Malaysia and the Rome statute: the issue of sovereignty

The announcement of Malaysia’s accession to the Rome Statute on March 4, 2019 was met with strong objection by the opposition and some stake holders. One of the main arguments made by those who opposed the Rome Statute was that “it will, in the end, destroy national sovereignty.” Although the argume...

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Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Article
Language:	English English
Published:	IIUM Press, International Islamic University Malaysia 2019
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/77609/ http://irep.iium.edu.my/77609/ http://irep.iium.edu.my/77609/1/Prof%20Ghafur%20-%20IIUMLJ%2027%282%29%202019.pdf http://irep.iium.edu.my/77609/7/77609_MALAYSIA%20AND%20THE%20ROME%20STATUTE_wos.pdf

id	iium-77609
recordtype	eprints
spelling	iium-776092020-03-06T02:01:54Z http://irep.iium.edu.my/77609/ Malaysia and the Rome statute: the issue of sovereignty Hamid, Abdul Ghafur@Khin Maung Sein K Law (General) The announcement of Malaysia’s accession to the Rome Statute on March 4, 2019 was met with strong objection by the opposition and some stake holders. One of the main arguments made by those who opposed the Rome Statute was that “it will, in the end, destroy national sovereignty.” Although the argument appears to be political rhetoric, it has already injected confusion among the general public and painted a dark picture that the Rome Statute is a hegemonic law that will rob Malaysia of its sovereignty. The main purpose of the present paper, therefore, is to set the record straight and to prove the simple fact that entering into a treaty is in fact a clear exercise of a State’s sovereignty and not to lose sovereignty. First of all, the paper reappraises the concept of sovereignty: in its original form and its evolution from 16th century to 21st century, on the basis of State practice, doctrine, and judicial pronouncements. Secondly, arguments against the Rome Statute made by some powerful States are analyzed and rebutted. Thirdly, Malaysia’s situation is objectively evaluated in the light of a comparison between the Rome Statute and other onerous treaties to which Malaysia has already been a party. The paper concludes with the findings that the traditional concept of ‘absolute sovereignty’ is no longer relevant in the contemporary interdependent world, that States with their own free will as a rule restrict their sovereignty to subject themselves to international law, and that Malaysia by no means will lose its sovereignty by acceding to a treaty while most importantly the Government must first of all need to convince the people that it is a right thing to do – it is beneficial to the people of Malaysia or it can achieve the higher aim of protecting the humanity. IIUM Press, International Islamic University Malaysia 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/77609/1/Prof%20Ghafur%20-%20IIUMLJ%2027%282%29%202019.pdf application/pdf en http://irep.iium.edu.my/77609/7/77609_MALAYSIA%20AND%20THE%20ROME%20STATUTE_wos.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2019) Malaysia and the Rome statute: the issue of sovereignty. IIUM Law Journal, 27 (2). pp. 279-316. ISSN 0128-2530 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/509/252
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Hamid, Abdul Ghafur@Khin Maung Sein Malaysia and the Rome statute: the issue of sovereignty
description	The announcement of Malaysia’s accession to the Rome Statute on March 4, 2019 was met with strong objection by the opposition and some stake holders. One of the main arguments made by those who opposed the Rome Statute was that “it will, in the end, destroy national sovereignty.” Although the argument appears to be political rhetoric, it has already injected confusion among the general public and painted a dark picture that the Rome Statute is a hegemonic law that will rob Malaysia of its sovereignty. The main purpose of the present paper, therefore, is to set the record straight and to prove the simple fact that entering into a treaty is in fact a clear exercise of a State’s sovereignty and not to lose sovereignty. First of all, the paper reappraises the concept of sovereignty: in its original form and its evolution from 16th century to 21st century, on the basis of State practice, doctrine, and judicial pronouncements. Secondly, arguments against the Rome Statute made by some powerful States are analyzed and rebutted. Thirdly, Malaysia’s situation is objectively evaluated in the light of a comparison between the Rome Statute and other onerous treaties to which Malaysia has already been a party. The paper concludes with the findings that the traditional concept of ‘absolute sovereignty’ is no longer relevant in the contemporary interdependent world, that States with their own free will as a rule restrict their sovereignty to subject themselves to international law, and that Malaysia by no means will lose its sovereignty by acceding to a treaty while most importantly the Government must first of all need to convince the people that it is a right thing to do – it is beneficial to the people of Malaysia or it can achieve the higher aim of protecting the humanity.
format	Article
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Malaysia and the Rome statute: the issue of sovereignty
title_short	Malaysia and the Rome statute: the issue of sovereignty
title_full	Malaysia and the Rome statute: the issue of sovereignty
title_fullStr	Malaysia and the Rome statute: the issue of sovereignty
title_full_unstemmed	Malaysia and the Rome statute: the issue of sovereignty
title_sort	malaysia and the rome statute: the issue of sovereignty
publisher	IIUM Press, International Islamic University Malaysia
publishDate	2019
url	http://irep.iium.edu.my/77609/ http://irep.iium.edu.my/77609/ http://irep.iium.edu.my/77609/1/Prof%20Ghafur%20-%20IIUMLJ%2027%282%29%202019.pdf http://irep.iium.edu.my/77609/7/77609_MALAYSIA%20AND%20THE%20ROME%20STATUTE_wos.pdf
first_indexed	2023-09-18T21:49:28Z
last_indexed	2023-09-18T21:49:28Z
_version_	1777413671436156928

Malaysia and the Rome statute: the issue of sovereignty

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