th of 55 Asia-Pacific States that have joined the ICC, hence increasing the Rome Statute membership in one of the most under-represented regions within the ICC system. PGA Members are engaged in many other countries with democratic or transitional Parliaments to advance the cause of the fight against impunity through the ratification and full implementation into national law of the Rome Statute.
PGA has provided technical assistance on legislation to 36 States that successfully domesticated the Rome Statute and has already shared with its membership in the Malaysian Parliament the revised Commonwealth Model Law on the Rome Statute of 2011, which incorporates many drafting options prepared by PGA.
Parliamentarians for Global Action is the largest global organization of individual Legislators engaged in promoting democracy, human rights, non-discrimination and peace under the Rule of Law in all regions of the world through its more than 1300 Members in 140 countries. As of today, PGA Members have led the ratification processes in 78 out of the 124 States Parties to the Rome Statute. The PGA Campaign for the universality and effectiveness of the Rome Statute system receives the support of the European Union and the Governments of The Netherlands, Switzerland, Estonia and Liechtenstein, and of the Oak Foundation, alongside the core support of Sweden and Denmark.
For more information, please contact:
New York
Dr. David Donat Cattin
Secretary General
E:
Tel. +1.646.287.5479
The Hague
Ms. Frederika Schweighoferova
Senior Legal Officer
E:
Tel. +31.6.16.04.70.32