Malaysia should reconsider joining the Rome Statute of the International Criminal Court (ICC) in light of the Gaza conflict, according to the Malaysian Bar. President Karen Cheah noted that the ongoing violence in Palestine should prompt Malaysia to reassess its stance.
Malaysia had initially signed the Rome Statute but rescinded its ratification due to what Cheah called “misguided concerns”. She stressed the importance of consultation, mentioning that the country’s accession was canceled in 2019 due to concerns about jeopardizing the position of the Malay Rulers.
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Cheah emphasized the importance of the consultation process, stating that it allows the government to effectively communicate its intentions and purposes to stakeholders. The Rome Statute outlines four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. It is a crucial instrument in the global effort to combat impunity and hold perpetrators of war crimes accountable at the ICC.
During her speech at the Opening of Legal Year 2024, Cheah also expressed the Bar’s solidarity with the Palestinian Bar, which had sought support from its Malaysian counterpart in light of the ongoing crisis. The Malaysian Bar condemned the atrocities committed by Israel in Gaza and pledged to support South Africa’s legal proceedings at the International Court of Justice.
The Malaysian Bar offered assistance at the ICJ proceedings and expressed its commitment to preventing any country from using genocide as a defense for war crimes.
