The framework of this policy rests upon two key pillars – an enforcement task force and a watchlist database.
The proposed action will:
- Establish a dedicated task force to draft and enforce this policy.
Their duties would include:
- Developing and implementing mechanisms to impose individual-level sanctions, including denying the targeted individuals entry into the country and sharing the information with domestic and international enforcement agencies for further action.
- Establishing a comprehensive watch-list database of identified genocidaires in coordination with the relevant domestic ministries, international organisations, intelligence agencies, and foreign governments.
- Establish a compliance-tracking system to monitor implementation of the travel ban, gauge its effectiveness against the policy’s security objectives, and revise the ban based on the findings and outcomes.
- Developing a comprehensive screening mechanism that combines enhanced vetting at points of entry with integration into relevant international databases. This system may include:
- Enhanced vetting mechanisms such as direct queries regarding an individual’s presence in conflict zones, supplemented by follow-up interviews to verify the authenticity of their travel documents and assess the true purpose of their travel.
- Automatic visa denial for individuals who meet the specified criteria, as well as those listed as under investigation, regardless of nationality.
- Name and document screening through real-time connections to domestic and foreign enforcement datasets and tiered risk-scoring that flags individuals for secondary inspection or immediate denial of entry. There should also be periodic audits and stress-tests to evaluate system integrity, accuracy, and response times.
- Enhanced vetting mechanisms such as direct queries regarding an individual’s presence in conflict zones, supplemented by follow-up interviews to verify the authenticity of their travel documents and assess the true purpose of their travel.
- Developing and implementing mechanisms to impose individual-level sanctions, including denying the targeted individuals entry into the country and sharing the information with domestic and international enforcement agencies for further action.
- Create a credible watchlist database, if not already in existence, of individuals implicated in or associated with the execution of Israel’s genocidal policies, including but not limited to the Israeli Defence Force members, related mercenaries and civilian contractors, irrespective of nationality.
- The individuals referenced above may properly be treated as “undesirable immigrants” pursuant to Section 8(3)(k) of the Immigration Act 1959/63, providing a lawful basis to deny their entry into Malaysia under the following criteria:
- National security considerations arising from their association with, or service in, an armed group facing plausible allegations of committing genocidal acts against a people, as ruled by the International Court of Justice in January 2024;
- Malaysia’s commitments under the “Geneva Convention relative to the Protection of Civilian Persons in Time of War” (Geneva Convention) which requires the protection of civilian populations (particularly children, pregnant women, and the wounded or sick) and the preservation of their basic human rights during armed conflicts.
- The “Convention on the Prevention and Punishment of the Crime of Genocide” (Genocide Convention) although not ratified by Malaysia, sets out principles that are broadly aligned with internationally accepted norms relating to the prevention, prohibition, and punishment of genocide and war crimes.
- The “Rome Statute of the International Criminal Court” establishes individual criminal responsibility for genocide, crimes against humanity, war crimes, and the crime of aggression. Malaysia is not a party to the Rome Statute; but it is relevant to note that the Rome Statute incorporates the Geneva Convention into its definition of ‘war crimes,’ such that individuals who commit grave breaches of the Geneva Convention constitute a war crime under the Rome Statute.
- National security considerations arising from their association with, or service in, an armed group facing plausible allegations of committing genocidal acts against a people, as ruled by the International Court of Justice in January 2024;
- Engage with, and where appropriate make reference to, the databases and registries currently being compiled by individuals and organisations committed to upholding international justice (such as the Hind Rajab Foundation), which catalogue alleged war crimes for potential future prosecution. These repositories contain credible and material, including images, video recordings, and witness testimonies, mostly originating from both the alleged perpetrators and victims. Taken together, they form a substantive evidentiary basis for the assessment of conduct that may amount to war crimes.
This new transparency to the genocide via these digital channels provides the opportunity to not only pursue justice in great detail, but to provide a variety of methods to accurately identify and punish genocidal individuals internationally that were never possible before.
- The individuals referenced above may properly be treated as “undesirable immigrants” pursuant to Section 8(3)(k) of the Immigration Act 1959/63, providing a lawful basis to deny their entry into Malaysia under the following criteria: