{"id":3536,"date":"2025-03-30T21:30:07","date_gmt":"2025-03-30T21:30:07","guid":{"rendered":"https:\/\/sanggraloka.com\/why-dutertes-drama-should-prompt-malaysia-to-rethink-its-stance-on-the-icc\/"},"modified":"2025-03-30T21:30:07","modified_gmt":"2025-03-30T21:30:07","slug":"why-dutertes-drama-should-prompt-malaysia-to-rethink-its-stance-on-the-icc","status":"publish","type":"post","link":"https:\/\/sanggraloka.com\/id\/why-dutertes-drama-should-prompt-malaysia-to-rethink-its-stance-on-the-icc\/","title":{"rendered":"Why Duterte’s Drama Should Prompt Malaysia to Rethink Its Stance on the ICC"},"content":{"rendered":"

Should Malaysia genuinely aspire to enhance its international legal standing and demonstrate a steadfast dedication to justice, it should seize this opportunity to rejoin the Rome Statute.<\/p>\n

\n When ex-Philippines President Rodrigo Duterte was
\n arrested in Manila
\n He was then moved to The Hague to face trial at the International Criminal Court (ICC) for allegations of crimes against humanity. His replacement, Ferdinand Marcos Jr., described this transfer as adherence to the nation\u2019s obligations to Interpol.\n<\/p>\n

\n The international law enforcement agency had actually asked for assistance in carrying out the ICC\u2019s arrest warrant. However, it was noteworthy that Manila based its reasoning on the country\u2019s duty to Interpol instead of the ICC.\n<\/p>\n

\n Under Duterte,
\n the Philippines withdrew
\n From the Rome Statute, the treaty that established the ICC, the court maintains jurisdiction over offenses committed in the Philippines during the time when the country was a part of the Rome Statute.\n<\/p>\n

\n Are you looking for insights into the most significant issues and developments globally? Find your answers here.
\n SCMP Knowledge
\n Our latest platform features handpicked content including explainers, FAQs, analyses, and infographics, all provided by our acclaimed team.\n<\/p>\n

\n As a result, the nation’s Department of Justice has found itself
\n entangled in legal gymnastics
\n As Philippine domestic politics grapple with efforts to achieve justice, Justice Secretary Jesus Crispin Remulla bewilderingly justified the arrest under the banner of “international humanitarian law,” a phrase typically associated with the regulations governing warfare.\n<\/p>\n

\n The uneasy intersection of domestic politics and international justice in the Philippines echoes situations from
\n Malaysia’s own short-lived dalliance
\n Six years ago, through the ICC, on March 4, 2019, Putrajaya ratified the Rome Statute and submitted it to the Secretary-General of the United Nations on the same day. However, on April 5 of that year, the administration reversed its decision. By the close of the month, Malaysia was formally removed from the agreement as confirmed by the United Nations.\n<\/p>\n

\n Malaysia\u2019s dedication to the ICC, tracing back to 1998 when the original treaty for setting up the court was agreed upon diplomatically, eventually crumbled due to divisive internal political dynamics. The administration failed to anticipate strong public opposition regarding this issue, leading to confusion caused by inaccurate information about the extent and authority of the court, thereby ensnaring Malaysia\u2019s \u201cthree Rs\u201d \u2014
\n race
\n ,
\n religion
\n and
\n royalty
\n .\n<\/p>\n

\n<\/div>\n

\n The former Prime Minister, Datuk Seri Mahathir Mohamad, who held office at that time, expressed frustration with those attempting to create “confusion among the public by claiming that this law undermines the rights of the Malay community and the rulers.” He emphasized that these claims were baseless.\n<\/p>\n

\n It is now time for Malaysia to reconsider joining and enacting the Rome Statute, especially considering the government\u2019s increased involvement in supporting Palestine via international legal channels. The nation promptly took action.
\n offer political support
\n For South Africa’s 2023 case against Israel at the International Court of Justice based on the Genocide Convention, Putrajaya cited Malaysia\u2019s adherence to the treaty and urged \u201cIsrael to comply with international law and cease its acts of violence against Palestinians\u201d immediately.\n<\/p>\n

