Kuala Lumpur War Crimes Commission

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The Kuala Lumpur War Crimes Commission (KLWCC), also known as the Kuala Lumpur War Crimes Tribunal (KLWCT), is a Malaysian organisation established in 2007 by the country's former prime minister Mahathir Mohamad to purportedly unilaterally investigate war crimes. [1] [2] The KLWCC was instigated as an alternative to the International Criminal Court in The Hague, which Mahathir accused of bias in its selection of cases. [3] The tribunal is not recognised by the United Nations, its verdicts being only symbolic.

Governance

The governing body of the KLWCC was established to oversee and investigate complaints from victims of wars and armed conflict in relation to crimes against peace, war crimes, crimes against humanity and other like offences as recognized under international law. [4] Members of the governance body include:

Convictions invoking universal jurisdiction

In November 2011, the tribunal purportedly exercised universal jurisdiction to try in absentia former US President George W. Bush and former British Prime Minister Tony Blair, convicting both for crimes against peace because of what the tribunal concluded was the unlawful invasion of Iraq. [8] [9] [10] [11]

In May 2012 after hearing a testimony from victims of torture at Abu Ghraib and Guantanamo, the Tribunal unanimously convicted in absentia the former US President George W. Bush, former US Vice President Dick Cheney, former US Defense Secretary Donald Rumsfeld, former US Deputy Assistant Attorneys General John Yoo and Jay Bybee, former US Attorney General Alberto Gonzales, and former US counselors David Addington and William Haynes II of conspiracy to commit war crimes, specifically torture. [12] [13] The Tribunal referred their findings to the chief prosecutor at the International Criminal Court in the Hague, and the United Nations Security Council. [14]

In November 2013, the Tribunal found Israel guilty of genocide of the Palestinian people. [7]

Legitimacy

The KLWCC did not have the support of any government. [15] The former United Nations Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, called the KLWCC a private enterprise with no legal basis, and questioned its legitimacy. [15] It does not possess a mandate from the United Nations, nor does the UN grant it recognition. It has no power to order arrests or impose sentences, and it is unclear if its verdicts are anything other than symbolic. [16]

Related Research Articles

Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are so heinous that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.

<span class="mw-page-title-main">Mahathir Mohamad</span> Prime Minister of Malaysia (1981–2003, 2018–2020)

Mahathir bin Mohamad is a Malaysian politician, author, and doctor who served as the fourth and seventh Prime Minister of Malaysia from 1981 to 2003 and from 2018 to 2020. With a cumulative tenure of 24 years, making him the longest-serving prime minister in Malaysian history. Before becoming premier, he served as Deputy Prime Minister and in other cabinet positions. He was a Member of Parliament for Langkawi from 2018 to 2022, Kubang Pasu from 1974 to 2004, and Kota Star Selatan from 1964 to 1969. His political career spanned more than 78 years, from joining protests opposing citizenship policies for non-Malays in the Malayan Union in the 1940s to forming the Gerakan Tanah Air coalition in 2022. He was granted the soubriquet "Father of Modernisation" for his pivotal role in transforming the country's economy and infrastructure. At the age of 99, he is currently the oldest living former Malaysian prime minister.

Mohamed Salleh bin Abas was a Malaysian judge and politician. He was a Lord President of the Federal Court of Malaysia. He was dismissed from his post during the 1988 Malaysian constitutional crisis. This action was condemned internationally and widely considered to be the event that triggered a marked reduction in the independence of the Malaysian judiciary.

<span class="mw-page-title-main">Flag of Kuala Lumpur</span> City Flag

The flag of Kuala Lumpur, Malaysia was officially adopted on 14 May 1990 to commemorate the Dewan Bandaraya Kuala Lumpur (DBKL) or Kuala Lumpur City Hall's 100 years as the local authority of Kuala Lumpur. The flag was designed as a variant to Jalur Gemilang, the Flag of Malaysia, incorporating design elements with its own identity as one of the Federal Territories of the nation. The flag is flown annually on the first day of February, commemorating the day when Kuala Lumpur became a Federal Territory on 1 February 1974.

