Tommy Thomas Noor Faridah And Prof Shad Fighting For A Worthless Statute
DAP Charles Santiago's grouse with the four "Professor Kangkung" was for warning the Malay Rulers that as Supreme Commander, the Agong is open to the risk of being prosecuted by the International Criminal Court (ICC).
It is no new substance as Tun Dr Mahathir insinuated of a vocal royal wanting to oppose the Rome Statute for the pleasure of beating people up.
If Tommy Thomas said at the UM Forum that there is no such risk since any military action require cabinet approval, then Mahathir must be laying the blame to TMJ, as Supreme Commander of the Johor Military Force.
As said before, the Rome Statute issue could have been laid to rest if not for the stubborn Foreign Minister, Dato Saifuddin Abdullah.
He not only superceded the Prime Minister to sign the statute without his consent, but intend to accede to the Rome Statute by ignoring the announced withdrawal.
TMJ quoted Dato Mukhriz reportedly hope for the statute to be ratified. It only exposed Boboi's limited understanding in the workings of international conventions and statutes.
The immediate effect to Malaysia upon becoming a party to any international conventions and statutes is laws must be amended to reflect the articles within the conventions and statutes.
Then one could see the real impact as is happening in Saudi Arabia where as a party to ICERD, they are required to allow the issuance of liquour and night clubs licenses. There was a big demonstration in Riyadh against it recently.
Naturally, provisions for special status of Islam, syariah court, Bumiputera rights, Malay royalties, national language, native rights, native courts, etc. could be deemed as discriminatory or inhumane or whatever criteria suited those few making ultimate decisions on the suitability.
It will require a Constitutional amendment and its continuity with Malaysia's past history severed by neo-colonialist.
The liberal groups are hiding this fact from the public, especially the Malays on the ground on the real effects of signing international instruments
Malaysia practises dualism or in other word, it is a dualist state which separate international and domestic law.
Any international instrument officially ratified or recognised has to be applied in the domestic law. Hence absorbing articles of ratified international instruments into domestic law means it becomes Malaysia's written law too.
In other words, international statutes and convention will impose their will on our sovereignty.
No tidak apa here even if said by the country's AG or renown immigrant law Prof Shad Saleem Faruqi. It is not these few individuals without any locus standi to represent any constituencies or group of citizens to determine.
So what, Noor Faridah?!
Dato Noor Faridah exposed that BN cabinet were looking into ratifying the statute back in 2011 had it not been vehemently opposed by the then AG.
Without going any further, the diplomat that disastrously failed to defend Pulau Batu Putih but now promoting her immoral "sense of morality" conveniently witheld the name.
The then AG was Tan Sri Gani Patail who is now politically on the PH side of the political divide.
He was mistakenly made AG by the then fourth Prime Minister, who happen to claim to be the coumtry's saviour and seventh Prime Minister to correct the wrong initiated by the fourth.
The former Foreign Minister did not carryout the ratification agreed by cabinet members and as Noor Faridah claimed, all agencies being seek for feedback agreed to it.
Believe she lied.
And, what is the issue if someone spotted something wrong and the respective cabinet member held back on the ratification for precaution sake.
Those in red did not retify Rome Statute, orange and purple are withdrawn signatories
Why is she so keen on ratifiying a statute that have been deemed worthless by major superpowers of the world.
Where lies the credibility and enforcibility of the statute when superpowers US, China, Russia etc. are not members?
Recently, the US openly opposed the ICC, banned and revoke the visas of ICC prosecutors from entering US to carryout the investigation on US atrocities in the Afghanistan war. Subseqquently the ICC judges prohibited the prosecutors from pursuing the US.
ICC had no power to investigate non-member Myanmar for the state sponsored genocide in Muslim Rohingya.
The only legitimacy it has was for the offense of force deportation to member state Bangla Desh.
Again, nothing yet done on Myanmar.
Philipines had withdrawn from the ICC in March and Malaysia did the stupid thing to ratify it in March, but then did a U turn to wthdraw a month later.
Subject to confirmation, believe other neighbours where there could be possible conflicts such as Singapore, Thailand and Indonesia are not signatories to the Rome Statutes.
The issue of the enforceability of ICC have long been questioned. It has become apparent that ICC is only pursuing atrocities commited in African countries that Gambia and Burundi African have withdrawn.
The UK representatuve had once criticised ICC for the wastage of resources chanelled to the ineffective ICC in both executing its role and gaining support of the international community.
The Malaysian eager beaver left wing and liberals are overly excited to conform to the superficial international human rights practises in conventions and statutes like ICERD and Rome Statutes.
In 2017, the former US Ambassador to the UN, Nikki Haley called the UN Human Rights Council as corrupt.
The name is American, but she is a Punjabi immigrant, and was a two times Governor of South Carolina. She is a potential US Presidential candidate and maybe not yet for 2020.
It is telling as to where the future of the Rome Statute. Yet some Malaysians are so overzealous to ratify a worthless piece of statute.
To be continued
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