KUALA LUMPUR (8 DECEMBER 2024) – The Human Rights Commission of Malaysia (SUHAKAM) commends the International Criminal Court’s (ICC) for the recent issuance of arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, his former defence minister Yoav Gallant and a senior Hamas official. The move signifies a crucial step towards accountability for the gravest violations of international human rights law in Gaza, including genocide, ethnic cleansing and crimes against humanity. This decision by the ICC underscores the global community’s shared commitment towards upholding justice and the rule of law in the face of egregious acts that contravene fundamental liberties and human rights.
It is estimated that the current death toll in Gaza has exceeded 44,300. According to UN sources, between Nov 2023 and April 2024, 70% of Palestinian deaths in Gaza are women and children.
The Rome Statute of the International Criminal Court (ICC) allows the prosecution of those responsible for international crimes, such as genocide, crimes against humanity, war crimes and crimes of aggression. The ICC was established in 2004 after the Rome Statute was adopted on 17 July 1998. Currently there are 124 States who are parties to the Rome Statute.
Sadly, Malaysia is not a party to the Rome Statute.
SUHAKAM, since 2005, has consistently been advocating for Malaysia to be a party to the Rome Statute. SUHAKAM is of the view that acceding to the Rome Statute will be a legal avenue for Malaysia to bring justice to all victims of human rights violations.
It is to be recalled that in 2019 the Malaysian government, upon the advice of the then Attorney-General, almost acceded to the Rome Statute. Malaysia had deposited with the United Nation the instrument of accession to the Rome Statute. This was followed by the Foreign Affairs Ministry issuing a press release announcing Malaysia’s accession to the Rome Statute. Unfortunately, before the accession could legally take effect, the government had to withdraw it due to strong opposition from some quarters.
Had Malaysia been a party to the Rome Statute, we would be able to refer the atrocities committed in the Gaza conflict to the Office of the Prosecutor of the ICC for investigation and prosecution.
SUHAKAM consistently supports international mechanisms that advance the protection of human rights. SUHAKAM had previously supported decisions by other international judicial bodies, such as the International Court of Justice (ICJ), whenever such decisions align with SUHAKAM’s mandate to advocate for the protection and promotion of human rights. Similarly, SUHAKAM views the ICC’s actions as essential in addressing systemic violations, including the deprivation of basic necessities like water and food, acts of oppression and ethnic cleansing, all of which represent severe affronts to human dignity.
Consistent with the position and role taken by Malaysia with respect to the plight of the Palestinian people and the atrocities committed by Israel, SUHAKAM urges the Government of Malaysia to reconsider its position and to now imminently accede to the Rome Statute. Accession would mark a significant step towards demonstrating Malaysia’s sincerity and commitment towards addressing international crimes, upholding justice and contributing actively to the international human rights framework.
SUHAKAM calls on all stakeholders, both domestically and internationally, to support actions aimed at holding perpetrators of gross human rights violations accountable. Let us remember that justice for victims transcends borders and is a shared responsibility of the global community.
In conclusion, SUHAKAM remains committed to championing human rights, advocating for justice and speaking out courageously and transparently against violations, irrespective of geographical or political considerations.
-TAMAT-
The Human Rights Commission of Malaysia (SUHAKAM)
Date: 8 December 2024
MS 
EN