<span class="mw-page-title-main">LGBTQ rights in Malaysia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Malaysia face severe challenges not experienced by non-LGBT residents. Sodomy is a crime in the country, with laws enforced arbitrarily. Extrajudicial murders of LGBT people have also occurred in the country. There are no Malaysian laws that protect the LGBT community against discrimination and hate crimes. As such, the LGBT demographic in the country are hard to ascertain due to widespread fears from being ostracised and prosecuted, including violence.

<span class="mw-page-title-main">Malaysia–United States relations</span> Bilateral relations

Bilateral ties between Malaysia and the United States were established upon Malayan independence in 1957. The US was, and still is one of the largest trading partners for Malaysia and is traditionally considered to be Malaysia's oldest and closest ally in military, economic and education sectors. Malaya was the predecessor state to Malaysia, a larger federation formed through the merger of Malaya, North Borneo, Sarawak and Singapore in 1963. Immediately before the merger, the latter three territories were previously part of the British Empire. But the US has had consular and commercial presence in Malaya since the 1800s. US merchants, especially Joseph William Torrey together with Thomas Bradley Harris also had commercial interests in north western coast of Borneo in the 19th century as well, where they established the American Trading Company of Borneo.

<span class="mw-page-title-main">Malaysia–Russia relations</span> Bilateral relations

Malaysia–Russia relations are the bilateral foreign relations between the two countries, Malaysia and Russia. Russia has an embassy in Kuala Lumpur, and Malaysia has an embassy in Moscow.

<span class="mw-page-title-main">Malaysia–Netherlands relations</span> Bilateral relations

Malaysia–Netherlands relations refers to interstate relations of Malaysia and the Netherlands. Netherlands has an embassy in Kuala Lumpur, and Malaysia has an embassy in The Hague.

<span class="mw-page-title-main">Malaysia–Sweden relations</span> Bilateral relations

Malaysia–Sweden relations refers to foreign relations between Malaysia and Sweden. Sweden has an embassy in Kuala Lumpur, and Malaysia has an embassy in Stockholm. As of 2009, 90 Swedish companies are present in Malaysia and about 450 Swedish citizens live in Malaysia. The number of Swedish citizens visiting Malaysia in 2011 was 44,138.

<span class="mw-page-title-main">India–Malaysia relations</span> Bilateral relations

India–Malaysia relations, also called the Indo-Malaysian relations, are the bilateral foreign relations between India and Malaysia. India has a high commission in Kuala Lumpur, and Malaysia has a high commission in New Delhi and a consulate general in Chennai and Mumbai. Both countries are full members of the Commonwealth of Nations, Asia Cooperation Dialogue and G15. India and Malaysia are also connected by various cultural and historical ties that date back to antiquity. The two countries are on excellently friendly terms with each other seeing as Malaysia is home to a strong concentration of Indian immigrants. Mahathir Mohamad, the fourth and longest serving Prime Minister of Malaysia has Indian ancestry. On trade front their bilateral trade volume stands at $10.5 billion and is poised to reach $25 billion by 2020.

<span class="mw-page-title-main">MSC Malaysia</span> Economic corridor in Greater Kuala Lumpur, Malaysia

MSC Malaysia is a special economic zone and high-technology business district spanning the federal territories of Kuala Lumpur and Putrajaya, central-southern Selangor and parts of western Negeri Sembilan, Malaysia.

The Anwar Ibrahim sodomy trials are a source of considerable political controversy in Malaysia. The first trial was held in 1998, and resulted in former Deputy Prime Minister Anwar Ibrahim being convicted, and given a nine-year prison sentence. This verdict was overturned in 2004, resulting in Anwar's release from prison.

<span class="mw-page-title-main">Mohamad Sabu</span> Malaysian politician

Mohamad bin Sabu, born in 14 October 1954 commonly known as Mat Sabu, is a Malaysian politician who has served as the Minister of Agriculture and Food Security in the Unity Government administration under Prime Minister Anwar Ibrahim since November 2022 and Minister of Defence in the PH administration under former Prime Minister Mahathir Mohamad from May 2018 to the collapse of the PH administration in February 2020. He has served as the Member of Parliament (MP) for Kota Raja since May 2018, Kuala Kedah from November 1999 to March 2004, Kubang Kerian from April 1995 to November 1999 and Nilam Puri from October 1990 to April 1995. He is a member of the National Trust Party (AMANAH), a component party of the PH coalition. He has also served as the 1st and founding President of AMANAH since September 2015.

