马来西亚对罗马规约的认知、知识与接受

I. Sualman, Nuurianti Jalli
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引用次数: 0

摘要

: 2019年4月5日,马来西亚总理马哈蒂尔宣布,马来西亚将退出《国际刑事法院罗马规约》,理由是政府迫于政治压力被迫退出。在马来西亚,罗马规约的批准据说可以削弱马来国王的权力。《罗马规约》是建立国际刑事法院(ICC)的条约,于2002年生效。任何签署《罗马规约》的国家基本上都同意承认国际刑事法院的权力。该条约赋予国际刑事法院管辖权,以惩罚规约第5条所述的四种具体罪行,即1)种族灭绝罪,2)危害人类罪,3)战争罪和4)侵略罪。迄今为止,全球已有122个国家加入了该公约。马来西亚退出该条约的决定受到了批评人士的仔细审视,他们声称,马来西亚政府向公民进步迈出了一步。今天,马来西亚与北韩、中国、沙特阿拉伯和索马里等国一样,是尚未批准《罗马规约》的少数国家之一。本研究旨在探讨马来西亚对罗马规约的接受程度。我们进行了一系列访谈,以探讨对规约的认知、认知和接受程度,以及对马来西亚决定退出条约的反应。调查发现,虽然一些举报人支持《罗马规约》,称国际刑事法院是对马来西亚现有法律的补充,并起到制衡作用,但其他人反对批准条约的想法。其中一个原因是,该法令将削弱马来统治者的权力,并将引起不同种族人民之间的不和。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Perception, Knowledge, And Acceptance Of Rome Statute In Malaysia
: On April 5, 2019, Prime Minister Mahathir Mohammad announced that Malaysia would withdraw from the Rome Statute of the International Criminal Court (Rome Statute) citing that the government was forced to do so due to political pressure. In Malaysia, the ratification of the Rome Statute was said to be able to undermine the power of the Malay Kings. Rome Statute is a treaty that established the International Criminal Court (ICC) that came into force in 2002. Any country that signs the Rome Statute fundamentally agrees to recognize the powers of the ICC. The treaty gives jurisdiction to ICC to penalize four specific crimes as stated in Article 5 of the statute which are 1) genocide, 2) crime against humanity, 3) war crimes, and 4) crimes of aggression. To date, 122 countries across the world are part of the convention. Malaysia’s decision to withdraw from the treaty has been scrutinized by critics, asserting that the government has taken a step backward civil progressiveness. Today, Malaysia is among the minority of the countries that have yet to ratify the Rome Statute alongside countries like North Korea, China, Saudi Arabia, and Somalia. This research aims to look at the acceptance of the Rome Statute in Malaysia. A series of interviews were conducted to explore the perception, knowledge, and acceptance of the statute as well as the reactions on Malaysia’s decision to withdraw from the treaty. It was found that while some of the informants supportive of Rome Statute, citing ICC as a complement to the existing law in Malaysia and serving as check-and-balance, others opposed the idea of the treaty ratification. Among the reasons found was, the statute will undermine the power of Malay Rulers and will cause discord among people of different races.
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