PUTRAJAYA and the royals are taking “extreme positions” on the Rome Statute, which is an issue that requires more study as it affects the country’s sovereignty, said Muhammad Shafee Abdullah.

The prominent Umno lawyer, who turned up today at a Bar Council forum on Malaysia’s pullout of the treaty against international crimes, accused Putrajaya of failing to engage the public. 

“Why do the two sides take extreme positions? The royalty take the extreme position thinking there would be a problem. But you guys take the extreme position denying the fact sovereignty is affected.

“Sovereignty, for heaven’s sake, is in fact affected,” said Shafee, addressing the forum panel. 

Speaking at the forum organised by the Malaysian Bar were Attorney-General Tommy Thomas, National Human Rights Society (Hakam) president Gurdial Singh Nijar, Yayasan Budi chairman Rais Yatim and Bar Council constitutional law committee co-chairman Surendra Ananth. 

The Rome Statute established the International Criminal Court (ICC), which tries four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression.  

“The attorney-general is here. He, just like any other previous A-G, is all very jealous of about this power under Article 145(3), the power to prosecute. Even the court cannot adjudicate. 

“That discretion is being interfered… if the ICC comes in. 145(3) is being trampled on. Isn’t that an issue of sovereignty?”

Shafee also said the Human Rights Commission of Malaysia (Suhakam), of which he served as commissioner from 2003 to 2009, initiated the study on the Rome Statute. 

“It was not initiated by the Foreign Affairs Ministry, Suhakam started it. We had to pursue it for the ministry to pursue it.”

Shafee also alleged that former attorney-general Abdul Gani Patail had refused to meet ICC’s first president Philippe Kirsch.

He said the Conference of Rulers should have been consulted because the privileges of the rulers are affected.

“So, why not you engage the rulers first and you tell them, look this is the only way you are affected. You are only affected if you are a rogue.”

He said some of the few instances where ICC “can bite” is when a “rogue sultan” acts out of his official capacity.

“I’m all in favour of ICC if you study it properly, engage with the public and engage with the rulers properly, like we did before. 

“But we failed because the A-G was putting the spanner (in the works). What’s the difference between the former A-G and the four professors?

“They’re all putting spanners. But it’s your job to go and engage with the people and explain to them. 

“If you engage with them properly, I can assure you, we got rid of Gani Patail, you will sign Rome.”

Gurdial replied that the Rome Statute is to reconcile the conflict between two objectives – the need to respect the sovereign equality of states from external interference and the commitment to take effective steps to safeguard fundamental human rights. 

“If a state is willing and able to take action against someone who commits these kind of widespread crimes… our sovereignty is not affected. 

“You cannot have the crimes that shock the human conscience. It’s not a question of committing a rape here or slavery there. You must understand that,” said Gurdial, who is also Hakam president. 

He added efforts to ratify the treaty are driven by a need to repair Malaysia’s image. 

“In a way, we have an image problem. As a nation, we have gone down in all the rankings.

“As a country that wants to restore its place among the committee of nations, we have to take some kind of stance. It’s a matter of maruah (dignity).”

He said blame cannot just be levelled at the four academicians, who were advisers doing their jobs in the interest of their clients. 

“Obviously, in my view, the A-G was consulted and gave his views to various royals. You may disagree with them but you cannot discount them as spurious. 

“The professors, on the other hand, gave a view in accordance with what the client wanted. 

“If the royalty in Johor wants you to make a case that this Rome Statute will affect (their sovereignty) come hell or high water, then that (recommendation) will be inevitable.”

Thomas did not address the question by Shafee, who is also lead counsel for Najib Razak in the ongoing SRC International trial. 

The A-G is leading the prosecution and had also initiated contempt proceedings against Shafee for comments the latter made in relation to the trial.

The Attorney-General’s Chambers has also brought four money laundering charges against Shafee for RM9.5 million that he received in 2013 and 2014 from Najib, who was then prime minister. – May 4, 2019.