04/02/2017

Malaysia files for revision of ICJ’s Pulau Batu Puteh decision

Update 10 Jul 2021: Singapore to reclaim land around Pedra Branca
Pedra Branca sits near the entrance to the Singapore Strait about 44km to the east of the country

Singapore will start reclaiming land around Pedra Branca by the end of this year, as part of planned development work that was postponed because of an earlier legal tussle with Malaysia over the island’s sovereignty. The work will improve facilities on the island and allow vessels to berth. 

Extra logistics, administrative support and communications facilities will also be set up. The moves will improve maritime safety and security, and search-and-rescue capabilities in the area, the Ministry of National Development (MND) said on Monday (July 5). “Generally, the development works will afford us greater awareness over the waters around Pedra Branca, and allow us to respond more quickly to maritime safety and security threats,” a ministry spokesperson said.

The improvement work, announced in 2019, is expected to take a few years. It will be done within 0.9km of the 0.86ha island and Singapore’s territorial waters off the island, MND said in a statement. “All works carried out will be in accordance with Singapore’s domestic laws and international law,” its spokesperson added. The Housing and Development Board (HDB) will be responsible for the 7ha reclamation, which is the equivalent of about 10 soccer fields.


Pedra Branca island now part of East Coast GRC
Pedra Branca is an island 54km off the mainland of Singapore

The electoral division of East Coast has been altered and extended.

Extended so far out it now includes the island of Pedra Branca to the east of Singapore.

The East Coast electoral division already includes Tampines, Simei, Bedok, Upper Changi Road and several of Singapore’s other offshore islands such as Coney Island, Pulau Ubin and Pulau Tekong.

East Coast electoral division altered to include Pedra Branca

Responding to queries on why Pedra Branca has been included in the electoral map, the ELD said: "All offshore islands that are part of Singapore's territory are included in our electoral map." These include Sultan Shoal off the coast of Jurong Island, and Kusu Island, which lies south-east of Sentosa.

The notice to include Pedra Branca comes after Malaysia withdrew an application in May last year to revise a 2008 judgment by the International Court of Justice (ICJ) that awarded sovereignty of Pedra Branca to Singapore.

The withdrawal by Malaysia meant that it could no longer challenge Singapore's sovereignty of Pedra Branca, as the 10-year window provided for in the ICJ's Statute for an application for revision to be made had lapsed.

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East Coast electoral division altered to include Pedra Branca
The electoral division of East Coast will be altered to include the island of Pedra Branca

This is according to a notification made on Friday (Feb 1) by Prime Minister Lee Hsien Loong, under Section 8 of the Parliamentary Elections Act, published in the Government Gazette.

The East Coast electoral division already includes Tampines, Simei, Bedok, Upper Changi Road and several of Singapore's other offshore islands such as Coney Island, Pulau Ubin and Pulau Tekong.

When asked about the timing of the decision to include Pedra Branca, the Elections Department said: "All offshore islands that are part of Singapore’s territory are included in our electoral map."

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Malaysia withdraws Pedra Branca case; Singapore 'happy to agree', says Vivian Balakrishnan
Singapore's Ministry of Foreign Affairs said that Malaysia had informed the International Court of Justice that it would stop the proceedings that it had initiated earlier. FOTO: ST FILE

Malaysia has withdrawn its applications to revise & to interpret a 2008 judgment by the International Court of Justice (ICJ) that awarded sovereignty of Pedra Branca to Singapore.

In a statement on Wednesday (May 30), Singapore's Ministry of Foreign Affairs said that Malaysia had informed the ICJ on Monday (May 28) that it would stop the proceedings that it had initiated earlier. In response, on Tuesday, Singapore told the ICJ that it agreed with Malaysia's request for discontinuance.

Prior to that, Malaysia's Solicitor General had written to inform Singapore's Attorney-General of Malaysia's intention, & Singapore replied to convey its agreement, MFA said.

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Malaysia drops challenge to ICJ ruling on Pedra Branca
S'pore is "happy to agree" with Malaysia's request to discontinue the cases it filed in 2017 with the International Court of Justice

Malaysia has discontinued proceedings at the International Court of Justice (ICJ) relating to the court's 2008 judgment, which awarded sovereignty of Pedra Branca to Singapore.

