The Hague / New York / Malaysia | April 7, 2017

From 5 to 7 April 2017, the President of the ICC, Judge Silvia Fernández de Gurmendi conducted a mission to Malaysia upon invitation of the PGA National Group, to discuss the ratification and implementation of the Rome Statute of the ICC. During her visit, the ICC President was welcomed by the Speaker of the House of Representatives, H.E. Tan Sri Datuk Seri Panglima Pandikar Amin Hj Mulia. The Speaker confirmed that he is a supporter of the ICC and personally believes that Malaysia should accede to the Rome Statute as soon as possible.

The meeting was followed by a Press Conference at the Parliament and a roundtable discussion attended by Members of the Malaysian Parliament, as well as members of civil society and academia.

During the Roundtable with the PGA Malaysia National Group, hosted by the Chair of PGA Malaysia, Hon. Minister Mohamed Nazri Abdul Aziz, MP, Minister of Tourism and Culture confirmed his commitment to the ICC in a written communication, which included the following statement:

How can there be peace if authors of mass-atrocities can commit the most serious crimes with impunity and without restraint? The ICC exercises jurisdiction over territories or nationals of States that accept to be bound by the Rome Statute: This did not happen with Syria and Iraq, and the mass-atrocities of ISIS and other actors are occurring in total impunity-zone. Similarly, Myanmar did not ratify the Rome Statute, and the Rohingya population is being targeted by widespread or systematic attacks that might be qualified as crimes against humanity, but the ICC cannot exercise its jurisdiction. If Malaysia were to deposit its instrument of accession and confirm the 2011 Cabinet decision to join the Rome Statute this would send a strong signal to the international community that all states shall unite their efforts against impunity for mass-atrocity crimes. Honorable Minister Mohamed Nazri Bin Abdul Aziz, Minister of Tourism and Culture, Chair of the PGA Malaysia National Group

H.E. Justice Silvia Fernández de Gurmendi delivered the keynote address at the Roundtable Discussion, highlighting the important role of the Rome Statute of the ICC in protecting the civilian population and providing the international justice system a way to implement the Rule of Law:

I am very pleased to visit Malaysia and to have the opportunity to contribute to informed consideration of Rome Statute accession through dialogue with the relevant officials. The ICC is an integral part of the international community’s response to challenges that threaten international peace, security, development and human rights, including atrocities committed by non-State actors. Unfortunately, the participation of Asian States is much lower than other regions, which undermines the effectiveness of the system. Malaysia’s support as a regional leader would be tremendously important in this respect. We need to strengthen the global justice system in order to ensure accountability and contribute to preventing the most serious international crimes, and provide remedy to victims for the harm suffered.H.E. Justice Silvia Fernández de Gurmendi, President of the ICC

Honorable Mr. Kula Segaran, MP (Malaysia), PGA Board Member, highlighted that:

Progress comes with patience, and despite the concerns regarding sovereignty, Malaysia is advancing in the direction of a future without impunity. It is our hope that the victims of atrocious acts will receive justice, and the future generations will be protected under the Rome Statute. Acceding to the Statute will enable Malaysia to join the global effort in protecting the most inherent rights to human beings. Since Malaysia has yet to become a member of the ICC, atrocities on Malaysian territories, such as the MH 17 flight, may be committed without international justice consequences. By becoming a member of the ICC, Malaysia would ensure that victims can gain access to justice and apply for reparations before the ICC as the “Court of last resort”, which complements the domestic Court’s system and intervenes only if domestic remedies are unavailable.Honorable Kula Segaran, Secretary of the PGA Malaysia National Group

Following the roundtable discussion, the ICC President met with the Minister of Law Honorable Sri Azalina Othman Said, MP, in the presence of a representative of the Ministry of Foreign Affairs. The Minister of Law expressed her support for the ICC and pledged to look into the existing obstacles towards Malaysia’s accession, such as the lack of national implementation of the Rome Statute and incompliance of some principles of the Rome Statute with the constitution of Malaysia.

The mission ended with a strategy session of stakeholders hosted by the Ambassador of Denmark to Malaysia, H.E. Nicolai Ruge, underlining Denmark’s role as co-facilitator on universality of the ICC.

The mission led to the achievement of several short term results:

• Members of Parliament reconfirmed the importance of international rule of law to fight mass atrocities.

• Members of Parliament called on government to follow up on the 2011 Cabinet decision to ratify the Rome Statute.

• The mission allowed for an increased discussion regarding legislation that will implement the Rome Statute in the domestic legal framework of Malaysia.

• Overall acknowledgement by Parliamentarians and Government officials of the important contributions of the ICC to Malaysia in the area of to human rights, international justice, security, and peace.

These results serve as an important basis to undertake further strategic actions in order to reach the main long-term goal in Malaysia under the PGA's Campaign for the Effectiveness and Universality of the Rome Statute - the accession of Malaysia to the Rome Statute.