Saturday, August 1, 2015

Now the time than ever before for Malaysia to become a member of International Criminal Court (ICC) and make those who shot down MH17 to be accountable.

Media Statement by M. Kula Segaran , MP Ipoh Barat and DAP National Vice Chairman In Ipoh on 31st July 2015
==============================================================================Now Now the time than ever before for Malaysia to become a member of International Criminal Court (ICC) and make those who shot down MH17 to be accountable.

Yesterday the Parliamentarians For Global Action (PGA) Malaysian Chapter held a South East Asia sub-regional seminar on the International Rule of Law and the Protection of Civilians on 30th July 2015 in Kuala Lumpur.

The above seminar, was held in the presence of Parliamentarians from Malaysia, Indonesia and the Maldives.

The meeting is a continuation process of engaging all stake-holders involved in the process of accession to the Rome Statute of the ICC.
At the second PGA Asia–Pacific Parliamentary Consultations on the Universality of the Rome Statute of the International Criminal Court, held in the Malaysian Parliament between March 9-10 in 2011, Parliamentarians had urged Malaysia to ratify the ICC.

Subsequently, in April 2011, the Malaysian Cabinet (the final authority to formalize the ratification of a treaty) announced that the accession to the Rome Statute of the ICC was approved unconditionally and adopted. The only matter outstanding was the process of depositing the instrument of accession.

Unfortunately, until to date , Malaysia has not deposited the instrument of accession with the relevant authority, the Secretary-General of the United Nations.
The importance and relevance of the ICC can be seen when the Malaysian Parliament on 7th June 2010 adopted 15 motions in the aftermath of Israel’s attack on the fleet of ships carrying humanitarian aid bound for Gaza. Two of the motions to be specifically recalled are:

-Motion 5: calling on like minded countries to bring a resolution to the United Nations Security council to refer Israel's attack to the International Criminal Court and
-Motion 7: proposing that Turkey consider action under the Rome Statute of the International Criminal Court.

Yesterday, the widely supported Malaysian proposal to set up a Tribunal to investigate the shooting down of MH 17 over Ukraine at the UN Security Council was vetoed by the Russian Federation through a decision-making process that generate outrage amongst the members of the International Community and, above all, the innocent victims of MH17 and their families.

The innocent victims killed in the MH 17 incident cannot and should not be allowed to fade away. We need justice for the victims and families and bring the perpetrators of this "mass-atrocity crime" to face charges.

We had previously missed the golden opportunity to use ICC membership and consequent ICC jurisdiction to provide internationally-recognized authority and support for the formation of a team to investigate the MH 17 tragedy.

If we can file the instruments of accession now to the ICC, Malaysia will have a unique locus standi to also accept the special jurisdiction of the ICC over the MH17 situation under Article 12(3) of the Rome Statute: These steps will place Malaysia and the victims in a position of strength to call on the ICC Prosecutor to initiate the relevant criminal analysis (preliminary examinations) and consequent investigations.

Palestine has recently created a precedent in this respect when, in January 2015, it acceded to the Rome Statute and, in parallel, it accepted the Court's jurisdiction over the 2014 Gaza war hence providing the ICC, under Article 12(3), retrospective jurisdiction over a specific situation.

Thus now than ever before , it’s a pressing and urgent overdue task for Malaysia to accede to the Rome statute of the International Criminal Court

M. Kula Segaran

No comments:

Post a Comment