In a press statement on Wednesday (May 30), Singapore's Ministry of Foreign Affairs (MFA) said it had been informed by the ICJ of Malaysia's decision to drop two cases to revise & to interpret the judgment.

The statement came shortly after new Malaysian Prime Minister Mahathir Mohamad told a media conference that his government would “reconsider” the previous administration's challenge to the Pedra Branca ruling.

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MAHATHIR PLANS MALAYSIAN ISLAND ON MIDDLE ROCKS NEAR SINGAPORE
Move follows decision by Malaysia’s new leader to drop opposition to an International Court of Justice ruling that awarded another outcrop, Pedra Branca, to the Lion City – Singapore says it’s “happy to agree”

Malaysian Prime Minister Mahathir Mohamad’s latest set of sweeping policy reforms announced on Wednesday has put neighbouring Singapore in the spotlight, as the recently elected leader confirmed the cancellation of a highly anticipated high-speed rail project between the two countries and revealed a surprise plan to build an island near the city state’s territorial waters.

Mahathir told a press conference of plans to “enlarge” Middle Rocks, a rocky outcrop in the Singapore Strait that was awarded to his country in 2008 following a legal suit over Pedra Branca, a nearby island in the strategic waterway.

The International Court of Justice (ICJ) in that same ruling awarded to Singapore Pedra Branca – referred to in Malaysia as Pulau Batu Puteh (White Stone island).

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Malaysia plans to build island on strategic Singapore Strait rocks
Malaysia's Prime Minister Mahathir Mohamad meets with Singapore's Prime Minister Lee Hsien Loong at the Perdana Leadership Foundation in Putrajaya, Malaysia on May 19, 2018 in this handout photo. Singapore's Ministry of Communication and Information/Handout via REUTERS

Malaysia's prime minister said on Wednesday his government planned to develop some offshore rocks which were the subject of a territorial dispute with Singapore, days after he cancelled a big rail project with his southern neighbour.

The International Court of Justice (ICJ) awarded the outcrop, known as Middle Rocks, near the opening of the Straits of Singapore, to Malaysia in 2008. At the same time, the Netherlands-based court ruled the nearby Pedra Branca island belonged to Singapore.

Malaysia sought a review of that ruling last year, in the hope of restaking its claim to Pedra Branca. Singapore opposed Malaysia's bid to review the ruling and the Singapore foreign ministry said on Wednesday the ICJ had informed it Malaysia had withdrawn that request.

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Malaysia drops their pursuit to possess Pedra Branca, but they’re planning bigger things for Middle Rocks
After scrapping the high-speed rail project between S'pore & Kuala Lumpur, Malaysia’s newly elected prime minister Mahathir Mohamad has decided to drop their pursuit to possess Pedra Branca

Magnanimous as the move may be, the Malaysian prime minister has a surprise up his sleeve. In a press conference, Tun Dr. Mahathir revealed plans to literally expand their own jurisdiction with Middle Rocks, located about 1km south of Pedra Branch.

“It is our intention to enlarge Middle Rocks so we can form a small island for us,” Mahathir told reporters, without giving further details.


As reported in Bernama last year, Malaysia has already set up a maritime installation on Middle Rocks, complete with a jetty, a helipad, and a lighthouse. The structure was built to conduct marine scientific research, and of course, reaffirm Malaysia’s “absolute sovereignty” over Middle Rocks.

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Singapore confident of its case on Pedra Branca
The tiny island of Pedra Branca, where S'pore administers a lighthouse, sits at the entrance to the S'pore Strait about 30 km (19 miles) east of the city state & 15 km off peninsular Malaysia's southern coast on Jan 6, 2003. Photo: Reuters

S'pore strongly believes the documents filed by Malaysia to challenge the 2008 decision by the International Court of Justice (ICJ) that ruled Pedra Branca to be S'porean territory does not satisfy a legal clause under the court’s statute.

