PETALING JAYA – Malaysia can set international precedent by initiating legal proceedings in local courts against those responsible for acts of genocide, including Israeli leaders, says former foreign minister Tan Sri Syed Hamid Albar.
From consultations with legal experts, he said it is possible to cite Israeli leaders in the high court here on behalf of victims.
“They (legal experts) explained to me that it is possible to take Israeli leaders to court in the Malaysian high court by the attorney-general on behalf of either Gaza victims who can be brought to Malaysia for (treatment), or Malaysian citizens who were in Gaza during this genocide,” he said in a speech at the 2024 Genocide Memorial Day event held at the International Institute of Advanced Islamic Studies here today.
In his speech, reported by Bernama, Syed Hamid said it is important that Malaysia exert pressure on the International Criminal Court (ICC) prosecutor, Karim Khan, to take the investigation into Israeli crimes more seriously.
Syed Hamid claimed the ICC had been evading its responsibility regarding Palestine, in contrast to the prompt way it acted in relation to Russia’s war on Ukraine.
The ICC is “politicised”, the former Malaysian cabinet member alleged.
Although Malaysia is not a party to the Rome Statute that established the ICC, Syed Hamid said it can still point out the double standards of its prosecutor, as seen by the slow pace of the investigation into Israel.
“We are being asked to ratify the Rome Statute and join the court by many Western states. Now, I ask, why should we, if the court is politicised?
As a non-party to the Rome Statute, Malaysia cannot be among the ICC’s member countries that elect the court’s panel of judges.
However, Syed Hamid said Malaysia can still employ its diplomatic and economic influence to effect tangible change by engaging with international bodies and supporting resolutions to condemn these acts.
Malaysia recently reiterated its endorsement of South Africa’s efforts at the International Criminal Court to uphold justice and condemn the oppressive actions of Israel in Palestine.
The Malaysian government under Pakatan Harapan from 2018 to 2020 attempted to sign on to the Rome Statute but withdrew after severe backlash on grounds that doing so would affect the nation’s sovereignty.
The Genocide Memorial Day event today is an annual commemoration of past and ongoing acts of genocide, while advocating for its prevention. It was started by the International Human Rights Commission in 2010. – January 21, 2024