Domestic implementation of international criminal law
Malaysia
Domestic Legislation | Judicial decisions | Resources and Links
Crimes Crime of Aggression
Article 125 of the Penal Code of Malaysia provides the following regarding the waging of war against any allied power of the Yang di-Pertuan Agong (monarch and head of state of Malaysia):
"Waging war against any power in alliance with the Yang di-Pertuan Agong
[Penal Code of Malaysia. (Act 574, as at 1 January 2015). See full text under the "Resources and Links" section below.]
125. Whoever whether in conjunction with the enemies of the Yang di-Pertuan Agong or otherwise wages war against the Government of any power in alliance or at peace with the Yang di-Pertuan Agong, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added; or with imprisonment for a term which may extend to twenty years, to which fine may be added, or with fine."Crimes Against Humanity
No provision
Genocide
No provision
War Crimes
Article 126 of the Penal Code of Malaysia provides the following regarding depredation on the territories of any power at peace with the Yang di-Pertuan Agong (monarch and head of state of Malaysia):
"Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong
[Penal Code of Malaysia. (Act 574, as at 1 January 2015). See full text under the "Resources and Links" section below.]
126. Whoever whether in conjunction with the enemies of the Yang di-Pertuan Agong or otherwise commits depredation, or makes preparations to commit depredation, on the territories of any power in alliance or at peace with the Yang di-Pertuan Agong, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used, or intended to be used, in committing such depredation, or acquired by such depredation."
Grave breaches of the Geneva Conventions are punished by the Geneva Conventions Act of Malaysia (1962), s. 3. See:
Geneva Conventions Act of Malaysia (1962). First enacted 1962 (Act No. 5 of 1962). Revised 1993 (Act 512 w.e.f. 8 October 1993). (Incorporating all amendments up to 1 January 2006). [ENG]
Additional documents:
Chemical Weapons Convention Act 2005. Act No. 641 of 2005. 09 June 2005 (Incorporating all amendments up to 1 September 2006). [ENG]
Anti-Personnel Mines Convention Implementation Act 2000. Act No. 603 of 2000. 30 May 2000. [ENG]
Malaysian Red Cross Society (Incorporation) Act, 1965. First enacted 1965 (Act No. 47 of 1965). Revised 1995 (Act 540 w.e.f 30 November 1995). (Incorporating all amendments up to 1 January 2006). [ENG]
Malaysian Red Cross Society (Change of Name) Act, 1975. Act No. 162 of 1975. 21 August 1975. [ENG]
Malaysian Red Cross Society (Incorporation) Act, 1965. Act No. 47 of 1965. 01 July 1965. [ENG]
Jurisdiction The Geneva Conventions Act of Malaysia —s. 3— punishes any grave breach of the Geneva Conventions regardless of the nationality of the perpetrator or the territory (within or without Malaysia) where such act was committed:
"3.—(1) Any person, whatever his citizenship or nationality, who, whether in or outside Malaysia, commits, or aids, abets or procures the commission by any other person of any such grave breach of any of the scheduled conventions as is referred to in the following articles respectively of those conventions:
See:
(a) Article 50 of the Convention set out in the First Schedule;
(b) Article 51 of the Convention set out in the Second Schedule;
(c) Article 130 of the Convention set out in the Third Schedule;
(d) Article 147 of the Convention set out in the Fourth Schedule,
shall be guilty of an offence and shall, on conviction,
(i) in the case of such a grave breach as aforesaid involving the wilful killing of a person protected by the convention in question, be sentenced to imprisonment for life;
(ii) in the case of any other such grave breach as aforesaid, be liable to imprisonment for a term not exceeding fourteen years.
(2) In the case of an offence under this section committed outside Malaysia, a person may be proceeded against, charged, tried and punished therefor in any place in Malaysia as if the offence had been committed in that place, and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that place."
[...]
Geneva Conventions Act of Malaysia (1962). First enacted 1962 (Act No. 5 of 1962). Revised 1993 (Act 512 w.e.f. 8 October 1993). (Incorporating all amendments up to 1 January 2006). [ENG]
Information submitted by Malaysia to the General Assembly of the United Nations on the scope and application of the principle of universal jurisdiction:
Information submitted by Malaysia on the scope and application of the principle of universal jurisdiction. The scope and application of the principle of universal jurisdiction (Agenda item 86), General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010).
International Criminal Court
Rome Statute of the International Criminal Court: Malaysia is not a state party to the Rome Statute of the International Criminal Court.
Osman bin Haji Mohammed Ali and another v The Public Prosecutor.
Judicial Committee of the Privy Council (U.K.), 29 July 1968. [ENG]
The Public Prosecutor v. Oie Hee Koi and Others.
Public Prosecutor v. Oie Hee Koi and connected appeals, Judicial Committee of the Privy Council (U.K.), 4 December 1967 [1968] , A.C. 829. [ENG]
Federal Constitution of Malaysia. (As at 1 November 2010)
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link to pdf document]
Penal Code of Malaysia. (Act 574, as at 1 January 2015)
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link to pdf document]
Criminal Procedure Code of Malaysia. (Act 593, as at 1 November 2012)
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link to pdf document]
Courts of Judicature Act 1964 (Revised 1972).
Commonwealth Legal Information Institute. [ENG]. [Last accessed 10Jun17]. [External Link]
Laws of Malaysia.
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link]
Malaysian Legislation.
Commonwealth Legal Information Institute. [ENG]. [Last accessed 10Jun17]. [External Link]
e-Federal Gazette.
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link]
Case Information.
Official Portal Attorney General's Chambers of Malaysia. [ENG]. [Last accessed 10Jun17]. [External Link]
The Judicial Committee of the Privy Council Decisions.
British and Irish Legal Information Institute. [ENG]. [Last accessed 10Jun17]. [External Link]
List of International Humanitarian Law Treaties to which Malaysia is a State party.
(International Committee of the Red Cross). [ENG]. [Last accessed 31May17]. [External Link]