Since Independence in 1957 until 1984, the Federal Court of Malaysia remained the second highest court in the land, being subordinated to the “Privy Council” in England.
The Judicial Committee of the “Privy Council” is the highest Court of Appeal for the former colonies of the Great Britain empire or known as Commonwealth countries.
Appeals to the Privy Council in criminal and constitutional matters were abolished on 1st Jan 1978.
Appeals to the Privy Council in civil matters were finally abolished on 1st Jan 1985.
1957 – 1984 The Federal Court of Malaysia
1985 – 1994 The Supreme Court (new name)
24th June 1994 The Federal Court (reinstated its original name)
Hence, the date 1st Jan 1985 was celebrated as the nation of Malaysia coming of age.
Transitioning from an inexperienced infant to a mature adult.
From a fledgling democracy to a responsible nation to exercise leadership on the world stage.
So the citizens of Malaysia were saying a joyful goodbye to the Privy Council.
No longer would they go beyond the Malaysian shores to seek for justice or redress;
For the interpretation of Malaysian laws which were infused with local culture and customs.
The Supreme Court was so renamed on 1st Jan 1985 to reflect the change of identity and authority.
Having seized “supreme” control of its judicial destiny of a sovereign nation in the true spirit of liberty.
Truly a sovereign nation of a free people who would not be subjugated to foreign powers or be dictated to – as to the well-being of its own citizens.
Our own local Justices had to grow their feet quickly to fill in the large shoes of the offices of the Supreme Court.
They had to share wisdom and counsel of their deliberations in a self-sufficient judicial system.
It was a time of celebration and jubilation for all the stakeholders of a sovereign Malaysia.
From the YDP Agong, the Council of Malay Rulers, the Executive branch, the Legislative branch, the Judiciary branch; to the diverse people of Malaysia who shared a common destiny.
On 24th June 1994, the Supreme Court reverted back to its original name – The Federal Court of Malaysia – after a controversial and radical rewriting of the Constitution in 1993.
Let me provide a fair and balanced perspective, that all these changes happened during the time of the 4th Prime Minister of Malaysia who was in office from 16th July 1981 – 31st October 2003.
All these changes also happened in the backdrop of the sacking of the Lord President of the Supreme Court and suspension of five Supreme Court Judges in 1988.
Indeed, it was an ugly page of Malaysian history called the Judicial Crisis of 1988.
Fast forward to 1st June 2019, everything will change and the sovereignty of our free nation would be ignominiously reversed.
Malaysia’s ratification of the Rome Statute of the International Criminal Court (ICC) would be official and binding in 60 days time counting from April Fools’ Day.
The dictatorial decision was made by the Prime Minister’s Office (PMO) without consultation with the YDP Agong or the Council of Malay Rulers.
Indeed there was no royal assent, let alone any meaningful consultation with any stakeholders of what they call the “New Malaysia” after 9 May 2018.
This means that the PMO had effectively surrendered all the gains of a sovereign nation to be subjugated by a foreign judicial court.
Why was it named the “Rome Statute”?
The name “Rome” had been associated with the “Roman Empire” a colonial world power.
Indeed this was the mastermind of 9 Crusader Wars within the span of 100 years to capture Jerusalem until Saladin vanquished the invaders.
The Vatican as the smallest country in the world (located in Rome) has a seat in the United Nations.
This is interesting – so, is the Vatican a monarchy, a democracy or a republic?
The Pope has unimaginably great influence over many head of states and governments of nations.
What does the common people in Malaysia understand from jargons like a genocide, war crimes, crimes against humanity and the crime of aggression?
ISIS rampage and targeted killing of Yazidis was definitely a genocide.
I’m not really sure about the violence and killings during May 13, 1969 in Kuala Lumpur.
Or even the Memali Incident during 19 November 1985 in Kedah.
Soon, it’s going to be the 50th anniversary of the infamous May 13 bloodbath.
Don’t count out any smart-Alec (from anywhere in the world) who will submit an application to the ICC for a judicial review of Malaysia’s past.
Now that the PMO had ratified the Rome treaty – there will be no immunity from ICC prosecution for those implicated, whatever their position in Malaysia may be.
Do you remember World War 2 when soldiers from Australia, New Zealand and Britain died in defending Malaya from the Japanese aggression?
Why did these young soldiers have to die and what for?
Simply because their countries had a military alliance and a friendship pact with our country.
Hence, Malaysia is expected to act with mutual reciprocity to send our soldiers to support our friends in military expeditions in time of urgent need.
The world is already moving towards network-centric warfare where alliances are absolutely critical and no one fights alone against a mob.
That’s why Malaysia (Sunni) sent our soldiers to support Saudi Arabia (Sunni) in their war in Yemen (Sunni).
Yemen (Sunni) had experienced a coup (or power grab) from Shitte rebels supported by Iran (Shitte).
“Operation North Thunder” included the allies of Saudi Arabia including Malaysia, Yemen, UAE, Egypt, Bahrain, Sudan, Jordan, Pakistan, Qatar, Kuwait, Morocco, Chad, Maldives, Comoros, Tunisia and Oman.
If Yemen (Iran’s proxy) had become hostile to Saudi Arabia, all of Saudi’s shipping would have been choked completely.
Now Yemen had turned into an horrendous humanitarian catastrophe from incessant bombings and atrocities from both sides.
Critics are calling it a “war crime” and “crime against humanity” while vowing to bring it to the ICC.
By acceding to the Rome Statute, the PMO had subjugated the sovereignty of our Constitution and surrendered the immunity of our leaders in event of the ICC prosecution.
One social media commentary speculated that the hidden motive of Malaysia joining the ICC was to lay a possible prosecution of war crimes (in Yemen) for Datuk Seri Najib Razak who was the former PM.
I really don’t think that this reasoning is an accurate reflection of the true picture.
Nonetheless, the recalcitrant refusal of the PMO to hold consultations with the Council of Malay Rulers concerning the ICC had opened the door to wild speculation.
Do you remember that our previous YDP Agong Muhammad V was still on vacation in Russia when the PMO claimed to have informed the Acting YDP Agong of its intention to ratify the Rome Statute in Dec 2018?
Notification is not the same with consultation or seeking for royal consent.
According to our Constitution, our YDP Agong is the Supreme Ruler of Malaysia and also the Supreme Commander of the Armed Forces.
If Malaysia were to lose our liberty to support friendly nations in military alliances, (under the threat of ICC prosecution)
Then Malaysia will stand alone isolated when a mob of hostile nations threaten us.
In 1979, the Deputy Prime Minister allegedly said that Malaysia will shoot-at-sight ships carrying Vietnamese refugees to Malaysian shores to turn them away.
If that allegation was true and if that eventuality actually caused the death of thousands of refugees, this “crime against humanity” would have become a case for the ICC come 1st June 2019.
Also, we can forget about preemptive strikes against terrorist camps lurking across our borders in Sabah.
That deceptive scenario would seem to be Malaysia’s Armed Forces allegedly committing a “crime of aggression”!
https://www.aljazeera.com/news/asia-pacific/2013/03/2013355257319682.html
What has Malaysia really got to gain by joining the ICC?
Russia is not a member of ICC to answer to the cool-blooded downing of MH 17 in Ukraine.
Neither is the United States, or Singapore, or China, or Israel, or India; even a member of the ICC.
They say that this 94 year-old man – has a razor sharp mind.
Even though he hasn’t got much time left – he does not waste his bullets.
Dark clouds are looming for the perfect storm.
Where do you stand my friend?