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Asia Update: Issue 3, March 2009  (newsletter of the Coalition for the International Criminal Court)

Lawyer Andrew Khoo discusses Malaysia’s initiatives at applying international law and the citizen’s campaign for ratification of the ICC treaty in this email interview with Asia Update. Khoo is currently co-deputy chair of the Malaysian Bar Human Rights Committee.

Q: What do you think of the Parliamentary resolution, tabled by the Malaysian Government on January 12 to establish an UN-sponsored War Crimes Tribunal to investigate Israel’s offensive on Gaza?

Andrew Khoo: I, as did other members of the Malaysian Bar, welcomed the move to influence the promotion of international peace and stability.  It shows that Malaysia, like many other countries, is mindful of the need for international justice to prevail in this situation. It also shows support for nonimpunity for those responsible for any atrocities committed.  These are very positive acknowledgements.

Q: What about the Kuala Lumpur War Crimes Commission and the Kuala Lumpur War Crimes Tribunal established by the Perdana Peace Foundation in 2007 to investigate and adjudicate war crimes in Iraq?

AK: KLWCC and KLWCT represent a move in the opposite direction.  On the one hand it recognizes that international war criminals should not escape with impunity.  Yet this “go it alone” approach moves us further away from collective international action in this area.  In my opinion, it is an example of false bravado, a misplaced expression of the spirit of “Malaysia Boleh”, and reflective perhaps of primarily one man’s views.   

Rather than start its own parade, Malaysia should grasp this opportunity to promote and encourage the full participation of all nations in the ICC.

Q: The Malaysian Bar Council recently reiterated this call to the Malaysian government to become party to the Rome Statute of the International Criminal Court (ICC). How do you think acceding to the ICC treaty will impact the country?

AK: Malaysia is risking losing a golden opportunity to participate in the development of international criminal law. By not being a member, we are unable to influence the policy-making process, the rules-making mechanisms and the growth of international criminal jurisprudence. Nonmember nations cannot propose judges, a shame given Malaysia’s participation in the International Criminal Tribunal for the former Yugoslavia through the presence on the bench of Tan Sri L. C. Vohrah.  Other Malaysian judges are missing out on similar opportunities.   

Membership to the ICC would also enable us to receive assistance with improving the quality of criminal law in our country, be they for the accused, the victims, the prosecution or the defence, and for the standards and status of criminal law in general.  The inculcation of high standards of justice can only serve to promote greater respect for the institutions of justice (the courts, the judges, the prosecutors, the defence and the law-enforcement agencies) and the rule of law.

One such new way that Malaysia can attempt to “punch above its weight”* is to take the lead with respect to membership in the ICC.   

Already 108 nations have become parties to the ICC.  This reflects the combined desire of the international community to see that those who perpetrate war crimes, crimes against humanity and genocide do not escape international justice with impunity.
 
*This idiomatic expression refers to a level of functioning that is greater than would otherwise be expected. It originates from sports, more especially boxing. To “punch above your weight means to compete in a class higher than for what your weight would otherwise qualify you”. This expression is nowadays used in geopolitics.