PAKATAN Harapan critics are being hypocritical for surrounding the Rome Statute in controversy, as it was the former Barisan Nasional government that had decided to ratify it, said Attorney-General Tommy Thomas.

Thomas said the BN administration had decided in March 2011 to ratify the statute, but it was not implemented.

“The Pakatan Harapan government decided to implement a decision by the former government,” he said at a forum on the Rome Statute in Kuala Lumpur today.

“This is the hypocrisy of the debate around this subject. It has been made controversial by lies and misconceptions.”

Prime Minister Dr Mahathir Mohamad said Malaysia had backtracked on its promise to ratify the statute fearing that it would be used by certain quarters to overthrow the PH government.

Thomas said the Rome Statute covers only four crimes of international concern, and did not apply to offences covered by national laws.

These crimes are genocide, war crimes, crimes of aggression and crimes against humanity, said Thomas. It does not cover offences such as kidnapping, rape and murder, which are prosecuted by local enforcement agencies.

“These crimes (that are covered under the Rome statute) don’t exist in Malaysia and are not in our local laws.

“So, what’s all the fuss about? This is absolutely ridiculous.”

The International Criminal Court, which was established through the Rome Statute, will also only prosecute the above serious crimes when local law enforcement is unable to do so.

“So, if Malaysia prosecutes someone for genocide then the ICC is not triggered. ICC is only a back up.”

Thomas also dismissed the idea that the Rome Statute and ICC would take away the immunity of Malay rulers and the king, even while in Malaysia.

This was another reason that the statute’s opponents used to force Malaysia not to sign the treaty.

Thomas said a constitutional ammendment in 1993 had stripped the rulers of immunity from prosecution in criminal and civil matters.

“The only difference between them and the rest of us is that they are tried at a special court. But it is impossible for them to gain sovereign immunity anywhere if it has not existed for the past 25 years.” – April 27, 2019.