N Sivananthan, a panel lawyer with the International Criminal Court, said it was a fact that Malaysian police were looking for two men linked to the crime, believed to be holed up at the North Korean embassy here.
However, neither man enjoys diplomatic immunity, unlike North Korean embassy second secretary Hyon Kwang Song, 44, whose cooperation is also sought over the murder
An arrest warrant is out for Air Koryo employee Kim Uk Il, 37, and a third suspect Ri Ji U, 30, known as James.
“Maybe Pyongyang wants Putrajaya to give Uk Il and Ji U safe passage to leave Malaysia,” Sivananthan told FMT in response to North Korea’s decision after Malaysia expelled its ambassador, Kang Chol.
Youth and Sports Minister Khairy Jamaluddin has described the holding of Malaysians in Pyongyang as “taking hostages”.
In retaliation, Putrajaya has also stopped North Koreans from leaving Malaysia and checks have been tightened at the borders and airports.
Sivananthan said the North Korean reaction could also be due to Malaysia’s refusal to have a joint investigation and to return Jong Nam’s remains to the state.
“Malaysia has every right to reject the proposal as the crime happened here and only local laws and procedures apply.”
He said until and unless the next of kin of Jong Nam positively identify the body and investigations into the cause of death are conclusively determined, Malaysia had the right to retain the body.
“In a criminal trial, the identity of the dead person has to be conclusively proven or else the prosecution’s case will fail.”
North Korea claims the dead man is Kim Chol, the name in the passport which Jong Nam had used to travel. Pyongyang says the 45-year-old may have died of a heart attack.
Malaysian police have identified VX nerve agent as the substance used to kill Jong Nam, the estranged half-brother of North Korean leader Kim Jong Un.
“This is a deadly chemical weapon of mass destruction and I believe investigators would have sent samples overseas for second or third opinions to determine the cause of death,” Sivananthan said.
Earlier today, Prime Minister Najib Razak said Malaysia was looking into what North Korea really wanted.
“This is what we are trying to ascertain but, at the same time, we will not allow North Koreans here to leave the country.”
Najib said the move was necessary to allow room for negotiations.
The prime minister declined to reveal if Putrajaya had initiated direct negotiations with Pyongyang as such information would risk the safety of Malaysians in the host country.
Two women were charged last week with the murder of Jong Nam after his assassination at the KL International Airport 2 on Feb 13 while he was waiting for the 9am flight home to Macau.
They were Indonesian Siti Aisyah, 25, and Doan Thi Huong, 28, from Vietnam.