KUALA LUMPUR, 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’s a quick look at 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.
This Section 125 offence covers those who:
- wage war against the government of any country who are allies or at peace with the Yang di-Pertuan Agong;
- attempt to wage such wars;
- abet (meaning: help) to wage such wars.
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.
3. Taking properties obtained while waging war or plundering countries that Malaysia is at peace with
Also in the Penal Code is Section 127, which is the offence of receiving or trying to receive any property which you know were taken while committing the Section 125 (waging war) or Section 126 (depredation) crimes.
This Section 127 offence can be punished with a maximum seven-year jail term and a fine and forfeiture of the property received.
4. Travelling from Malaysia to go overseas to do terrorism
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.
Under the 2015 law’s Section 5, the Immigration director-general can suspend or revoke your Malaysian passport, if the IGP suspects you may leave Malaysia to carry out or support terrorist acts overseas, or believes that this is necessary to prevent you from doing terrorist acts abroad.
If you obtain a replacement or temporary Malaysian travel document while your Malaysian passport is suspended or revoked under this law, it is a crime that can be punished with a maximum two years’ jail.
Separately, the Penal Code’s Section 130JA makes it a crime to travel (to Malaysia, through Malaysia, from Malaysia) with the intention to travel to a foreign country, in order to commit or prepare to commit terrorist acts in a foreign country. This is punishable with a maximum 30 years’ jail and a fine.
The Penal Code does not define what is a “mercenary”, but its Section 130B defines what is a “terrorist” and what is a “terrorist act”.