Did the International Court of Justice (ICJ) agree to judge Malaysia over injuries caused by the COVID-19 vaccine?!
Take a look at the viral claim, and find out what the facts really are!
Claim : ICJ Agreed To Judge Malaysia Over Vaccine Injury Cases!
People are sharing a video and a message on WhatsApp, claiming that the International Court of Justice – ICJ – agreed to judge Malaysia over injuries caused by the COVID-19 vaccine!
They also claim that both the Health Minister, Khairy Jamaluddin, and the Director-General of Health, Noor Hisham Abdullah, could stand before the ICJ and the International Criminal Court (ICC) for crimes against the people.
The post is very long, so feel free to skip to the next section for the facts…
Truth : ICJ Did NOT Agree To Judge Malaysia Over Vaccine Injury Cases!
This is yet another example of misinformation created by anti-vaccination activists to mislead you into thinking that the COVID-19 vaccines are dangerous.
Even though I’m no lawyer, these facts will show you why this is nothing more than just theatrics…
Fact #1 : ICJ Only Accepts Cases From Countries
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations based in The Hague, Netherlands.
Its role is to settle legal disputes between States (countries), and to give advisory opinions on legal questions by authorised UN organs and agencies.
The ICJ only entertains legal disputes submitted by States (countries). It does not entertain legal disputes brought forward by any individual or corporation.
So it is most peculiar for any individual to claim that they filed any case with the ICJ…
Fact #2 : PCA Only Accepts Cases From Countries
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organisation, also located in The Hague, Netherlands.
Tribunals under the PCA only have jurisdiction for disputes that are based on the PCA founding documents (the Conventions on Pacific Settlement of International Disputes), or based on bilateral and multilateral treaties.
More importantly, the PCA only arbitrates between member countries, and does not accept cases from individuals or companies.
So it is peculiar for any individual to claim that they intend to file, or have already filed, a case with the PCA.
Fact #3 : Malaysia Is Not An ICC Member
The International Criminal Court (ICC) is an intergovernmental organisation and tribunal, also based in The Hague, Netherlands.
It only has jurisdiction in States (countries) that have signed and ratified the Rome Statute. While Malaysia signed the Rome Statute in March 2019, it has not ratified it and is therefore not yet a member of the ICC.
The ICC therefore does not have jurisdiction over Malaysia, and filing any complaint with the ICC over any matter regarding Malaysia would be pointless.
Fact #4 : There Is No Arbitration Court Of Malaysia
If you look at the letter that the lawyer, Mohamad Zainuddin, held up as evidence of the court case, it actually refers to an Arbitration Court of Malaysia.
IN ARBITRATION COURT OF MALAYSIA
As far as I can tell – there is no such Arbitration Court of Malaysia. The leading arbitration institution in Malaysia is the Asia International Arbitration Centre (AIAC).
I could be wrong of course, so if you do know of such an arbitration court in Malaysia, do let me know.
Fact #5 : The Letter Appears To Refer To A Civil Claim
Again, I’m no lawyer, but the letter he held appears to be referring to a civil claim for damages.
ADJUDICATION MATTER NO:L-10-011-2022
SPECIAL TRIBUNAL OF ADJUDICATION
COVID-19 EXPERIMENTAL-PREMATURE VACCINE
The letter does not refer to the ICC, the PCA or even the ICJ. Neither does it mention any charges of crimes against humanity.
Fact #6 : COVID-19 Vaccines Are No Longer Experimental
The letter refers to the COVID-19 vaccine as “experimental-premature”, which is false.
The COVID-19 vaccines are only experimental whilst they are under development, or undergoing clinical trials.
They are no longer experimental once they successfully clear their clinical trials, and receive either an emergency use authorisation or full approval from a health authority like the US FDA or EMA.
Phase 3 trials, incidentally, ended in 2020 for the Pfizer and AstraZeneca COVID-19 vaccines, and they both received their EUA in December 2020.
I should also point out that the Pfizer vaccine received its full FDA approval on 23 August 2021, while the AstraZeneca vaccine received its full EU approval on 29 January 2021.
The European Medicines Agency (EMA) also renewed the authorisation for these vaccines :
- Moderna Spikevax : 4 October 2021
- Pfizer COMIRNATY : 3 November 2021
- Johnson & Johnson Janssen : 3 January 2022
None of those COVID-19 vaccines are experimental. They have all passed their clinical tests, and have been approved. You should also know that no experimental vaccine can be administered to the public.
Read more : What’s The Difference Between EUA vs Full FDA Approval?
Fact #7 : COVID-19 Vaccines Proven Safe
The COVID-19 vaccines were proven safe and effective in the massive Phase 2/3 trials that involved hundreds of thousands of volunteers.
These COVID-19 vaccine clinical trials are much larger than the usual clinical trials for new drugs or vaccines.
On top of that, they continue to undergo post-marketing surveillance, to catch very rare side effects like myocarditis (risk of less than 1 in million).
With so much clinical data, there is no way anyone can say that the vaccines are dangerous, or experimental.
Read more : What’s The Difference Between Full FDA Approval vs. EUA?
Read more : Vaccine Myocarditis Risk Less Than 1 In Million!
Now that you know the facts, please help to fight fake news – SHARE this article out!
And please protect yourself, and your family, by vaccinating them against COVID-19!
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You have of course put the myth to bed well. A couple of points though:
“More importantly, the PCA only arbitrates between member countries, and does not accept cases from individuals or companies”.
That’s not entirely true. The PCA does provide arbitration services for Investor-State Dispute Settlement (ISDS) arbitrations. In these, an investor brings an arbitration dispute against a State. The presence of ISDS in the CPTPP is one of the reasons why Malaysia, a signatory has not yet ratified that treaty.
“The ICC therefore does not have jurisdiction over Malaysia, and filing any complaint with the ICC over any matter regarding Malaysia would be pointless”.
As opposed to the ICJ, the ICC does not try States, it tries individuals. So a case would not ‘involve Malaysia’, It would involve a (some) Malaysian(s). This won’t happen, of course, but one should keep in mind that the UN security council can refer a non-party to the ICC, but only for the crime of aggression.