'Gov't confident neither Agong nor PM will commit genocide'

PARLIAMENT | Saifuddin Abdullah was today grilled in the Dewan Rakyat over the government's decision to ratify the Rome Statute, which governs the International Criminal Court (ICC).

However, the foreign minister maintained that the ratification would not impact the Yang di-Pertuan Agong's immunity from prosecution.

He added that the government was confident Malaysian monarchs and leaders would not engage in the four crimes dealt with by the ICC – genocide, crimes against humanity, war crimes, and crimes of aggression.

"The government is confident that the Yang di-Perutan Agong or any Malay rulers – prime minister or any other leaders – do not have intentions to commit such serious crimes," he said.

However, Azalina Othman Said (BN-Pengerang) asked what the consequences would be if any Malaysian leader did commit one of the four international crimes.

Saifuddin responded by saying that he prayed that no such scenario would take place, but if it did, it would be dealt with through the country's own justice system, and that the ICC would only step in if Malaysia was incapable or unwilling to deal with the issue.

Addressing questions about the possibility that the king could be held liable, Saifuddin pointed out that the monarch acts on the advice of the prime minister.

"It's true that Article 41 of the Federal Constitution states that the Yang di-Pertuan Agong is the head of the armed forces, but it should be read with Article 40 that states the Agong acts on the advice of the prime minister."

Royal consent?

Saifuddin remained coy, however, when asked by Reezal Merican Naina Merican (BN-Kepala Batas) whether the government had received the king's consent to accede to the Rome Statute.

“The question does not arise,” the minister said.

Saifuddin then reiterated that he had met Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah twice on the issue, and was also instructed by the king to provide an explanation, which Wisma Putra complied with on March 10.

He noted that the Rome Statute is not among the nine matters related to constitutional amendments that require consultation with the Conference of Rulers.

He also pointed out that the previous BN government had ratified more than 100 treaties without going through Parliament.

BN MPs continued to heckle Saifuddin for a "yes or no" answer on the Agong’s consent to the treaty until the end of Saifuddin's winding-up speech.

Dewan Rakyat deputy speaker Mohd Rashid Hasnon finally asked Saifuddin to wrap up his speech, and for the Home Ministry to begin its winding-up speech.

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