PM: Malay rights hinder M'sia from joining S Africa v Israel case

PM: Malay rights hinder M'sia from joining S Africa v Israel case

Zarrah Morden, Alyaa Alhadjri & N Faizal Ghazali
Published: Nov 28, 2024 6:36 PM


Editor’s Note: This article earlier cited Anwar’s remarks in the context of ratifying the UN convention. Malaysiakini apologises for the error.


PARLIAMENT | Malay rights and LGBTQ+ issues are among the obstacles that are ultimately preventing Malaysia from directly participating in South Africa’s application to initiate proceedings against Israel at the International Court of Justice (ICJ).

Anwar said this is because South Africa’s bid is tied to the Rome Statute - which along with the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd) - that Malaysia is not party to.

“It (South Africa’s bid) is tied to the Rome Statute, and up to now Malaysia, in the matter of Icerd and the Rome Statute, has restrictions as the Rome Statute’s provisions cannot be accepted by part of our community, mainly due to the policies of bumiputera rights, the matter of religion, and LGBT, and this has been brought up by the Malay rulers,” he said, verbatim.

Anwar said a parliamentary special select committee could discuss the Rome Statute across party lines.


“I think the parliamentary special select committee can discuss this between parties on how we can move forward, move this issue forward while - meaning, to review the Rome Statute’s provisions and if there is an agreement, then we can continue.

“But I must state that we have some worries looking at the atmosphere and our Federal Constitution’s provisions and the stances of the Malay rulers,” he said.

He was responding to a question from Ahmad Tarmizi Sulaiman (PN-Sik), who asked if Malaysia was willing to withdraw its reservations on Article 9 of the Convention on the Prevention and Punishment of the Crime of Genocide.

Reservations about Rome Statute, Icerd

Malaysia’s reservation is that the country’s specific consent is required before any case involving Malaysia is brought to the ICJ.

In 2019, Malaysia withdrew as a signatory to the Rome Statute, after objections from the opposition and some members of the royalty.

The Rome Statute is the treaty that established the International Criminal Court (ICC).

As for Icerd, Malaysia is one of only two Muslim-majority countries in the world that have not ratified the treaty - the other being Brunei.

The UN initiated Icerd in 1965 to deal with global racial intolerance but in Malaysia, it was perceived as a threat to the “social contract”.


Anwar said despite these obstacles, according to South African President Cyril Ramaphosa, there is no barrier preventing Malaysia from supporting his country’s proceedings against Israel before the International Court of Justice (ICJ).

This includes Malaysia sending a representative to the ICJ and stating its own stance in support of Palestine, the prime minister added.

He said this is despite Malaysia being unable to file its own suit as a non-signatory to the Rome Statute.

“In the matter of genocide, we have announced our stance clearly and I draw your attention to our meeting last week, I said, after we emphasised the matter of genocide, the Colombian president (Gustavo Petro) who received my speech, went on to state that in support of Malaysia’s stance, he insisted that genocide is genocide, meaning that he requested for the G20 to receive that statement on genocide,” Anwar said.