Critics of Rome Statute ‘catapulting’ Agong to absolute monarch, law expert says
The Yang di-Pertuan Agong, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, inspects the guard of honour before the opening of the second session of the 14th Parliament in Kuala Lumpur March 11, 2019. — Picture by Firdaus Latif
“Basically that is the major error or the major presumption, and I agree whoever effectively in command should be liable under the ICC. However, I don’t agree with the argument that the Yang di-Pertuan Agong is effectively in command of the armed forces,’’ he toldMalaysia is a constitutional monarchy, where the authority of the sovereign is stipulated by the Constitution and not supreme, unlike absolute monarchy.
“What they have not taken note is that the YDPA performs his functions nominally; in fact, they are performed by the government of the day,’’ Shad said. The academics argued that the YDPA’s role as the supreme commander of armed forces is not simply symbolic or ceremonial, and fulfills the Statute’s Article 28 as a military commander with “effective command and control.”to the YDPA that he cannot be held responsible for the four core international crimes covered by the statute — genocide, crimes against humanity, war crimes, and the crime of aggression — as the legal responsibility lies with the prime minister and the Cabinet.
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