When former Philippines president Rodrigo Duterte was arrested in Manila and transferred to The Hague to stand trial at the International Criminal Court (ICC) on charges of crimes against humanity, his successor Ferdinand Marcos Jnr explained the handover as compliance with the country's commitments to Interpol.
The international police organisation had indeed requested cooperation in executing the ICC's arrest warrant. But it was notable that Manila premised its justification on the Philippines' obligation to Interpol rather than to the ICC.
Under Duterte, the Philippines withdrew from the Rome Statute, the treaty upon which the ICC was founded. However, the ICC retains jurisdiction over crimes committed in the Philippines while the state was still party to the Rome Statute.
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Consequently, the country's Department of Justice has found itself entangled in legal gymnastics 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.
The uneasy intersection of domestic politics and international justice in the Philippines echoes Malaysia's own short-lived dalliance 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, as confirmed by the United Nations, Malaysia had formally annulled its involvement in the agreement.
Malaysia’s dedication to the ICC, tracing back to 1998 when the original treaty for establishing the court was agreed upon diplomatically, faced an inevitable collapse due to divisive internal political dynamics. The administration failed to gauge the strength of public opposition effectively, leading to widespread confusion about the court’s authority and scope, which intricately linked with three key areas of national concern often referred to as the "three Rs” in Malaysia’s local discourse. race , religion and royalty .
The former Prime Minister, Mahathir Mohamad, who held his position during these events, expressed frustration with those attempting to spread "confusion among the public, suggesting that this law undermines the rights of the Malays and the rulers." He firmly stated that such claims were "completely unfounded."
The moment has come for Malaysia to reconsider joining and enacting the Rome Statute, especially considering the government’s increased engagement with international legal mechanisms concerning Palestine. The nation moved swiftly in this direction. offer political support For South Africa's 2023 case against Israel at the International Court of Justice (ICJ) based on the Genocide Convention, Putrajaya highlighted Malaysia’s adherence to the treaty and urged “Israel to comply with international law and halt its offenses against Palestinians” immediately.
In January 2024, when the ICJ delivered its interim measure directive requiring Israel to desist contravening its obligations Following the Genocide Convention, the Malaysian Foreign Ministry issued a statement supporting the international legal guidelines the subsequent day.
When Malaysia allied itself with various other nations regarding the issue of Palestine under 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, alongside emphasizing concepts of fairness.
These diplomatic initiatives have been buttressed by legal action . When the UN General Assembly resolved to request the ICJ's advisory opinion on the legal consequences of Israel's occupation of Palestinian territories, Malaysia's foreign minister travelled to The Hague in February 2024 to submit an oral statement at the court's public hearing session.
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's occupation along with its policies and actions within the occupied territories infringes upon the right to self-determination under international law."
There is a larger, modern context surrounding these actions that highlights why legal accountability remains crucial. extend to leaders , similar to how it operates within the ICC, instead of involving only states like the ICJ does. Amidst the turmoil reshaping the global landscape due to breaches of international norms, treaties being torn apart, and partnerships disintegrating, governments now face an extra layer of challenge from their citizens concerning unaddressed issues related to both national and international justice.
Israel's conflict in Gaza has demonstrated that occasionally it is the public's ethical guidance that sets apart a country from its leadership. Prime Minister Anwar Ibrahim's defiance on Palestine In light of Western leaders’ disregard for international law—and possibly their determination to participate in its most severe breaches—an opportunity arises for more sophisticated discussions among the Malaysian populace about whether the nation should reassess its intention to join the ICC.
The domestic discourse in Malaysia will face similar challenges this time due to the ongoing polarization prevalent in the nation. most taboo topics However, if Malaysia genuinely wishes to enhance its reputation on the global legal platform and demonstrate its dedication to judicial integrity, its leadership ought to capitalize on this outside support to kickstart the nation’s re-entry into the Rome Statute.
Political will often serves as an obstacle to taking substantial steps toward accountability. Previously, the absence of Malaysia’s journey toward joining the ICC wasn’t due to a lack of support from Putrajaya’s political will. Instead, it was the insufficient backing from major sections of the populace that eventually influenced the royal institution via a political lens.
These previous lessons should provide Malaysia with a more cautious and deliberate strategy for the near term.
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