Will the four intellectually dishonest professors, dubbed the “kangkung professors” come out of hiding and explain themselves, and more importantly apologise to the nation for misleading the royals, and for provoking the bigots in society.

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Mendacious and disingenuous. This is how we can describe the four academics, who convinced the Conference of Rulers to reject the Rome Statute of the International Criminal Court (ICC).

The forum held at Universiti Malaya, which was organised by civil society groups including G25 and Ikram in response to critics, including the four academics, who argued against Putrajaya’s initial move to accede to the Rome Statute, was most revealing. 

The panelists at the forum were constitutional law expert Attorney-General, Tommy Thomas, former Ambassador to the Netherlands, Noor Farida Ariffin, Emeritus Prof Dr Shad Saleem Faruqi, activist Dr Syed Hussin Ali, lawyer and legal expert Lim Wei Jiet and student activist Asheeq Ali Sethi Alvi.

All of the panellists were in favour of Malaysia’s accession to the statute, and agreed that the government should not withdraw from the ICC.

Please watch the videos of the various panellists and make your own conclusions. The videos are not mine.

Our questions:

  1. Will the four kangkung professors apologise to the nation and to the royals for lying and misleading everyone?
  2. Will the four kangkung professors be charged under the appropriate act, Sedition Act, POCA (Prevention of Crime Act) or SOSMA  (Security Offences Special Measures Act) for attempting to cause disharmony and threaten national security?
  3. Have the four kangkung professors deliberately misled the royals, so that the royals can be maintained as a tool to oppress the rakyat?
  4. Did the royals not seek independent advice to confirm or challenge what was said by the kangkung professors?
  5. At least two of the royals are academics. Why didn’t they question what was obviously a misrepresentation of the truth? 
  6. Doctors can be struck-off and lawyers can be disbarred. Can the professors be struck off from the register of lecturers because their crime of misleading and misrepresentation is very serious.

Coward kangkung professors

The four academics co-authored a paper which was presented to the ruler. On 7 April, a group of student activists leaked the executive summary of the paper to invite discussion.

Their spokesman, the student activist Asheeq Ali Sethi Alivi, had challenged the four academics, and accused them of being biased in their argument. The four academics have remained tightlipped since the leak.

The four academics are 

i) International Islamic University Malaysia (IIUM) law professor Shamrahayu Abdul Aziz,

(ii) and (iii) Universiti Sains Islam Malaysia (Usim) law lecturers Fareed Mohd Hassan and Hisham Hanapi,

(iv) Universiti Teknologi Mara (UiTM) law professor Rahmat Mohamad 

Despite being invited to participate in the forum, held at the UM Law Faculty Tun Mohamed Suffian auditorium, two of them declined and the other two failed to respond. 

They have suddenly lost their tongues and cannot defend in public, what they have written. They have caused so much division in the nation. 

The Rome Statute

The Rome Statute set up the ICC to allow the prosecution of those responsible for international crimes such as genocide, crimes against humanity, war crimes and crimes of aggression.

The ICC acted on the “principle of complementarity” where local enforcement authorities would have the primary responsibility to prosecute or investigate criminals of serious international crimes under Malaysian laws in the domestic courts.

Attorney-General, Tommy Thomas, said  “It (ICC) would put a bit of pressure on those who administer justice to do the right thing, because if they don’t then international bodies will come in”.

The Rome Statute would also mean that the country would not be a safe haven for “rogues”, or criminals guilty of any of the four international crimes who might see Malaysia as a “safe haven”. People like Zimbabwean ex-president Mugabe, or President Assad of Syria.

The other panel members

Dr Syed Husin Ali

He explained how the three Rs are used to frighten the Malays and make them insecure, and how the Malay feudal mentality helps to perpetuate these fears.

His explanation cuts through all the techincal bits and legalese of the other speakers. No wonder the Ketuanan Melayu types in Umno-Baru lodged a police report against him

Here is his speech. It is most enlightening.

Attorney General, Tommy Thomas.

He dealt with the hypocrisy and the lies perpetuated by the fake news brigade and the opponents of the Rome Statute. He said that the ICC CANNOT interfere in the sovereignty of the country.

He opened with a brief explanation of the Rome Statute and said that “anyone with half a brain” will understand that these refer to the four serious crimes of genocide, crimes against humanity, war crimes and crimes of aggression.

He had advised the government to ratify the Rome Statute as it had many advantages, and confirmed that it was an extension of a Cabinet decision made in 2011.

He said, “It (ICC) would put a bit of pressure on those who administer justice to do the right thing, because if they don’t then international bodies will come in”. The Rome Statute could not be used against the King even if the Armed Forces commits heinous crimes because he is a constitutional monarch. He gave the example of former British PM, Tony Blair and Queen Elizabeth in the illegal invasion of Iraq.

Constitutional law expert Emeritus Prof Shad Saleem Faruq

Prof Shad accused the four kangkung professors for presenting a paper that was baseless, to the rulers. 

Ratifying the treaty does NOT need the consent of the rulers and Prof Shad Saleem also accused (3:00 min) the four academics of interpreting the articles of the constitution of the agong’s powers “very literally and in isolation”.  He said they took one provision and “put it in a keyhole and ignored everything else in the constitution”.

He gives a very good explanation about the role of the constitutional monarch.

