Malaysia’s accession of the Rome Statute

Malaysia’s accession of the Rome Statute was done hastily without considering the serious legal implications, especially towards Malaysia’s sovereignty and the YDP Agong’s immunity.

Article 27 of the Rome Statute provides that immunity or special regulations applicable to anyone in office under domestic and international laws will not hinder the International Criminal Court from enforcing its authority on such persons. This Article is an important aspect that encroaches upon the immunity of the Yang di-Pertuan Agong and the Malay Rulers under Article 32(1), Article 181(2), Article 182 and Article 183 of the Federal Constitution. In this matter, any amendment towards the Federal Constitution that involves the special rights and immunity of the Yang di-Pertuan Agong and Malay Rulers needs the prior approval of the Malay Rulers’ Council, in line with Matter (4) of Article 38 of the Federal Constitution.

The question is whether the matter had been discussed by the Rulers’ Council before the cabinet and government decided to accept the Rome Statute? To my knowledge, from what was shared with me by His Majesty Tuanku, is that it was not discussed.

HRH Major General Tunku Ismail Ibni Sultan Ibrahim, Crown Prince of Johor