Speaking during the Committee of Supply Debate in Parliament on Thursday, Minister for Foreign Affairs Vivian Balakrishnan said the Republic’s legal team has studied Malaysia’s application carefully, including the 3 documents relied by Putrajaya to support its application.

“Our legal team strongly believes that the documents relied on by Malaysia do not satisfy the criteria under Article 61,” he said in response to questions by Members of Parliament Amrin Amin & Baey Yam Keng on the case.

related: Singapore to study Malaysia's challenge to Pedra Branca judgment

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Malaysia’s plans for Middle Rocks could set back bilateral ties: Experts
Malaysia has constructed a maritime base on Middle Rocks comprising a jetty linking the two main outcrops, a lighthouse and a helipad. The base lies close to Singapore's Pedra Branca, which can be seen at the bottom of this foto

The Malaysian government’s plan to expand Middle Rocks into an island is an attempt to burnish its nationalist credentials & assert its sovereignty over the rocky outcrop following its withdrawal of a challenge on an international court ruling on Pedra Branca, say observers.

But they added that while the move appears within Malaysia’s legal rights, carrying it out could have a negative impact on ties with Singapore.

“I see it more as seeking to re-assert Malaysian sovereignty despite dropping for good the claim to Pedra Branca,” said Associate Professor Eugene Tan, a law professor at Singapore Management University, echoing the views of several experts on the announcement, made by Prime Minister Mahathir Mohamad on Wednesday.

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Former ICJ president is judge ad hoc for Pedra Branca case

Singapore has picked Judge Gilbert Guillaume, a former International Court of Justice (ICJ) president, to sit as judge ad hoc for Malaysia’s application to overturn the 2008 ICJ judgment on sovereignty over Pedra Branca, Middle Rocks and South Ledge.


Singapore’s foreign affairs ministry announced this in a press statement today. It said Guillaume was a member of the ICJ from 1987 to 2005, and served as its president from 2000 to 2003. He is currently a member of the Permanent Court of Arbitration.

Under the statute of the ICJ, if there is no judge of the nationality of the parties on the bench of the court, the parties may each choose a judge ad hoc who will take part in the decision on the case.

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S'pore appoints ex-ICJ president as judge ad hoc for Pulau Batu Puteh case

Former International Court of Justice (ICJ) President Judge Gilbert Guillaume was appointed by Singapore as judge ad hoc for the Pulau Batu Puteh case. NSTP pix

Singapore has chosen Judge Gilbert Guillaume, a former International Court of Justice (ICJ) President, to sit as judge ad hoc for Malaysia’s application for revision of the ICJ’s judgment on sovereignty over Pedra Branca, Middle Rocks and South Ledge.

In a statement today, Singapore’s Ministry of Foreign Affairs (MFA), said that Judge Guillaume was a Member of the ICJ from 1987 to 2005, and served as its President from 2000 to 2003. The ministry said he was currently a Member of the Permanent Court of Arbitration.


“Under the Statute of the ICJ, if there is no judge of the nationality of the parties on the Bench of the Court, the parties may each choose a judge ad hoc who will take part in the decision on the case,” it said.

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Pedra Branca: Singapore rebuttal by June 14

S'pore will submit its rebuttal to Malaysia's application to overturn a 2008 judgment by June 14. FOTO: ST FILE

S'pore will submit its rebuttal to Malaysia's application to overturn a 2008 judgment awarding Pedra Branca to the Republic by June 14.

Foreign Minister Vivian Balakrishnan yesterday said Singapore's legal team "strongly believes" the documents Malaysia relied on in its application do not satisfy the criteria under which it applied for a revision.

Malaysia's application last month cited 3 "new facts" to argue the Republic's officials did not consider S'pore had acquired sovereignty over Pedra Branca from Johor.

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ICJ releases Malaysia's Pedra Branca application, with details of 3 documents supporting sovereignty claim

The tiny island of Pedra Branca sits at the entrance to the Singapore Strait about 30km east of the city state & 15km off peninsular Malaysia's southern coast. (File foto: Reuters)

The International Court of Justice (ICJ) on Fri (Feb 10) released details of Malaysia’s application to overturn a 2008 ruling which awarded sovereignty of Pedra Branca island to Singapore.

Pedra Branca - referred to by Malaysia as Batu Puteh - was first claimed as territory of the Johor Sultanate in 1979. Singapore protested, the matter was brought to the ICJ in 2003 & in 2008, the ICJ ruled that Singapore had sovereignty over Pedra Branca.

On Feb 2, however, Malaysia applied to revise the judgment, claiming “a new fact” unearthed from 3 documents discovered in the National Archives of the United Kingdom (UK) between Aug 4, 2016 and Jan 30, 2017.

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ICJ reveals details of Malaysia’s application to challenge Pedra Branca’s sovereignty


The International Court of Justice (ICJ) has announced the details of Malaysia's application to challenge a 2008 judgement to award sovereignty of Pedra Branca to Singapore.


Malaysia filed an Application on 2 February for revision of the Judgment delivered by the International Court of Justice (ICJ) on 23 May 2008 in the case concerning Sovereignty over Pedra Branca, or Pulau Batu Puteh as Malaysia referred to, Middle Rocks and South Ledge.

It is recalled that, in that Judgment, the Court found that sovereignty over Pedra Branca / Pulau Batu Puteh belongs to Singapore, 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

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REVEALED: MALAYSIA’S ‘NEW EVIDENCE’ IN ISLAND ROW AGAINST SINGAPORE


Malaysia’s “new evidence” that it has sovereignty – and not its southern neighbour Singapore – over the rocky outcrop called Pedra Branca comprises a letter by Singapore’s top colonial official in 1958, a naval incident report the same year, and a map of the Lion City in 1966, This Week in Asia has learnt.


These three documents would likely overturn the decision by the International Court of Justice in 2008 to award sovereignty to the disputed island to Singapore, Malaysia claimed in court documents filed on February 3.

“This application is not an appeal against the 2008 judgment. On the contrary, it draws to the court’s attention what has only recently become known to Malaysia, namely, that even after the 1953 correspondence, and at a point at which Singapore had become a self-governing colonial territory, Singapore, at the highest levels of its government, did not have the view that it had sovereignty over Pedra Branca/Pulau Batu Puteh,” said court documents seen by This Week in Asia.

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Malaysia's application to challenge Pedra Branca judgement released in full


The International Court of Justice (ICJ) has released the full text of Malaysia's application to challenge a 2008 judgement to award sovereignty of Pedra Branca to Singapore.

Malaysia filed the application with The Hague-based ICJ on February 2, citing “new facts” discovered in recently declassified British documents which it said would have had resulted in a "different conclusion" by the court.

The "new facts" originate from three documents recently discovered in the United Kingdom's national archive — internal correspondence of the Singapore colonial authorities in 1958, an incident report filed in 1958 by a British naval officer and an annotated map of naval operations from the 1960s.

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Attorney-General Mohamed Apandi Ali says this follows the discovery by Malaysia of a 'fact' which will be a 'decisive factor' in the issue after the British government declassified some documents recently


The government of Malaysia has filed an application for revision of the International Court of Justice (ICJ)’s judgment over Pulau Batu Puteh (Pedra Branca), Middle Rocks and South Ledge.

Attorney-General Mohamed Apandi Ali, in a statement today, said the application was filed yesterday. “The application, which was filed at the International Court of Justice, The Hague, was made by Malaysia upon the discovery of some fact of such a nature as to be a decisive factor, which was, when the judgment was given, unknown to the court and also to Malaysia as the party claiming revision.

“We are also confident that the requirements as stipulated under Article 61 of the Statute of the International Court of Justice have been met in that, inter alia, the application for revision is brought within six months of the discovery of the new fact, and within 10 years of the date of the judgment,” he said.

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ISLAND ROW | Now, it's Malaysia versus Singapore
Reuters file photo of Pulau Batu Puteh, with the Horsburgh Lighthouse that Singapore had operated on the granite island for more than 130 years without protest from its neighbor. But now, Malaysia has called on the UN's top court to overturn a 2008 ruling granting its neighbor sovereignty over the tiny but strategic island

THE HAGUE, Netheralnds - Malaysia on Friday reopened a decades-old dispute with Singapore calling on the UN's top court to overturn a 2008 ruling granting its neighbor sovereignty over a tiny but strategic island.


