MalayMail-Nov 7
Recent reports of Malaysian Lee Bing Hang fighting in Ukraine as a mercenary against Russia got a lot of people here wondering if being a mercenary overseas is even legal. Here are (some of) the laws in Malaysia that may apply to such situations, including going into war and plundering countries that Malaysia is not fighting against. 1. In war with a country that Malaysia is at peace with, under the Penal Code’s Section 125, if you wage war against any government of countries who are at peace with Malaysia, you can be punished with a maximum 40 years’ jail (and a fine can be added on), or with a fine. 2. ‘Depredation’ in territories that Malaysia is at peace with. What is “depredation”? The dictionary defines this as damage and destruction but the legal meaning of this word includes pillaging or plundering. Under the Penal Code’s Section 126, the crime of “depredation” on the territories of any country which is at peace with the Yang di-Pertuan Agong can be punished with a maximum seven years’ jail and a fine, and also forfeiture of the property used to commit depredation or acquired by such depredation. On January 25, Inspector-General of Police Tan Sri Razarudin Husain was reported saying that Malaysia does not support mercenaries and does not allow Malaysians to join in wars in conflict zones.
The IGP also reportedly said that the Malaysian police always exchanges information with the government and the Immigration Department of Malaysia, and that any Malaysians who are found to be terrorists or mercenaries would have their passports revoked. The IGP had said Malaysia’s Special Measures Against Terrorism in Foreign Countries Act 2015 can be used against Malaysians involved in terrorism. But the IGP also indicated that mercenaries may not necessarily be terrorists, as it is possible they represent countries instead of terrorist groups. Read more at:
