(Oct 27): In April 2019, PAS was reported to have welcomed Malaysia’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

Its spiritual leader Datuk Hashim Jasin then said it was a good move which would benefit Islam, and that PAS held to the principle of supporting any move that was for the good of Islam.

Now — in October 2023 — the MP for PAS, namely Fadhli Shaari (PN-Pasir Mas), asked the government as to why it has yet to take a firmer stance and action in regard to the conflict in Palestine, such as insisting that Netanyahu be brought before the International Criminal Court (ICC).

In simple terms, having opposed the Rome Statute prior to this, PAS suddenly wants Malaysia to bring Israel to the ICC. A reasonable inference would be PAS now badly wants the government to sign and accede to the Rome Statute as ICC and the Rome Statute are closely related. Both are two sides of the same coin.

In responding to the question by the PAS MP, the Malaysian foreign minister replied that Malaysia cannot refer Israeli Prime Minister Benjamin Netanyahu to the ICC over war crimes in Gaza as it is not part of the Rome Statute.

Is PAS blowing hot and cold or is PAS really ignorant of what it opposes and supports?

From the aforementioned parliamentary reply given by the minister, it is implied that Malaysia may refer Israeli Prime Minister Benjamin Netanyahu to the ICC over war crimes in Gaza if Malaysia is a party to the Rome Statute.

Is PAS blowing hot and cold or is Pas really ignorant of what it seeks to oppose and support?

When PAS' spiritual leader peddled to the whole world that Malaysia’s withdrawal from the Rome Statute was a good move, thus benefitting Islam, was PAS implying that the act of Palestine, in acceding to the Rome Statute, was repugnant to Islam?

PAS may possibly have overlooked that in January 2, 2015, Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN secretary general. Hence, the Rome Statute entered into force for Palestine on April 1, 2015.

Truth be told, I am in doubt as to whether PAS really understood when its leaders sought to oppose and accept the Rome Statute.

Mohamed Hanipa Maidin
Former deputy minister of law, MP for Sepang
Oct 27, 2023