In a filing to the International Court of Justice, Kuala Lumpur maintained new documents had been discovered in British archives backing its territorial claim to the islet.

For several decades, Malaysia had laid claim to the island it knows as Pulau Batu Puteh, while Singapore, which calls it Pedra Branca, argued sovereignty had passed to it tacitly.

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Malaysia reopens island row with Singapore
In a filing to the International Court of Justice (ICJ), Kuala Lumpur says new documents had been discovered in British archives backing its territorial claim to the islet

Malaysia on Friday, February 3 reopened a decades-old dispute with Singapore calling on the United Nation's top court to overturn a 2008 ruling granting its neighbour sovereignty over a tiny but strategic island.

In a filing to the International Court of Justice (ICJ), Kuala Lumpur maintained new documents had been discovered in British archives backing its territorial claim to the islet.

For several decades, Malaysia had laid claim to the island it knows as Pulau Batu Puteh, while Singapore, which calls it Pedra Branca, argued sovereignty had passed to it tacitly.

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It may take a year just to see if Malaysia has a case on Pedra Branca

The 15 judges of the International Court of Justice have to decide if the new facts are on time and important enough to re-open the case

It may take the International Court of Justice (ICJ) over a year to decide on just one thing about Malaysia’s move to re-litigate the case on Pedra Branca: Should the court even allow it?

Yesterday, Malaysian Attorney-General (AG) Mohamed Apandi Ali said Malaysia had filed an application to the ICJ after the discovery of a new fact over the territorial dispute, which could be decisive. This fact was unknown to both Malaysia and the ICJ when the court gave its judgment in 2008.

The Singapore Straits Times has reported that the ICJ may take more than a year just to decide on the admissibility of Malaysia’s application.

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Singapore to study closely Malaysia’s application for revision of ICJ’s Pedra Branca ruling
Photo of Pedra Branca: Singapore Memorial

Singapore has formed a legal team to respond to Malaysia’s application for a revision of the International Court of Justice’s ruling on the sovereignty of Pedra Branca, Middle Rocks and South Ledge, the Ministry of Foreign Affairs (MFA) said in a statement Friday (3 February).

“Singapore is studying Malaysia’s application and documentation closely,” MFA said, adding that the legal team includes Attorney-General Lucien Wong, Professor S. Jayakumar, Professor Tommy Koh, and former Chief Justice Chan Sek Keong.

MFA noted that ICJ’s ruling on 23 May 2008 regarding the sovereignty over Pedra Branca, Middle Rocks, and South Ledge “was final, binding and without appeal”.

related: Malaysian wants international court to review Singapore death sentence

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Johor welcomes AG's decision to appeal ICJ's judgement on Pulau Batu Puteh

The Johor government welcomes the Attorney General’s decision to appeal the decision to hand over Pulau Batu Puteh to Singapore.

Menteri Besar Datuk Seri Mohamed Khaled Nordin said the island is important for Johor so the state welcomes the new development on this matter.

“We fully support this decision especially since there are new discoveries that might help our claim on the island. Based on the statement by the Attorney General, we believe there are still new discoveries that might help us. I hope we will continue with the efforts and hopefully we will get a positive outcome on this matter,” said Khaled.

related: M'sia files application for revision of ICJ's ruling on P Batu Puteh sovereignty

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Malaysia refers to declassified British files in seeking revision of ICJ ruling on Pedra Branca
An aerial view of Horsburgh Lighthouse on Pedra Branca FOTO: MINISTRY OF FOREIGN AFFAIRS

Malaysia has cited 3 documents recently declassified by the United Kingdom to support its application for a revision of an International Court of Justice (ICJ) ruling on Pedra Branca.

They are: internal correspondence of the Singapore colonial authorities in 1958, an incident report filed in 1958 by a British naval officer, & an annotated map of naval operations from the 1960s, the ICJ said in a press release on Friday (Feb 3).

