KUALA LUMPUR – The Malaysian Bar has pointed to the current violence and civilian casualties from the conflict in Gaza as a reminder of the need for Malaysia to reconsider its move not to sign the Rome Statute of the International Criminal Court (ICC).
"There is simply no valid justification for the horrific indiscriminate attacks in Gaza. Any attacks or counter-attacks in Gaza affecting civilians are atrocities that constitute war crimes," said Bar president Karen Cheah Yee Lynn.
“It is therefore vital that the international community support the investigation and prosecution of those responsible for such blatant violations.
“Accountability is a cornerstone of the rule of law, and it is incumbent upon all of us as part of the collective global community to ensure that those who commit war crimes in Gaza are held accountable for their unlawful actions,” she added in a statement.
Cheah pointed out that the Rome Statute establishes four core international crimes – genocide, crimes against humanity, war crimes, and the crime of aggression.
They represent “a crucial instrument in the global effort to combat impunity and hold perpetrators of the most heinous war crimes accountable for their actions at the ICC,” she stressed.
“The current Gaza conflict serves as a poignant reminder and the pressing need for Malaysia to reconsider becoming a party to the Rome Statute of the International Criminal Court.
“Acceding to the Rome Statute would mean that Malaysia can further demonstrate its commitment to the principles of justice, accountability, and the protection of international humanitarian law and human rights on the international stage.”
She explained that as a state party to the Rome Statute, pursuant to Article 14(1),[4] Malaysia would be able to refer such atrocities to the Office of the Prosecutor of the ICC for investigation and prosecution.
Cheah added that the Bar is mindful that parties engaged in the warfare must not disregard their international obligations under the 1949 Geneva Conventions — international treaties which both Israel and Palestine are party to.
She also expressed the Bar’s firm solidarity with the international community in urging for an immediate ceasefire and advocating a peaceful resolution to the conflict.
“The Malaysian Bar therefore reaffirms its call for the ratification of the Rome Statute, and that all parties involved in the violation of international laws in the current Gaza conflict — whether directly or indirectly — heed this international call for ceasefire and stand accountable for the violations of international laws and commission of war crimes,” she said.
She noted that a ceasefire at this juncture would merely be temporary. The international community must appreciate that a long-term solution for peace in Gaza and the broader region must include upholding the rule of law, she stressed.
Touching on the Global Peace Index in 2023, she noted that it ranks Malaysia as the 19th most peaceful nation in the world out of 163 countries. Palestine is ranked at 134 and Israel is ranked at 143, while Gaza has no ranking.
“The Malaysian Bar therefore resonates with the manner of quantification of the Global Peace Index — that the main factor to achieving peace is attributable to the strength of the rule of law in any nation or the broader region.
“It therefore follows that the rule of law must be strong and prevail in order for the global peace index of any nation to rise correspondingly,” she said. – The Vibes, November 1, 2023
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