By 
Nabil Ruhaizat
justflix/WIKIMEDIA COMMONS, August 6, 2018
As international expectations rise, Malaysia is pressured to ratify the Rome Statute, with rights advocates warning that without a formal commitment to the International Criminal Court, its calls for accountability in Gaza and Myanmar continue to be ineffective.
It is not foreign critics but Malaysia’s own stated commitments that now demand follow-through. While the country positions itself as a vocal advocate for Palestinian rights and regional accountability in Myanmar, it has yet to ratify the Rome Statute, a foundation of the International Criminal Court (ICC). In addition to this, Malaysia has now also become one of the founding members of the Hague Group – a coalition of countries committed to removing impunity for those that partake in atrocity crimes. It is true that Malaysia has publicly committed itself to strengthening its international legal norms; however, its posture is being undermined by its refusal to ratify the Rome Statute and, in doing so, limiting its ability to act through the court it is seeking to legitimise.
This inconsistency recurs for Malaysia. Despite participating in the 1998 Rome Conferences and the 2010 Review Conference, it never amounted to anything. Again, in 2019, the Pakatan Harapan government announced its plans to ratify the Statute, but that effort collapsed due to backlash from Malaysian ethno-nationalists. They claim that Article 28 of the Statute risks making the titular head of the armed forces – Malaysia’s constitutional monarch – vulnerable to accountability on the global stage. This claim was clarified by Malaysia’s then Attorney General, who pointed out that “The statute targets those with operational command”. In spite of attempts to rectify this misconception, the damage had already been done.
Malaysia still lacks the standing to refer cases, push for investigation, and even participate in ICC proceedings. This absence is felt in its Palestinian cause and its role as the chair of ASEAN, where Rohingyans have yet to be “justiced”. Without formal ratification of the Rome Statute, Prime Minister Anwar Ibrahim’s words against atrocities in Gaza and Myanmar are unable to be acted upon.
As chair of ASEAN, Malaysia has the platform, and as a member of the Hague Group, it has the responsibility. However, without its commitment to the Rome Statute, Malaysia will continue to fail in its “middle power” mission of upholding global justice. In this context, Multilateralism demands more than rhetoric; it demands Malaysia’s participation. PM Anwar Ibrahim has the opportunity to transform Malaysia’s principal beliefs into real, lasting commitment. Malaysia’s decision to join the ICC will signal whether it upholds justice or accepts being a bystander to impunity.
Sources and Further Readings:
Malaysia must walk the talk on international justice
Malaysia’s ASEAN Chairmanship: Facing Treacherous Geopolitical Headwinds
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