He explained that the ICC goes after the real culprits and not the constitutional monarchs. For example,  the King reigns, he does not rule. He is not operationally responsible for the armed forces. He is not liable for any international crimes by rogue soldiers or commanders and Dr. Shad Saleem gives seven reasons (4:00 min) for this argument.

Former international law department director-general at the Foreign Ministry, Noor Farida Mohd Ariffin

She revealed that BN started the Rome Statute ratification process eights years ago and said, “All agencies (that received a copy of the cabinet paper) agreed, except for the AG’s Chambers at the time, who were vehemently against it.

“Eight years ago, on March 2011, the department prepared the instrument of accession to be deposited with the United Nations secretary-general.

“Unfortunately, the foreign minister at the time never signed the instrument until he left office after the defeat of BN on May 9 (GE-14) last year.”

Today, we would like to know why disgraced Najib Abdul Razak allowed this to happen? Don’t his ministers do any work?

Lawyer, Lim Wei Jiet

Lim accused the four academics of being “intellectually dishonest” including selectively highlighting ICC prosecutions against absolute monarchs to create a perception of threat against the rulers.

Student activist, Asheeq Ali Sethi Alivi

Asheeq blamed Prime Minister Dr Mahathir Mohamad and his government for being “completely irresponsible” when they blamed others over the confusion and the ultimate decision to withdraw from both the Rome Statute and Icerd.

Prime Minister’s anger 

In early April, Dr Mahathir showed his disappointment at being forced to do a U-turn.

 

Rebuilding Malaysia

7 Comments

  • Citizen A says:

    Mariam ~ your efforts towards rebuilding Malaysia are exemplary ~ thank you. The question is are these people contributing to nation building by nation serving or are they continuing with self~serving?

  • Lee lee says:

    Whatever said and done , lets just take a fiver and think. Is it only the two professors and two lecturers that are at faults ???. They are selling their opinion. Giving it a benefit of doubts that it could be vindictive and malicious in intent or there is deep state planning by some devious deceitful character pulling the strings. BUT simply put— Can you seriuosly blame a snakeoil salesman if the gullible customers intend to buy. Money is theirs to decide. Same goes to the mental faculty of one he/she who decide and goes along with the opinated suggestions. So far everyone is bugging the infamous 4 for their incomprehensive deliberation of Rome statue and blaming them for the country unrest and misleading the Royl Household. Hey !!! if the other party that has willingly allowed themselves to be convinced and without seeking further input of second opinions are also at fault in making a rejection and a insistence of a withdrawl from ICC . So ??? now didn’t we all hear the deafening silence from down South too. If there has been no challenge or the leak from the students it would have deluge the country into a major catastrophic incidents where the democratic elected government of the day for some reasons could have been brought down by disastrous means. Yes the four misfits fake academics should be stripped off from the higher learning institution and seriously punished for such an unwarranted crime unbelievable beyond means Right now for the greater good of the country and all, no loss if an appropriate sincere apology is in place from both the Academic Institution and the Royal Household. The country comes first for in this selfless act for the peace will allows unity and a dynamic forward movement.

    • Hang Kasturi says:

      Sorry, not sure what you are trying to get at and also lost in translation your opinion. Do not buy into any conspiracy theory here as you are also conjecturise as well. You are predicting things that are unlikely to happen as postulations are also useless. Seriously, you are combining sometimes two ideas in one sentence and whilst I am reluctant to criticise commentatry from fellow Malaysians in this instance I have to point our your errors, but I really find it frustrating that the whole message is lost on me.

    • Hang Kasturi says:

      Sorry, not sure what you are trying to get at and also lost in translation your opinion. Do not buy into any conspiracy theory here as you are also conjecturise as well. You are predicting things that are unlikely to happen as postulations are also useless. Seriously, you are combining sometimes two ideas in one sentence and whilst I am reluctant to criticise commentary from fellow Malaysians in this instance I have to point our your errors, but I really find it frustrating that the whole message is lost on me.

      • Lee Lee says:

        Glad you read my piece and I believe what I have written has clear intent for the message to be comprehended save for a few missing link of words to form a proper sentences due to typo error and no speech reader to review and correct. anyway that is not my concern as i do not intend to be a serious writter or a blogger but just to get my view across. I woul’dnt mind if someone who distinguish in the English language points out the mistakes to me for correction but coming from you who do not even realise the usage of words in the sentences that you have written telling that I “also conjecturise” tells a lot for I am trying to understand what is it . When a piece is written whether with a spin , prediction or even postulations ( as what you describe as I could see that you are alreading postulating on what I wrote ) it is up to the reader to see deem fit. You trying to impress me that you are the type that is meticulous and impeccable in articulating out your thoughts and facts. Honeslty you sound loud and blurr for on reading some of your past pieces you are just writting sillily without even understanding what you wrote. By the way there are many typo error in your message to me and also you need to go for spelling classes. I am not out to nit pick on you but if you have just sticked to be yourself without calling the other kettle black ….. well See you !!!!!

  • doubletree says:

    What do you expect after 60 yrs of brain washing? Malays may be conservative but if provided with the leadership they will come out of it. Unfortunately there was no leadership but a conscious effort to maintain their feudal conservative mindset and in fact to make it worse. Now they not only have a conservative mindset, they have ingrained into their DNA that nothing can replace the NEP and coupled with the ketuanan policies, Malays will be set for life – without working for it. You can see they don’t even see beyond their noses. The country was run down because of this BUT who among them really cares.

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