\n In January 2024, when the ICJ delivered its provisional measures directive requiring Israel to
\n desist contravening its obligations
\n Following the Genocide Convention, the Malaysian foreign ministry issued a statement supporting the international legal guidelines the subsequent day.\n<\/p>\n

\n When Malaysia aligned itself with various other nations regarding the matter of Palestine through what became known as the Hague Group, their initial declaration made in January included numerous allusions to international law, the ICJ, the ICC, and United Nations resolutions, along with emphasizing the ideals of fairness.\n<\/p>\n

\n\n<\/div>\n

\n These diplomatic efforts have been
\n buttressed by legal action
\n When the UN General Assembly decided to ask for the ICJ’s advisory opinion on the legal implications of Israel\u2019s control over Palestinian territories, Malaysia’s foreign minister went to The Hague in February 2024 to deliver an oral statement during the court’s public hearings.\n<\/p>\n

\n In reality, Malaysia had jointly sponsored the United Nations General Assembly resolution seeking an advisory opinion. Half a year prior, it had presented a detailed written submission asserting that “the entirety of Israel\u2019s occupation along with its policies and actions within the occupied territories infringes upon the right to self-determination under international law.”\n<\/p>\n

\n There is a larger, modern context surrounding these actions that highlights why legal accountability remains crucial.
\n extend to leaders
\n , similar to how it operates within the ICC, instead of involving only states like the ICJ does. Amidst the turmoil shaking the global order due to violations of international norms, treaties being torn apart, and alliances disintegrating, governments face further pressure from their citizens regarding unaddressed issues related to both domestic and international justice.\n<\/p>\n

\n\n<\/div>\n

\n Israel’s conflict in Gaza has demonstrated that occasionally it is the public’s ethical guidelines that set apart a country from its leadership. Prime Minister Anwar Ibrahim’s
\n defiance on Palestine
\n In light of Western leaders’ disregard for international law\u2014and possibly their push for the most egregious breaches\u2014it should serve as a starting point for a more sophisticated public discussion in Malaysia about whether the nation should reassess its decision to join the ICC.\n<\/p>\n

\n The home front discussion in Malaysia will face similar challenges this time due to the enduring polarization within the nation.
\n most taboo topics
\n However, if Malaysia genuinely wishes to enhance its reputation internationally and uphold the values of justice, its leadership ought to capitalize on this outside support to restart the nation\u2019s membership with the Rome Statute.\n<\/p>\n

\n Political will often hinders substantial progress toward accountability. Previously, the absence of Malaysia\u2019s journey toward joining the ICC wasn\u2019t due to a lack of support from Putrajaya\u2019s political will. Instead, it was the insufficient backing from key sections of society that eventually influenced the royal institution via a political lens.\n<\/p>\n

\n These previous lessons ought to provide Malaysia with a more cautious and deliberate strategy for the near term.\n<\/p>\n

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\n The article initially appeared on the South ChinaMorning Post (www.scmp.com), which is the premier source for news coverage of China andAsia.\n<\/p>\n

\n Copyright \u00a9 2025. South ChinaMorning Post Publishers Ltd. All rights reserved.<\/p>","protected":false},"excerpt":{"rendered":"

Should Malaysia genuinely aspire to enhance its international legal standing and demonstrate a steadfast dedication to justice, it should seize this opportunity to rejoin the Rome Statute. When ex-Philippines President Rodrigo Duterte was arrested in Manila He was then moved to The Hague to face trial at the International Criminal Court (ICC) for allegations of […]<\/p>\n","protected":false},"author":1,"featured_media":3537,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[359,1028,408,316,390],"tags":[],"class_list":["post-3536","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-crime","category-criminal-justice","category-international-relations","category-politics","category-politics-and-law"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/sanggraloka.com\/wp-content\/uploads\/2025\/03\/AA1BXngm.jpg","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/posts\/3536","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/comments?post=3536"}],"version-history":[{"count":0,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/posts\/3536\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/media\/3537"}],"wp:attachment":[{"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/media?parent=3536"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/categories?post=3536"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sanggraloka.com\/id\/wp-json\/wp\/v2\/tags?post=3536"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}