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Sunday, October 29, 2023

Reconsider stance on Rome Statute, Putrajaya told


FMT:

Reconsider stance on Rome Statute, Putrajaya told



Lawyer Gurdial Singh Nijar and ex-MP Charles Santiago call for Malaysia to sign up as a member given its support for Palestine.


Gurdial Singh Nijar and Charles Santiago said signing the Rome Statute would allow the country to seek international justice for war crimes and related violations.


PETALING JAYA: A senior lawyer and a former MP have called on Putrajaya to sign the Rome Statute if it is serious about pursuing legal action in the International Criminal Court (ICC) for crimes committed against the Palestinian people.

Lawyer Gurdial Singh Nijar said the alternative route of addressing international crimes via the United Nations Security Council (UNSC) was “not ideal” due to the “very political” nature of the UN body.

“Currently, every resolution presented in the UNSC regarding humanitarian ceasefires and similar matters is facing opposition and veto, primarily because of the veto power held by the five major powers,” he told FMT.

The five countries with veto powers are the US, China, France, Russia and the UK.

“Specifically, the US is exercising its veto authority to block these resolutions,” Gurdial added.

He said signing the Rome Statute would allow the country to seek international justice for war crimes and violations.

He was commenting on foreign minister Zambry Abdul Kadir’s recent explanation in Parliament that Malaysia cannot refer Israeli prime minister Benjamin Netanyahu to the ICC over Israel’s atrocities against Palestine as it is not a party to the statute.

The government withdrew from the global treaty four years ago, with then prime minister Dr Mahathir Mohamad saying he was forced to do so due to the confusion which arose over the issue within the country.

Mahathir said the issue had been politicised to smear the Pakatan Harapan government’s reputation.

Former Klang MP Charles Santiago agreed that, in light of its efforts to support the Palestinian people, the way forward for Malaysia was to become an ICC member.

“If Zambry believes there’s a deficiency in our approach, it would be advisable to formally adopt the Rome Statute.

“Considering Prime Minister Anwar Ibrahim’s efforts to engage with Middle Eastern nations in advocating for Palestinian rights, we should take this into account,” he said.

Santiago cited how Gambia, an ICC member, was able to drag Myanmar to the international court in 2019 over alleged violations of the Genocide Convention against the Rohingya people.

The Rome Statute, an international treaty adopted in 1998, currently boasts 123 signatory countries. It grants the ICC authority to prosecute crimes of genocide, crimes against humanity, war crimes and crimes of aggression.

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