Malaysia, as a signatory to various international treaties, including the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (the “Geneva Convention”), possesses a credible legal basis upon which such a travel ban may be introduced. In addition to this legal grounding, Malaysia has long demonstrated a principled commitment to the protection of civilians and to humanitarian norms. The proposed measure is therefore consistent with the values reflected in the ASEAN Human Rights Declaration, which affirms the principles set out in the Universal Declaration of Human Rights, and it further reinforces Malaysia’s alignment with the core principles embodied in the Rome Statute, despite not being a party to it.
It is clearly and expressly stated in Malaysian passports that Malaysian nationals are permitted entry into all countries except Israel. Likewise, Israeli passport holders are prohibited from entering Malaysia. However, it remains possible for Israeli nationals with dual citizenship to bypass this restriction by entering Malaysia using their non- Israeli passports, without disclosure of their Israeli nationality, thereby circumventing the intended effect of the existing prohibitions. This matter warrants urgent attention, particularly in the present geopolitical climate.
At the same time, all individuals, irrespective of nationality, should be barred from entering Malaysia where there are credible and reasonable grounds to believe that they have committed, planned, facilitated, or aided and abetted acts of genocide in the Occupied Palestinian Territories.
Malaysia maintains a stringent, security-focused immigration framework designed to protect national interests and public security. Within this framework, existing provisions already allow the authorities to restrict the entry of individuals implicated in grave international crimes, including genocide, through broad exclusionary powers. The Immigration Act grants the executive wide discretion to refuse entry or deny a visa, an approach that is broadly consistent with immigration regimes in Singapore, the United Kingdom, the United States, Australia, New Zealand, Canada, France, Japan, and South Korea. Although the wording differs across jurisdictions, they share a common structure: each empowers the Minister, Home Secretary, or equivalent authority to bar entry on expansive grounds connected to national interest, public order, or public security.
What is now required are clear policy instruments and operational mechanisms to ensure that suspected or convicted war criminals are systematically identified, denied entry, and prevented from entering Malaysia in the interest of national security and public safety, and consistent with Malaysia’s leadership and advocacy on human rights.