Well, once again Mahathir stands out, and Anwar fails to speak out with courage consistent with the values and principles of Malaysia.
Mahathir's 'double standard' point is GOOD as ICC's lack of action against Israeli Prime Minister Nethanyahu is right - noting Nethanayu's arrest warrant was issued in November 2024(or before) - but still he is not arrested, compared to Duterte whose warrant was issued just in March 2025..
Judges on the ICC said there were reasonable grounds that the three men bore “criminal responsibility” for the alleged crimes committed “from at least 8 October 2023 until at least 20 May 2024” – the day the Prosecution filed the applications for warrants of arrest – the Court said in a press release. “With regard to the crimes, the [Court’s Pre-Trial Chamber I] found reasonable grounds to believe that Mr. Netanyahu…and Mr. Gallant…bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” said the ICC.The arrest warrants followed the ICC’s rejection of Israel’s challenges to the Court’s jurisdiction. - UN News, 21/11/2024
In the warrant of arrest it issued on 7 March 2025, Pre-Trial Chamber I determined that there are reasonable grounds to believe that Mr Duterte bears criminal responsibility for the crime against humanity of murder. - International Criminal Court, 12/3/2025
For some crimes, it is difficult to rely on local courts, and thus the need for an International Criminal Court - but the Malaysia, embarrassingly, does not formally acknowledge this
Malaysian Prime Minister Anwar Ibrahim on Friday called the International Criminal Court's (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant as a "monumental victory." The decision "marks a monumental victory for all who champion justice and humanity," the premier said after Friday prayers in Putrajaya. - AA, 22/11/2024
0n 15/2/2019, Malaysia acceded to the Rome Statute of the International Criminal Court (ICC),...Malaysia stands ready to work together with all State Parties in upholding the principles of truth, human rights, rule of law, fairness and accountability. - Ministry of Foreign Affairs Malaysia - 4/3/2019
Then, the U-Turn, 'On 5 April 2019, Prime Minister, Tun Dr Mahathir Mohamad, announced Malaysia’s withdrawal from the Rome Statute after the government fell prey to political confusion and criticism from the opposition parties, Umno and Parti Islam SeMalaysia, and the crown prince of Johor, for its decision to accede the Rome Statute in March."We are withdrawing not because we think that the Rome Statute is bad for us, but because of the political confusion that has been created," announced Prime Minister, Tun Dr Mahathir Mohamad.- Coalition for the ICC, 12/4/2019
Prime Minister Anwar's statement on AA, 22/11/2024 praising ICC's issue of arrest waraant for Netanyahu is 'HYPOCRITICAL' when Malaysia itself has yet to accede to the Rome Statute of the International Criminal Court (ICC) that will place Malaysia also under the jurisdiction of the ICC.
Would PM Anwar Ibrahim manage to succeed, where PM 7 failed - signed and then withdrew within about 2 months. Will Anwar Ibrahim acede to the Rome Statute, and acknowledge the jurisdiction of the International Criminal Court?
Tunku Ismail claimed that the Rome Statute, which governs the International Criminal Court – that only deals with genocide, crimes against humanity, war crimes, and the crime of aggression – would threaten the position of the Yang di-Pertuan Agong, Malays and Islam.
HYPOCRISY - If Malaysia does not accede the Rome Statute and acknowledge the jurisdiction of the International Criminal Court, more so after Anwar acknowledges it, saying 'The premier described the decision as reasonable, saying it was based on the law and evidence of oppression, cruelty and killings. He said if Netanyahu makes any visits abroad, he should be arrested.' Malaysia saying that ICC good - but do not agree if ICC investigate, arrest and prosecute Malaysians - be it Prime Minister, some Minister, the King or some Rulers for genocide, crimes against humanity, war crimes, and the crime of aggression..? Will any innocent person take such a position? Only the guilty MAY ... Malaysia believes in HUMAN RIGHTS and certainly oppose criminals that commit crimes of genocide, crimes against humanity, war crimes and any/other crimes, so Malaysia must bravely acknowledge the International Criminal Court and its jurisdiction fast...not delay for fear that some Malaysian leader or Ruler may be hauled before the ICC in the future for such evil CRIMES...
