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The inauguration of the International Criminal Court (ICC) established under the Rome Statute represents a milestone in the efforts on the part of the international community to secure universal respect for human rights and fundamental freedoms of individuals throughout the world.

Few topics are of greater importance than the fight against impunity and the struggle for peace, justice and human rights in conflict situations in today's world. From as early as 1951, the establishment of an international criminal court was considered essential if there was to be no gap in the enforcement of international law. The International Court of Justice deals with cases between States and not individuals. Without an international criminal court as an enforcement mechanism for dealing with individual responsibility, crimes against humanity, acts of genocide and severe violations of human rights often go unpunished. The Rome Statute and the ICC are well placed to fill that gap. Building on the principles established at Nuremberg in recognition of the fact that crimes against international law are committed by men and not abstract entities, they bring to an end the impunity of leaders or, for that matter, any other individual. In furtherance of this purpose, action can be taken where national criminal justice institutions are unable or unwilling to act. The permanence of the court and the breadth of its mandate distinguish it from ad hoc tribunals such as the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Furthermore, advanced provisions for the protection of victims from retraumatization as well as provisions allowing the ICC to order appropriate reparation will ensure justice and some measure of reconciliation.

The ICC however only has jurisdiction over individuals who are nationals of States that have ratified the Rome Statute. As of May this year, 90 States have ratified it. Regrettably, for reasons which are unclear, Malaysia has not.

The Malaysian Bar is of the view that there is no plausible basis for the continued opposition to the ICC that a reluctance to ratify the Rome Statute signifies. Malaysia must not be seen as shirking its obligations as a member of the international community. The events of recent times including the unwarranted attacks on Afghanistan and Iraq have made these obligations even more poignant. Any concerns that the Malaysian Government may have over ratifying the Rome Statute must be explained to the Malaysian people and quickly addressed.

The Bar Council urges the Government to ratify the Rome Statute without further delay.

Dated this 4th day of June 2003.

Haji Kuthubul Zaman Bukhari
Chairman
Bar Council

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