Asean criminal court needed

THE time has come for the Association of South-East Asian Nations (Asean) to strongly consider establishing its own criminal court at the regional level to protect the interests of its 650 million people and guarantee their human rights.

The necessity for such a court comes amid the ongoing inhumane treatment, persecution and possible ethnic cleansing of the Rohingya people in Myanmar.

Having such a special court at the Asean level is crucial as it can perform as a legislative body to monitor the conduct of all 10 member states towards their citizens.

It should also be allowed to carry out any criminal prosecution of any of the regional governments or individuals who have breached international human rights conventions and norms or committed hideous crimes towards their people or any people within the Asean region.

The functions and powers of such a special court can follow the model adopted by the International Criminal Court (ICC) that sits in The Hague, the Netherlands, which has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.

The ICC has four principal organs, namely the Presidency, Judicial Division, Office of the Prosecutor, and Registry.

The President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases before the Court.

The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division.

The Registry is headed by the Registrar and charged with managing all the administrative functions of the ICC, including the headquarters, detention unit and public defence office.

The above suggestion will take a lot of time, energy and even money to turn into reality.

Most importantly, it will take a lot of commitment and even agreement among the 10 Asean members to create or establish such a special court.

It will also require major amendments to the current Asean Charter, Agreements, Protocols, and Instruments or even the creation of a new charter entirely for the purpose.

While this suggestion may seem to some as attractive only in theory, it will send a clear signal to all governments in the region that the era of mass killings and persecution has come to an end.

And they must respect the laws and rights of the people because their actions will not be forgotten or ignored without any legal consequences or responsibility. It is just a matter of time before the above suggestion becomes reality.

DR MUZAFFAR SYAH MALLOW

Faculty of Syariah and Law

Universiti Sains Islam Malaysia