This article was originally published in Free Malaysia Today on 09 November 2016.

KUALA LUMPUR: Ipoh Barat MP M Kulasegaran says he has been informed that the Attorney-General (AG) is “processing” the papers on accession to the Rome Statute of the International Criminal Court (ICC).  He disclosed that Deputy Minister of Foreign Affairs Reezal Merican Naina Merican had confirmed this two days ago. Also, he said, Deputy Minister in the Prime Minister’s Department Razali Ibrahim had confirmed this while winding up matters related to ratification of the ICC and the Arms Trade Treaty last night.  “He said the AG’s Chambers was, however, looking through the Rome Statue in detail,” said Kula. “They are concerned on certain matters which may affect the sovereignty of Malaysia.”

Another MP, Thomas Su, had asked a similar question and the Deputy Minister in the Prime Minister’s Department Senator K Devamany had given the same reply, added the Ipoh Barat MP. The Cabinet was the lawful authority to approve international treaties, he pointed out. “It adopted and agreed in 2011 to accession to the ICC,” he recalled. “Hence, no one, including the AG, can now question the decision made by the Cabinet.”

The AG must file the accession to the ICC papers as soon as possible, urged the MP.  He cited two examples as to why accession to the ICC was important.  When Malaysia Airlines Flight MH17 was shot down, Putrajaya could have obtained assistance from the ICC to prosecute the wrongdoers. “We missed a golden opportunity to do so,” lamented Kula.  Secondly, when Malaysia adopted a resolution to condemn the Gaza flotilla raid in 2010, it had to ask Turkey’s assistance to refer Israel to the ICC.

The Cabinet formally announced in March 2011 that Malaysia was acceding to the Rome Statute of the International Criminal Court.  The ICC was adopted via a diplomatic conference in Rome on July 17, 1998, and came into force on July 1, 2002.

So far, 124 countries have become ICC members.

The ICC has jurisdiction over international core crimes known as crimes against humanity, genocide, war crimes and the crime of aggression.