Malaysia has not signed the Rome Statute. However, since March 2011, government officials have expressed their interest in ratification. Concerns faced include irrelevance of official capacity and issues in relation to compatibility of the RS with Shariah Law. On February 9, 2009 the Malaysian government, in its presentation at the Universal Periodic Review (UPR) at the UNHRC stated that “Malaysia has undertaken a detailed study and held consultations to study the legal implications arising from the provisions of the Rome Statute. Despite several concerns, Malaysia is fully committed to the principles and the establishment of the ICC and their integrity.”
Agreement on Privileges and Immunities
Malaysia has not acceded to the Agreement on Privileges and Immunities.
Bilateral Immunity Agreement
Has not signed a BIA with the US.
Following closely on the UPR presentation, at the second session of the 12th Parliament on 16 February 2009, the government included the introduction of a Witness Protection Bill in its legislative agenda.
The Malaysian government had previously indicated that it would not accede to the Rome Statute until all relevant laws are in place.
The Malaysian government had previously indicated that it would not accede to the Rome Statute until all relevant laws are in place. However, following its UPR presentation of 2009, on 15 December 2010 the government enacted the Whistleblower Protection Act of 2010 which offers protection to witnesses in cases of corruption.