What specific legal basis was used to claim Agong could face ICC prosecution?

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Agong Could Face ICC Prosecution Based on Commander Status

Academics presented arguments suggesting the Yang di-Pertuan Agong (YDPA), in his capacity as supreme commander of the armed forces, could be subject to prosecution by the International Criminal Court (ICC). This assertion was based on the interpretation that the YDPA's role fulfills the criteria of a military commander with "effective command and control" as defined by Article 28(a) of the Rome Statute. The legal reasoning posits that as head of state, the YDPA falls under the ICC's jurisdiction, notwithstanding the Rome Statute not yet being incorporated into Malaysian domestic law.
Commander Status Under Rome Statute

The central legal argument hinges on the YDPA's position as supreme commander of Malaysia's armed forces. According to the academics' briefing summary, this role is not merely symbolic or ceremonial. Instead, it is interpreted as meeting the requirements of Article 28(a) of the Rome Statute, which pertains to the responsibility of commanders and superiors. This article outlines situations where a commander can be held responsible for crimes committed by subordinates if they had "effective command and control" over them and failed to take necessary and reasonable measures to prevent or punish their commission.
Head of State Jurisdiction

Further to the commander status, the academics contended that the YDPA, by virtue of being the head of state, would fall within the jurisdiction of the ICC. This assertion was made even though the Rome Statute has not been enacted as domestic legislation in Malaysia. The implication drawn is that international treaties can create obligations and establish jurisdiction that extends beyond national legal frameworks, particularly concerning international crimes.
Historical Parallels for War Leadership

To substantiate their claims regarding the potential for the monarchy to be subject to ICC action, the academics drew historical parallels. They referenced the last German Emperor, Wilhelm II, and Emperor Hirohito of Japan. Both figures were highlighted as having been instrumental as war leaders during World War I and World War II, respectively. These comparisons were used to illustrate how heads of state who also hold significant military command roles have been perceived historically in contexts of major international conflict.

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What specific legal basis was used to claim Agong could face ICC prosecution?

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