Johor ruler Sultan Ibrahim Sultan Iskandar had said that signing the treaty would go against the constitution as it would affect the monarch, Malay rights and Islam.
But Foreign Minister Saifuddin Abdullah (PH-Indera Makhota) said he had already told the King that the constitution would need no amendment in this regard, only substantive legal amendments.
However, he was repeatedly questioned by several opposition lawmakers who asked if the King or Malay rulers can be implicated through criminal probes in the ICC.
The Rome Statute is an international agreement that created the ICC, which serves to complement existing laws in a state to prosecute individuals who commit international crimes, as contained in Article 5 of the statute, such as genocide, crimes against humanity, war crimes and crimes of aggression.
Saifuddin previously said the Cabinet had agreed to sign the treaty after being satisfied that the King, who is also the supreme commander of the federal armed forces, would not be affected.
“We are confident that neither the King nor the Malay rulers… the prime minister or any other leaders have any intention of carrying out any of the four serious crimes,” he said today. “That is the reality.”
He added that the ICC is an independent and free organisation, and a court of the last resort.
“In other words, it will only be sought when a country is unable or unwilling to act on such crimes,” he said.
Azalina Othman Said (BN-Pengerang) said the matter had confused the people and, together with other MPs, urged Saifuddin to clear the air.
However, Saifuddin reiterated that there is “no possibility” of the King being charged.
He added that the consent of the Conference of Rulers is only needed to amend the constitution on nine matters, which does not include Malaysia’s participation in the Rome Statute.
A brief commotion ensued as MPs continued to question Saifuddin before the house stopped the session for lunch.
Reezal Merican (BN-Kepala Batas) said it was clear that the Rome Statute involves the immunity of the King. Wan Junaidi Tuanku Jaafar (GPS-Santubong) agreed, saying the treaty goes against the constitution.
To claims that Malaysia’s accession to the Rome Statute should have been debated in Parliament, Saifuddin said over 100 treaties had been signed without being brought to Parliament.