The current King then was perceived as an OBJECTOR - will PM Anwar Ibrahim be STRONG and accede to the Rome Statute and the jurisdiction of the ICC?
Malaysia must accede to the jurisdiction of the International Criminal Court, International Court of Justice and such courts because then we can take legitimately action against such International Criminals like Netanyahu and Israel...
I hope that our current PM Anwar Ibrahim would overcome his 'fear' and speak up strongly for human rights and justice, even if it means speaking up against Trump, US, powerful nations, ...uphold the cause of justice without fear or favour. There is so many things that Trump has said and done, that is against human rights and justice, but sadly our PM Anwar has not publicly protest such evil proposals and action - WHY? WHY?
Malaysia needs to maintain our values and principles, and not be 'silent' or 'weak' in our responses. If Anwar does this, then he will gain respect, not only in Malaysia but also worldwide ...
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Summary
Former prime minister Dr Mahathir Mohamad points out contradictions between the International Criminal Court's detention of former Philippine president Rodrigo Duterte and the lack of action against Israeli Prime Minister Benjamin Netanyahu.
Mahathir says Netanyahu is accused of "more serious" crimes but can escape arrest due to power.
Former prime minister Dr Mahathir Mohamad has criticised the International Criminal Court (ICC) over supposed double standards in its actions against suspected criminals.
Mahathir drew a comparison between the ICC's arrest and subsequent detention of former Philippines president Rodrigo Duterte as well as the apparent lack of action against Israeli Prime Minister Benjamin Netanyahu.
"(Duterte's detention) is according to international law, but of course, it is only applicable when the person is not powerful enough to resist or deny the right of the ICC.
"Netanyahu (is) also a criminal and has been found to have committed more serious crimes (where) thousands of people have been killed.
"But the ICC is not able to do anything and has to see the crime being committed over and over again," Mahathir told reporters after a buka puasa event in Putrajaya last night.
While the ICC had issued an arrest warrant against Netanyahu in November last year for alleged war crimes in Palestinian territories, he was reportedly able to visit the US last month.
He is also said to have plans to visit Hungary next month, marking his first visit to a European country since the ICC issued its arrest warrant against him and former Israeli defence minister Yoav Gallant.
Duterte’s arrest
Duterte, however, was arrested on March 11 by Philippine authorities in Manila acting on an arrest warrant issued by the ICC.
Detained at the ICC Detention Centre in The Hague, Netherlands, Duterte is accused of crimes against humanity linked to his war on drugs.
It was previously reported that the Philippine Senate would be investigating Duterte's surrender to the ICC to establish whether due process was followed, following concerns about illegality and potential foreign intervention.
Yesterday, the office of the president of the Philippines, Malacanang, rejected claims that the country surrendered its sovereignty over Duterte's transfer to the ICC.
Presidential Communications Office Undersecretary and Palace Press Officer Claire Castro explained that the government was acting under the Republic Act 9851, which grants authorities the power to surrender or extradite accused individuals in the Philippines to the appropriate international court. - Malaysiakini, 21/3/2025
Malaysian premier says ICC warrants for Netanyahu, Gallant a 'monumental victory'
Decision would alleviate suffering of the people in Palestine, Anwar Ibrahim tells reporters
ANKARA
Malaysian Prime Minister Anwar Ibrahim on Friday called the International Criminal Court's (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant as a "monumental victory."
The decision "marks a monumental victory for all who champion justice and humanity," the premier said after Friday prayers in Putrajaya.
He said the decision would alleviate the suffering of the people in Palestine.
The premier described the decision as reasonable, saying it was based on the law and evidence of oppression, cruelty and killings. He said if Netanyahu makes any visits abroad, he should be arrested.
The Hague court, in a landmark move on Thursday, issued arrest warrants for Netanyahu and Gallant after accusing them of committing crimes against humanity and war crimes in Gaza.
The court said it "found reasonable grounds" to believe that Netanyahu and Gallant "bear criminal responsibility" for "the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts."
Israel’s offensive in Gaza, which continues since the Oct. 7, 2023 Hamas attacks, has killed more than 44,000 Palestinians, most of them women and children.
The onslaught has displaced almost the entire population of the territory, and a deliberate blockade has led to severe shortages of food, clean water and medicine, pushing the population to the brink of starvation.