The documents were discovered in the UK National Archives between Aug 4, 2016 and Jan 30, 2017, the release added.

related:
KL applies for revision of Pedra Branca judgment
Singapore studying Malaysia's application to review Pedra Branca judgment
Malaysia seeks to revise judgment on Pedra Branca, citing discovery of 'new facts'

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Singapore forms legal team to respond to Malaysia's application to revise Pedra Branca judgement

S'pore has formed a legal team to respond to Malaysia's application & documentation to revise a judgement that awarded the island of Pedra Branca to the city-state.

The team includes Attorney-General Lucien Wong, Professor S Jayakumar, Professor Tommy Koh & former chief justice Chan Sek Keong, said a spokesman for the Ministry of Foreign Affairs (MFA) in a release on Friday night.

This comes after Malaysia said earlier on Friday that it has filed an application at the International Court of Justice (ICJ) to review a judgement made in May 2008 that awarded Pedra Branca to Singapore after making "discovery of some fact of such a nature as to be a decisive factor".

related: Malaysia seeks to revise judgment on Pedra Branca, citing 'new facts'


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Malaysia files application for revision of ICJ's Pulau Batu Puteh decision
The government of Malaysia has filed an application for revision of the International Court of Justice (ICJ)'s judgment over Pulau Batu Puteh (Pedra Branca), Middle Rocks and South Ledge

Attorney-General Tan Sri Mohamed Apandi Ali in a statement today said the application was filed yesterday (Feb 2).

"The application, which was filed at the International Court of Justice, The Hague, was made by Malaysia upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to Malaysia as the party claiming revision.

"We are also confident that the requirements as stipulated under Article 61 of the Statute of the International Court of Justice have been met in that, inter alia, the application for revision is brought within six months of the discovery of the new fact, and within 10 years of the date of the judgment," he said.

related: Singapore to study Malaysia's application for revision of ICJ judgement

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Singapore studying Malaysia's application to review Pulau Batu Puteh judgment
Singapore is studying closely Malaysia's application to revise the International Court of Justice's (ICJ) judgment on sovereignty over Pulau Batu Puteh, the Ministry of Foreign Affairs (MFA) said in a statement on Friday

"Malaysia has informed us that it has made an application for revision of the ICJ's judgment," said MFA, adding that Singapore is studying Malaysia's application and documentation closely.

The Republic "has formed its legal team to respond to Malaysia's application", it said.

The team includes Attorney-General Lucien Wong, Professor S. Jayakumar, Professor Tommy Koh and former Chief Justice Chan Sek Keong.

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Malaysia applies for revision of ICJ's Pedra Branca decision; S'pore studying application

S'pore is studying Malaysia's application for a revision of the International Court of Justice (ICJ)'s judgement over Pedra Branca, Middle Rocks & South Ledge, the Ministry of Foreign Affairs (MFA) said on Friday (Feb 3). It added that a legal team has been formed to respond to the application.

An MFA spokesman said that the Malaysian government has informed Singapore of its application.

On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Pedra Branca, while Middle Rocks was awarded to Malaysia & South Ledge belonged to the state in whose territorial waters it is located.

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Singapore to study Malaysia's challenge to Pedra Branca judgment
The tiny island of Pedra Branca sits at the entrance to the Singapore Strait about 30km east of the city state and 15km off peninsular Malaysia's southern coast on Jan 6, 2003. Reuters file Foto

Malaysia, citing “new facts” discovered in recently declassified British documents, has filed a challenge to the 2008 decision by the International Court of Justice (ICJ) that ruled Pedra Branca to be Singaporean territory.

Singapore’s Ministry of Foreign Affairs said in response that the Republic is “studying Malaysia’s application & documentation closely”, & has formed a legal team to respond to Malaysia’s challenge.

The S'pore legal team includes Attorney-General Lucien Wong, former Deputy Prime Minister S Jayakumar, Professor Tommy Koh and former Chief Justice Chan Sek Keong.

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What “new fact” does Malaysia have on Pedra Branca?


IT ISN’T just one, but three new facts.

