Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
According to the Report on the Practice of Malaysia, the extradition of persons having committed grave breaches of the 1949 Geneva Conventions is governed by Malaysia’s Extradition Act. Under this act, if there is no extradition treaty with the requesting State, the Minister of Home Affairs may permit the extradition if he/she deems fit.
In 1997, during plenary discussions in the UN General Assembly on a report of the International Criminal Tribunal for the former Yugoslavia (ICTY), Malaysia stated:
The Dayton Peace Agreement, signed in December 1995 obliges its signatories to cooperate fully with the [ICTY] by executing the arrest warrants and delivering the indicted criminals to the Tribunal for trial in The Hague. However, to our utter dismay, the parties to the Agreement, notably the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Serb entity, have persistently refused to meet their obligations, and seem to be getting away with it. The Federal Republic of Yugoslavia has not only defied the orders of the Tribunal, but has failed to ensure the Republika Srpska’s compliance with the Dayton Agreement by the execution of arrest warrants issued for more than 40 indictees in its territory. We strongly deplore their failure, which constitutes a blatant violation of the relevant Security Council resolutions and their commitment to the Dayton Agreement and shows a gross disrespect for international law.
Full cooperation with the Tribunal by all parties in bringing the war criminals to justice is a fundamental obligation which must be honoured if genuine stability and lasting peace are to be consolidated in Bosnia and Herzegovina …
[Malaysia] also wishes to emphasize the need for the parties involved in the implementation of the Dayton Peace Agreement to extend their full cooperation to the Tribunal. In this regard, we commend the recent efforts by the Stabilization Force (SFOR) in arresting an indicted criminal in Serb territory.