How did the academics draw parallels to justify fears about the monarchy?

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Academics Cited Historical Monarchs as Precedents for International Criminal Court Prosecution

Academics presented historical parallels with Emperor Wilhelm II of Germany and Emperor Hirohito of Japan to bolster arguments that the Yang di-Pertuan Agong (YDPA) could face prosecution by the International Criminal Court (ICC). These historical figures were identified as instrumental war leaders during their respective global conflicts, serving as a basis for the academics' concerns regarding the YDPA's position as supreme commander of the armed forces. The briefing materials suggested that this role could place the YDPA under the ICC's jurisdiction, irrespective of whether Malaysia's domestic legislation incorporates the Rome Statute.
Parallels with World War Leaders

The academics drew direct comparisons between the YDPA's role and that of Emperor Wilhelm II, who led Germany during World War I, and Emperor Hirohito, who held a similar position during World War II. These emperors were presented as significant war leaders, implying that their command roles led to their involvement in actions that could be scrutinised by international tribunals. The intent of citing these specific historical figures was to illustrate a precedent where supreme command during wartime could lead to accountability under international law, thereby justifying fears for the Malaysian monarchy.
Justification for ICC Jurisdiction Concerns

The core of the academics' argument rested on the assertion that the YDPA's function as supreme commander of the country’s armed forces aligns with the ICC's criteria for potential prosecution. By referencing Wilhelm II and Hirohito, the academics aimed to demonstrate that heads of state or supreme commanders, particularly during periods of conflict, have historically been subject to international legal scrutiny. This linkage was intended to underscore the belief that the YDPA, by virtue of his constitutional role, could be considered within the ICC's jurisdiction, especially concerning the core international crimes addressed by the Rome Statute.
Concerns Over Effective Command and Control

The academics' briefing paper specifically highlighted that the YDPA's role as supreme commander is not merely symbolic. The summary claimed that this position fulfills the requirements of Article 28(a) of the Rome Statute, which pertains to military commanders possessing "effective command and control" over their forces. The historical examples of Wilhelm II and Hirohito served to reinforce this point, suggesting that their leadership during major wars exemplified such effective command, and by extension, placed them within the purview of international justice mechanisms.

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How did the academics draw parallels to justify fears about the monarchy?

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