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ICJ OK for Iraq, but not OK for Malaysia?

Malaysia looks upon the International Court of Justice for justice to Iraq, but would not, after insisting it would, recognise ICJ advisories. Malaysia's former permanent representative to the UN and once UN General Assembly president, Tan Sri Razali Ismail, insists only in that forum could the UN's "violation of its own principles on human rights" could be exposed. "The sanctions on Iraq have never been brought to the ICJ," he said, "... (and this) could be the final option not just for government but for civil society by petitioning the court". Malaysia, "sensitive to the public's feelings", would petition the ICJ "if there is enough ground support". Noble sentiments. The right stance.

But when the ICJ, in an advisory opinion, the only type it delivers, said the UN rapporteur for judiciary and the law, Dato' Param Cumaraswami, had immunity for what he said within his brief, the Malaysian courts refused to accept it. This, despite a solemn assurance by the government it would abide by it. Is it national policy then, that it would support ICJ decisions if it relates to foreign countries but not when it applies to it? Or would it reject any advisory it does not agree with? Malaysia has at least two territorial claims before the ICJ: one with Singapore over who owns Pedro Branca, the other with Indonesia over who owns Sipadan and Litigan islets.

Malaysia's judiciary gave itself a black eye when it refused to accept the UN advisory over Dato' Param's immunity as an UN special rapporteur. Uncertain worries of judicial independence had local and foreign companies resort to resolving disputes through arbitration, usually in foreign countries. While Iraq deserves all the help it can get to lift the sanctions against it, Malaysia is not prepared to follow ICJ advisories ordering it to respect UN rapporteur's immunity. Even Tan Sri Razali did not comment on it when he could have. Malaysia must make amends and inform the world community it would respect ICJ decisions, that the courts made a mistake. Until it does, its blotted copybook would remain so. And its noble intention towards Iraq largely ignored.

M.G.G. Pillai
pillai@mgg.pc.my