Friday March 8, 2013
Lahad Datu: Strong case to charge Jamalul at ICC, says legal expert
PETALING JAYA: Malaysia should consider applying to have the self-proclaimed Sultan of Sulu charged at the International Criminal Court (ICC) for ordering the invasion on Sabah and murdering security personnel, a legal expert said.
Dr Siva Ananthan, a former governing council member of the Asean Law Association (ALA), said Malaysia had a strong case as various news reports had quoted Sultan Jamalul Kiram III expressing support for the invasion and saying the intruders reported to him.
“This means Jamalul is the principal murderer with those sent to Sabah merely carrying out his instructions,” he said.
Siva said the case was similar to the one involving former Liberian president Charles Taylor who invaded Sierra Leone and murdered people there, which eventually resulted in his arrest and trial at the ICC for war crimes.
Siva also said Malaysia no longer needed to make any annual cessation payment to the Kiram clan which the self-proclaimed ruling family had claimed was “rental” payment.
“By invading Sabah, the intruders have effectively revoked any agreement, so Malaysia does not have to pay anything,” said Siva.
The Attorney-General's Chambers said it would seek a request to extradite Jamalul from the Philippines when a case is made against him.
Attorney-General Tan Sri Abdul Gani Patail was quoted by Bernama as saying his office had been looking into the matter since last week and the police must first complete their investigation before any request for an extradition could be made.
“If there is a case, definitely we (AGC) will go for it (request for extradition),” said Abdul Gani.