*Writing by Islamuddin Sajid - AA, 24/11/2024
"I would like to say thank you to the Malaysian government for listening to the people's voice to withdraw from the Rome Statute which was ratified in March.
"I would also like to say thank you for respecting the views of the Conference of Rulers," he said in a statement today.
Sultan Ibrahim said he will continue to defend the sovereignty of the country, as well as the harmony of its people.
"I hope the government will always prioritise the people's interest over political interest."
On Friday, Mahathir announced that Malaysia was withdrawing from the Rome Statute following objections from various quarters.
Johor crown prince Tunku Ismail Sultan Ibrahim is among the most vocal critics of the treaty.
Tunku Ismail claimed that the Rome Statute, which governs the International Criminal Court – that only deals with genocide, crimes against humanity, war crimes, and the crime of aggression – would threaten the position of the Yang di-Pertuan Agong, Malays and Islam.
Mahathir had said the move was not because the international treaty was bad, but due to the confusion created by "one particular person who wants to be free to beat up people."
"If he beats up people again, I will send the police to arrest him, I don't care who he is," he added.
Mahathir also claimed that there was an attempt to get the rulers to sign an order against him.
Yesterday, Mahathir's successor-designate Anwar Ibrahim, when asked if Mahathir could be referring to any politician, said it was a "particular personality from a royal family."
Anwar said he was certain as he had met Mahathir to discuss the matter. - Malaysiakini, 7/4/2019
PRESS RELEASE : MALAYSIA ACCEDES TO THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
MALAYSIA ACCEDES TO THE ROME STATUTE
OF THE INTERNATIONAL CRIMINAL COURT
On 15 February 2019, His Majesty the Yang Di-Pertuan Agong XVI Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah ibni Sultan Haji Ahmad Shah Al-Musta’in Billah was informed by the Minister of Foreign Affairs of the decision of the Cabinet for Malaysia to accede to the Rome Statute of the International Criminal Court (ICC). Prime Minister had previously written to His Majesty acting Yang Di-Pertuan Agong on 26 December 2018, informing the latter of the Cabinet’s decision on the matter.
The ICC was established in 2002 and is governed by the Rome Statute. The ICC is the first permanent, treaty-based, international criminal court, with the objective to end impunity against the perpetrators of the most serious crimes of concern to the international community, namely genocide, war crimes, crimes against humanity and crimes of aggression.
As a responsible member of the international community, Malaysia stands firm by its belief in the rule of law and acknowledges ICC’s complimentary role to existing domestic laws. Malaysia’s accession to the Rome Statute reflects its commitment in combating international crimes for global peace and security.
Following the decision of the Cabinet during its meeting on 12 December 2018, the Minister of Foreign Affairs, Dato’ Saifuddin Abdullah signed the Instrument of Accession to the Rome Statute of ICC on 4 March 2019. The instrument was deposited to the Secretary-General of the United Nations on the same day.
Malaysia stands ready to work together with all State Parties in upholding the principles of truth, human rights, rule of law, fairness and accountability.
PUTRAJAYA
4 March 2019 - Ministry of Foreign Affairs Malaysia
Malaysia backtracks on accession to the Rome Statute
Malaysia’s decision to withdraw from the Rome Statute of the International Criminal Court (ICC) has been a disappointing move, after only a month of signing the accession instrument. The Coalition for the International Criminal Court – a global network of more than 2,500 civil society organizations in 150 – countries strongly urges the state to reconsider its withdrawal.
On 5 April 2019, Prime Minister, Tun Dr Mahathir Mohamad, announced Malaysia’s withdrawal from the Rome Statute after the government fell prey to political confusion and criticism from the opposition parties, Umno and Parti Islam SeMalaysia, and the crown prince of Johor, for its decision to accede the Rome Statute in March.
"We are withdrawing not because we think that the Rome Statute is bad for us, but because of the political confusion that has been created," announced Prime Minister, Tun Dr Mahathir Mohamad.
ICC is the world’s only permanent institution to investigate and prosecute genocide, war crimes, crimes against humanity, and the crime of aggression. The decision not to join the ICC is a step back for Malaysia in its fight for global justice. According to Article 126 (2) of the Rome Statute, Malaysia's accession is yet to enter into force on 1 June 2019.