<span class="mw-page-title-main">Rahah Noah</span> Malaysian socialite

Rahah binti Mohamed Noah was the wife of the second Malaysian Prime Minister Tun Abdul Razak Hussein (1922–1976) and the mother of sixth Prime Minister Najib Razak. She was the daughter of Mohamed Noah Omar (1898–1991), who was the first Speaker of the Dewan Rakyat and also third President of the Dewan Negara.

<span class="mw-page-title-main">Malaysia–Peru relations</span> Bilateral relations

Malaysia–Peru relations refers to bilateral foreign relations between Malaysia and Peru. Malaysia has an embassy in Lima, which was established in 1996, while Peru has an embassy in Kuala Lumpur, which was established in 1992. The countries desire to improve their relations in tourism, trade and investment, agriculture and forestry, health, science and technology, energy, education, rural development, poverty alleviation, gastronomy, and art and culture.

<span class="mw-page-title-main">Algeria–Malaysia relations</span> Bilateral relations

Algeria has an embassy in Kuala Lumpur, and Malaysia has an embassy in Algiers.

<span class="mw-page-title-main">2016 in Malaysia</span>

Events in 2016 in Malaysia.

Events in the year 2020 in Malaysia.

Events in the year 2022 in Malaysia.

<span class="mw-page-title-main">Political positions of Mahathir Mohamad</span> Views of Malaysian politician

Former Malaysian Prime Minister Mahathir Mohamad's political views have shifted during his lengthy career. Support for "Asian values," liberal Islam and Malay nationalism have long been part of Mahathir's political ideals. He has long been a critic of the foreign policy of the United States and other Western nations. Mahathirism has had an influence over subsequent Malaysian administrations.

References

  1. "Public papers used in mock war crimes trial of Bush and Blair Archived 2011-11-24 at archive.today " November 21, 2011, The Malay Mail.
  2. "BUSH AND BLAIR TO BE TRIED FOR WAR CRIMES". Nsnbc.wordpress.com. October 29, 2011. Retrieved December 20, 2011.
  3. Philosophers stone. "Philosophers Stone". Philosophers Stone. Archived from the original on December 27, 2011. Retrieved December 20, 2011.
  4. "Board of Trustees". Criminalisewar.org. Archived from the original on March 31, 2012. Retrieved December 20, 2011.
  5. "International News" (in French). Internationalnews.over-blog.com. Retrieved December 20, 2011.
  6. "KLWCC judges". Criminalisewar.org. Archived from the original on January 5, 2012. Retrieved December 20, 2011.
  7. 1 2 Marquardt-Bigman, Petra (December 5, 2013). "Guess who finds Israel guilty of genocide?". The Jerusalem Post. Retrieved May 12, 2020.
  8. "Symbolic 'war crimes' tribunal to try Bush, Blair". CBS News. November 15, 2011. Archived from the original on January 1, 2012. Retrieved 16 May 2012.
  9. "Bush, Blair guilty in Malaysia 'war crimes trial'". Ottawa Citizen. November 22, 2011. Archived from the original on November 25, 2011. Retrieved November 24, 2011.
  10. Richard Falk (November 15, 2011). "Kuala Lumpur tribunal: Bush and Blair guilty". Al Jazeera.
  11. "George W. Bush, Tony Blair found guilty of war crimes ... in Malaysia". National Post . November 22, 2011.
  12. "War Tribunal Finds Bush, Cheney Guilty of War Crimes". Common Dreams. May 13, 2012.
  13. Holt, Bob (May 15, 2012). "Are George W. Bush and Dick Cheney war criminals? Malaysian court says 'yes'". NewJerseyNewsroom.com. Archived from the original on 18 May 2012. Retrieved 16 May 2012.
  14. Ridley, Yvonne (May 12, 2011). "Bush Convicted of War Crimes in Absentia". Foreign Policy Journal. Retrieved 16 May 2012.
  15. 1 2 Mahathir's war crimes tribunal under fire, BRussells Tribunal, 13 February 2007, Wikidata   Q117832759, archived from the original on 4 July 2008
  16. Hunt, Luke (May 15, 2012). "Bush and Cheney on Trial". The Diplomat. Retrieved 17 May 2012.