KUALA LUMPUR - Malaysia said on Friday a decision by the Mahathir administration in 2018 to withdraw its application to revise an International Court of Justice’s (ICJ) ruling that Singapore had sovereignty over Pedra Branca was “improper”.
Nevertheless, the government respects the ICJ’s decision in 2008 over the sovereignty of Pedra Branca, as well as Middle Rocks and South Ledge, said Malaysia’s Attorney-General Idrus Harun in a statement.
In response, lawyer and Parti Pejuang Tanah Air information chief Rafique Rashid said he found the government’s statement “rather perplexing”, because respecting the ICJ ruling was the “primary basis for the decision of the previous government in 2018” to withdraw the review application.
Former prime minister Mahathir Mohamad founded political party Pejuang in 2020.
In December, Prime Minister Anwar Ibrahim instructed Tan Sri Idrus to review matters pertaining to claims over Pedra Branca, which Malaysia calls Pulau Batu Puteh.
Datuk Seri Anwar said this would allow negotiations with Singapore to be more fruitful.
The government had set up a task force to look into the matter and on Jan 11, a final report was tabled to the Cabinet.
Mr Idrus said the government is of the the view that its decision to withdraw two applications to the ICJ over the sovereignty of Pedra Branca, Middle Rocks and South Ledge was “not in order and improper.”
He said the Attorney-General’s Chambers is studying the recommendations made by the special task force, including the issue relating to “tort of misfeasance in public office” and will take appropriate action to carry out the decision of the Cabinet.
“Issues relating to Batu Puteh are of vital importance as it relates to strategic interests and sovereignty of the nation. In this regard, the Government will continue to ensure that Malaysia’s interest and sovereignty are protected and preserved at all times,” Mr Idrus added.
Pedra Branca is located about 25 nautical miles from the east of Singapore.
The British colonial government took possession of it to build the Horsburgh Lighthouse between 1847 and 1851 and other structures, and since then, Singapore has exercised continuous sovereignty over the island and its adjacent waters.
To the south of Pedra Branca are two maritime features – Middle Rocks and South Ledge, which Malaysia calls Batuan Tengah and Tubir Selatan respectively.
The dispute began in 1979 when Malaysia claimed sovereignty over Pedra Branca on a published map. The case was brought to the ICJ in 2003, which ruled that Pedra Branca belongs to Singapore.
The ICJ also decided that sovereignty over Middle Rocks belongs to Malaysia, and sovereignty over South Ledge belongs to the state in the territorial waters of which it is located.
The previous Barisan Nasional government attempted to seek a revision of the ICJ judgement in 2017 upon discovery of new facts, but the previous Pakatan Harapan government under then premier Mahathir decided to abandon the proceedings when the hearing was set in July 2018.
Tun Dr Mahathir said the withdrawal was based on the advice of former A-G Apandi Ali.
On Oct 13 last year, then-Prime Minister Ismail Sabri Yaakob said his Cabinet was informed of the possibility of negligence and mistakes made by Dr Mahathir when withdrawing the application to review the ICJ’s decision on Pedra Branca.
In October last year, a spokesperson from Singapore’s Ministry of Foreign Affairs noted that Malaysia intended to continue legal action in the ICJ on the issue of sovereignty over Pedra Branca and said the Republic stands ready to defend its sovereignty over the island.
