PUTRAJAYA: Malaysia needs to reconsider becoming a party to the Rome Statute of the International Criminal Court (ICC) in light of the Gaza conflict, says the Malaysian Bar.
Its president Karen Cheah said the ongoing violence in Palestine served as a poignant reminder for Malaysia to reassess its stand.
According to Cheah, Malaysia had signed on to the Rome Statute but rescinded its ratification owing to "misguided concerns".
"This reminder relates to my point on the importance of the consultation process as we may recall in 2019, Malaysia signed the Rome Statute but made a U-turn when, with all due respect, misguided concerns were raised that Malaysia’s accession would jeopardise the position of our Malay Rulers.
"(This was) a misunderstanding that could have been avoided with two-way communication, by way of proper consultation," she said in her speech at the Opening of Legal Year 2024 here on Monday (Jan 15).
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A consultation process, Cheah said, was important as a powerful means for the government to effectively communicate its intentions and purposes to stakeholders.
The Rome Statute establishes four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression; and represents 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.
In her speech, Cheah also declared the Bar's solidarity with the Palestinian Bar.
She said the Palestinian Bar had reached out to its Malaysian counterpart for support as Palestinians are going through horrific times.
"The Malaysian Bar wishes to hereby declare that we stand shoulder to shoulder with our brothers and sisters at law in Palestine, to condemn the atrocities of genocide and war crimes committed by Israel in Gaza and wholly support the legal proceedings commenced by South Africa at the International Court of Justice.
"The Malaysian Bar stands ready to render all assistance at the ICJ proceedings, by way of intervention if necessary, so that no country can use genocide as a defence and an excuse to commit war crimes," she added.
