Malaysia
Greater support for the International Criminal Court in the Asian region is crucial for the growing global fight for the defense of fundamental human rights.
The Coalition for the International Criminal Court and its members are calling on Malaysia to take a major step forward in its commitment to international justice and the rule of law by acceding to the Rome Statute of the International Criminal Court (ICC) as soon as possible.
In October 2005, upon an invitation by the Human Rights Commission of Malaysia (SUHAKAM), statutory body established by the government of Malaysia, the President of the ICC Mr. Philippe Kirsch visited Kuala Lumpur to provide information on the Court’s mandate and jurisdiction. During the visit former Attorney General of Malaysia, Tan Sri Abu Talib Othman, and current chairman of SUHAKAM, reportedly expressed the hope “that Malaysia will seriously consider subscribing to the Rome Statute and submit to the jurisdiction of the ICC.”
Asia remains poorly represented at the Court, and greater Asian participation is needed to ensure that the ICC is enriched by the diverse legal cultures of the region. Currently, Cambodia, Timor-Leste, Republic of Korea, Mongolia, Afghanistan and Tajikistan are the only Asian States Parties to the ICC. Although Thailand, the Philippines and Bangladesh signed the Statute, they have yet to complete the process of ratification. Encouraging reports also confirm that Japan has completed the legislative steps required to accede to the Statute and that it is expected to deposit its instrument of accession in July 2007, making it the 105th state party to the ICC.
Acceding to the Rome Statute would demonstrate Malaysia’s commitment to the ICC as fundamental to ensuring accountability and promoting human rights and international humanitarian law. I hope that Malaysia will continue to lead the Asia/Pacific region forward on the path to the Court, providing a powerful example for other ASEAN states committed to joining the global fight to end impunity.
Take Action Now!
Support the CICC’s appeal by sending letters by mail or fax urging the government of Malaysia to accede to the Rome Statute as soon as possible.
You might like to use the following letter as a guide.
Send your letter to:
Rt Hon Dato’ Seri Abdullah Bin Haji Ahmad Badawi
Prime Minister’s Office Malaysia
Tel: 03 8888 6000
Fax: 038888 3444
Your Excellency,
Five years ago, the Rome Statute, the founding treaty of the International Criminal Court (ICC), entered into force. Since then, 139 states have signed and 104 states have acceded to or ratified this treaty. I am writing to you today to encourage you to move forward with Malaysia’s accession to the ICC treaty and become an additional Asian state party to the ICC.
As you are aware, the ICC is the first permanent, independent court capable of investigating and bringing to justice individuals who commit the most serious violations of international humanitarian law, namely war crimes, crimes against humanity, and genocide. The ICC’s jurisdiction is not retroactive. The Court only has jurisdiction over crimes committed by nationals of states that have ratified the Rome Statute, as well as over crimes committed on the territory of states that have ratified the treaty since its entry into force on 1 July 2002. The ICC is designed to complement existing national judicial systems, but the Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute grave crimes. The specific criteria regulating these provisions are carefully defined in the Statute itself and the ICC’s very existence serves as a strong signal to ensure that these heinous crimes will no longer remain unpunished.
Asia is one of the most underrepresented regions at the Court. Currently, the only Asian states parties to the Court are Cambodia, Timor Leste, Republic of Korea, Mongolia, Afghanistan and Tajikistan. Thailand, the Philippines and Bangladesh signed the Statute, but they have yet to complete the process of ratification. I am encouraged by reports confirming that Japan has completed the legislative steps required to accede to the Statute and that it is expected to deposit its instrument of accession in July 2007, making it the 105th state party to the ICC. Similarly it is also encouraging that Nepal and Indonesia are in the process of preparing for their accession process within the next year.
In October 2005, upon an invitation by the Human Rights Commission of Malaysia (SUHAKAM), statutory body established by the government of Malaysia, the President of the ICC Mr. Philippe Kirsch visited Kuala Lumpur to provide information on the Court’s mandate and jurisdiction. I was encouraged by this invitation and by the comments of the former Attorney General of Malaysia, Tan Sri Abu Talib Othman, who is reported to have expressed the hope “that Malaysia will seriously consider subscribing to the Rome Statute and submit to the jurisdiction of the ICC.”
Acceding to the Rome Statute would demonstrate your government’s commitment to the ICC as fundamental to ensuring accountability and promoting human rights and international humanitarian law. I hope that Malaysia will continue to lead the Asia/Pacific region forward on the path to the Court, providing a powerful example for other ASEAN states committed to joining the global fight to end impunity. I firmly believe that increased ratifications of the Statute by Asian states will help strengthen your regional voice at the Court and result in more meaningful participation in the global struggle to establish a truly fair, effective and independent ICC.
Sincerely,
