The government is still reviewing the possibility of becoming a member of the International Criminal Court (ICC), the Dewan Rakyat was told today.

In answering a question from M Kulasegaran (DAP-Ipoh Barat), parliamentary secretary to the Foreign Ministry Ahmad Shabery Cheek said the Attorney-General's Chambers is studying the matter and no decision has been made yet.

"There's no need for us to rush headlong into it," Ahmad Shabery, adding that "many other big powers" had yet to join.

Signing the "Rome statute," which established the court, or ICC, would force Malaysia to change some of its existing laws, and there were concerns over the interpretation of certain terms, said Ahmad Shabery, who did not elaborate.

The ICC is an independent, permanent criminal court in The Hague that tries persons accused of genocide, crimes against humanity and war crimes.

The statute was adopted in 1998, and the ICC came into being in 2002.

Kulasegaran, who was dissatisfied with the answer, sought to know as to why the government is not ready to become a member when several neighbouring countries have already signed up.

"More than 105 countries are ICC members. Those who are not a member have at least signed the bilateral immunity agreement. Why aren't we a member?" he asked.

"I need to know if this matter has been discussed in the cabinet meeting, and whether a decision will be made soon as our stand has disappointed the civil society."

Peaceful country

Ahmad Shabery (BN-Kemaman) explained that becoming a member of ICC means changing many laws in the country.

"For instance, in the ICC, the prosecutor is also the investigator. However, in our country, prosecutions and investigations are done by two separate parties. We would need to change the whole system if we want to become a member," he said.

He also said there are certain things that need to be clarified before becoming a member of the ICC.

"ICC needs to clarify on matters pertaining to nuclear weapons and weapons of mass destruction. It also needs to provide a clearer definition on issues like terrorism," he said.

He added that Malaysia does not need to become a member because it is a peaceful country without any history of war.

"Most European countries have been involved in wars. And they do not want to go into wars again. That's why they become a member," he said.

He also described countries such as the United States, which has signed the treaty but refused to join the ICC as "very irresponsible".

"The US government had even implemented the American Service Members Protection Act, which provides authority to the president, who's free to use his military power to release his army who were convicted by the ICC. People say this is a type of an invasion law," he said.

"With countries like these, we have to really study the matter before becoming a member."