8 April 2019
7 April 2019
Academics stoked fear of Agong losing immunity under Rome Statute, leaked paper shows
KUALA LUMPUR, April 7 — A group of student activists today leaked the alleged executive summary of a briefing by four academics to the Conference of Rulers, that ultimately led to Putrajaya withdrawing its ratification of the Rome Statute.
In the document, the four academics warned the Malay rulers that the Yang di-Pertuan Agong (YDPA) may be prosecuted by the International Criminal Court (ICC) as the supreme commander of the country’s armed forces.
“The YDPA’s role as the supreme commander is not simply symbolic or ceremonial,” said the paper’s summary.
It claimed that the YDPA’s position fulfils the Statute’s Article 28(a) as a military commander with “effective command and control.”
“Since the YDPA is the head of state, the YDPA falls under the jurisdiction of the ICC although the Rome Statute has not been inserted into the country’s legislation,” it said.
The assertion was made despite Wisma Putra’s clarification to the YDPA that he cannot be held responsible for the four core international crimes covered by the statute — genocide, crimes against humanity, war crimes, and the crime of aggression — as the legal responsibility lies with the prime minister and the Cabinet.
The paper was purportedly prepared by Universiti Teknologi Mara’s deputy vice-chancellor and dean of Faculty of Law Prof Datuk Rahmat Mohamad, International Islamic University of Malaysia’s law lecturer Assoc Prof Shamrahayu Ab Aziz, and Universiti Sains Islam Malaysia’s law lecturers Fareed Mohd Hassan and Hisham Hanapi.
Malay Mail is currently seeking comments from the four academics.
The nine student activists who leaked the paper claimed that it was presented to the Conference of Rulers on April 2.
Yesterday, Foreign Minister Datuk Saifuddin Abdullah confirmed that the rulers held an informal meeting on that date to discuss the issue, and Rahmat was among the four people called besides himself.
24 March 2019
PULAU CAREY, March 24 — The Federal Constitution will guide Malaysia’s ratification or adoption of any global treaties and conventions, the prime minister said today.
Citing the Rome Statute of the International Criminal Court, Tun Dr Mahathir Mohamad said acceding did not mean Malaysia would apply any portions that contradict the Federal Constitution.
As for the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that Putrajaya previously sought to ratify, he said this would also have been according to Malaysia’s conditions.
“In this country, there are certain things they want to do under the Rome Statute which we cannot do in this country,” he explained.
Saying there were treaties that allowed absolute personal freedoms including same-sex unions, he said such practices were unsuitable for Malaysia and would consequently not be adopted.
“There are now men who marry men, women marry women; I don’t know what they do when they marry, but they are very funny people.
“We don’t want to be funny people like them, that we don’t accept, we accept only the good ones,” he said after launching the Sayangi SawitKu campaign at the Sime Darby Ladang East palm oil plantation here.
Johor’s Sultan Ibrahim Sultan Iskandar yesterday said Putrajaya’s attempt to ratify ICERD and assenting to the Rome Statute were unconstitutional as they affected the special rights of the Malays.
23 March 2019
Johor ruler Sultan Ibrahim Sultan Iskandar has slammed Putrajaya in his birthday speech, accusing them of violating the Federal Constitution by signing the Rome Statute.
Sultan Ibrahim said this, along with the attempt to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (Icerd), had touched on the monarchy, Malay privileges, and the sanctity of Islam.
“Anyone who touches on the rights and powers of a monarch or state government has violated national laws and can be considered traitors.
“The federal government’s intention to ratify Icerd and sign the Rome Statute is a move that is against the Federal Constitution because it touches on the powers of the monarch, Malay special privileges, and the sanctity of Islam in this country,” he said today.
Johor Crown Prince Tunku Ismail previously accused Putrajaya of undermining the Conference of Rulers when it proceeded to accede to the treaty without prior consultation.
He had claimed that the move would render the Malay rulers irrelevant and impact the status of Malays and Islam in Malaysia.
Wisma Putra had previously stated that the matter was presented to the Yang di-Pertuan Agong.
It had also stressed that that the position of the monarchy will not be threatened by signing the statute.
The Rome Statute governs the International Criminal Court (ICC), which tries four core international crimes – genocide, crimes against humanity, war crimes and crimes of aggression.
Sultan Ibrahim said Putrajaya must remember the social contract on which Malaya was built on.
“The government must remember the social contract in the history of forming Malaya, where the privileges of Malays and the powers of the Agong and Malay rulers can’t be touched or reduced.
“As such, I wish to remind the government to not follow any international conventions to get recognition from outsiders, but will, in the end, destroy national sovereignty and threaten the peace of its own people,” he added.
Previously Prime Minister Dr Mahathir Mohamad had taken a swipe at Tunku Ismail for criticising Putrajaya’s move to sign the Rome Statute.
“He is not an elected representative. He is only speaking for himself,” Mahathir said.
Meanwhile, Putrajaya had backed down on plans to ratify Icerd after protests from Malay groups including PAS and Umno.
11 March 2019
@null “Dia bukan wakil rakyat” – Tun M jawab TMJ Tun Dr. Mahathir Mohamad menyifatkan https://t.co/y1moxK6s6G
Dr Mahathir Mohamad had written to then acting Yang di-Pertuan Agong Sultan Nazrin Shah about the Rome Statute on Dec 26, 2018.
Statut Rom: TMJ bukan wakil rakyat, kata Dr Mahathir https://t.co/uNlfSlNlA9