Bill Pace, Convenor for the Coalition for the ICC, called on the government of Malaysia to continue its way forward: “We call on Malaysia to reconsider this position, and we remain at the disposition of the country’s authorities to assist in addressing misconceptions around the mandate of the ICC. The principle of complementarity, the Rome Statute’s guiding pillar, ensures that national judicial systems retain primary jurisdiction in investigating and prosecuting alleged perpetrators of crimes under international law, a clear sign of respect for state sovereignty”, stated Pace during a week-long mission to Kuala Lumpur. In addition, Mr. Pace called on Malaysia to lead the rest of the region by example, signaling that, in these current times, “No region will have a greater impact on the fate of major challenges confronting the international legal order than the Asia-Pacific region.”
The Malaysian Bar also expressed deep concerns at the government’s decision, affecting Malaysia’s international credibility, and it continues to support Malaysia’s ratification to the Rome Statute. “The Malaysian Bar will persist with our longstanding advocacy for Malaysia’s accession to the Rome Statute, as well as to the remaining six core international human rights instruments and their optional protocols,” noted President, Abdul Fareed Abdul Gafoor.
Malaysia’s accession
The Malaysian government’s U-turn on its ratification, backtracks the years of work that civil society and activists have worked, pushing towards human rights accountability in the Asian region. Local and international organizations have been actively campaigning for South-Asia including Malaysia, to accede to the Rome Statute including the Coalition’s Campaign for Global Justice (CGJ). In 2011, the hard work paid off when the Malaysian government announced its decision to accede, following support from both the Executive and the Parliament. However, due to technical issues, the process was delayed for several years.
On March 4, Foreign Minister, Datuk Saifuddin Abdullah deposited the instrument of accession to the Rome Statute of the ICC, and stated that Malaysia wanted to join the ICC to “combat international crimes”, but that accession will be "subjected to Malaysia’s conditions." The signed document was deposited to the United Nations Secretary-General on the same day.
Malaysia’s accession was welcomed by the civil society which set an example to encourage other Asia-Pacific government to commit to ending impunity for the worst crimes in international law. This announcement came before the Philippines’ withdrawal from the Rome Statute which came into effect following President Duterte’s decision of last year to leave the Court in the face of an ongoing preliminary examination
One of the objectives towards Malaysia's accession to the Rome Statute was to bring justice to the Rohingya refugees at the ICC. In February 2019, the Malaysian Foreign Minister, Saifuddin Abdullah stated the importance to "punish the criminals of atrocities against the Rohingyas in the court." He further added that they will not refuse the Rohingya to seek refuge in their country. Over 88,880 Rohingyas are now living in Malaysia, according to the United Nations.
Reason for withdrawal
After the announcement of Malaysia’s accession to the Rome Statute, the opposition leader, Ismail Sabri Yaakob, called for a withdrawal from the Rome Statute, stating that, “any laws that touch on the interests of the Malay Rulers cannot be done without the permission of the Conference of Rulers,” an issue that has been contested by human rights and constitutional lawyers, as well as government officials in Kuala Lumpur.
The Crown Prince of Johar also stood against Malaysia’s ratification as he believed that it could “threaten the nation’s sovereignty and thus, the status of Malays and Islam.” He continued to call the ratification as “unconstitutional.”
Misconceptions surrounding the issue of sovereignty played a major role in this decision, which led to government officials and supporters of the ICC in Malaysia to reflect on the lack of education and understanding, at all levels, of the Rome Statute of the ICC. In addition, there is a need to clarify that immunities for Rome Statute crimes, for high-level officials, including the Conference of Rulers, are circumscribed under domestic legislation and to state that the ICC is a court of last resort and can only intervene if the signed national authority is unable or unwilling to deliver justice for the grave international crimes.
The decision not to accede also resulted into a demonstration outside the Parliament on 8th April, demanding the resignation of the Foreign Minister Saifuddin Abdullah and Attorney-General Tommy Thomas.
Conclusion
Malaysia’s withdrawal comes five months after they decided not to sign a UN treaty against racial discrimination. Coalition for the ICC urges the Malaysian government to ratify the Rome Statute and continue to work together towards global justice against war crimes, crimes against humanity and genocide. - Coalition for the ICC, 12/4/2019
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