They were discovered in the National Archives of the United Kingdom between Aug 4 last year and Jan 30 this year. They are:
  • internal correspondence of the Singapore colonial authorities in 1958
  • an incident report filed in 1958 by a British naval officer
  • an annotated map of naval operations from the 1960s.
This was reported in an International Court of Justice press statement issued overnight. Malaysia is using the three documents to challenge the ICJ ruling in 2008 that awarded sovereignty of Pedra Branca to Singapore. It issued a press statement earlier yesterday but didn’t give details.

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5 things you should know about Pedra Branca now that it’s back in the news


So you woke up this morning and might have seen a couple of articles on your newsfeed on Pedra Branca.

No idea what that is? No fear, we’re here to bring you up to speed so that you’ll have something to discuss with your colleagues at the water cooler come Monday
  1. Why is it white?
  2. Danger Zone
  3. He said, she said
  4. So why is Pedra Branca appearing in my newsfeed again?
  5. What next?

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ICJ ruling on dispute

In 2008, the International Court of Justice (ICJ) awarded Pedra Branca to S'pore. It recognised that Johor had the original title to Pedra Branca, but found that sovereignty over the island had passed to S'pore by the time the dispute crystallised in 1980.

Malaysia had argued that the Sultanate of Johor had possessed the title to the island since its establishment in 1512. That original title was then transmitted to the State of Johor, & subsequently to the Federation of Malaya.

It also put forth that the British & their successor, Singapore, were merely lighthouse operators and never exercised sovereignty over the island.

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The Pedra Branca dispute [2008]


ICJ 2 was a territorial dispute between Singapore and Malaysia over several islets at the eastern entrance to the Singapore Strait, namely Pedra Branca (previously called Pulau Batu Puteh and now Batu Puteh by Malaysia), Middle Rocks and South Ledge. The dispute began in 1979 and was largely resolved by the International Court of Justice (ICJ) in 2008, which opined that Pedra Branca belonged to Singapore and Middle Rocks belonged to Malaysia.

In early 1980, Singapore lodged a formal protest with Malaysia in response to a map published by Malaysia in 1979 claiming Pedra Branca. In 1989 Singapore proposed submitting the dispute to the ICJ. Malaysia agreed to this in 1994. In 1993, Singapore also claimed the nearby islets Middle Rocks and South Ledge. In 1998 the two countries agreed on the text of a Special Agreement that was needed to submit the dispute to the ICJ. The Special Agreement was signed in February 2003, and the ICJ formally notified of the Agreement in July that year. The hearing before the ICJ was held over three weeks in November 2007 under the name Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia v. Singapore).

Singapore argued that Pedra Branca was terra nullius, and that there was no evidence the island had ever been under the sovereignty of the Johor Sultanate. In the event the Court did not accept this argument, Singapore contended that sovereignty over the island had passed to Singapore due to the consistent exercise of authority over the island by Singapore and its predecessor, the United Kingdom. The actions taken included selecting Pedra Branca as the site for Horsburgh Lighthouse and constructing the lighthouse, requiring Malaysian officials wishing to visit the island to obtain permits, installing a military rebroadcast station on the island, and studying the feasibility of reclaiming land around the island. Malaysia had remained silent in the face of these activities. In addition, it had confirmed in a 1953 letter that Johor did not claim ownership of the island, and had published official reports and maps indicating that it regarded Pedra Branca as Singapore territory. Middle Rocks and South Ledge should be regarded as dependencies of Pedra Branca.

Malaysia's case was that Johor had original title to Pedra Branca, Middle Rocks and South Ledge. Johor had not ceded Pedra Branca to the United Kingdom, but had merely granted permission for the lighthouse to be built and maintained on it. The actions of the United Kingdom and Singapore in respect of the Horsburgh Lighthouse and the waters surrounding the island were not actions of the island's sovereign. Further, the 1953 letter had been unauthorised and the official reports and maps it had issued were either irrelevant or inconclusive.

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Pedra Branca, Singapore
Map of Sumatra showing Pedra Branca (1620)

Pedra Branca (formerly referred to by Malaysia as Pulau Batu Puteh and now as Batu Puteh) is an outlying island and also the easternmost point of Singapore. The name means "white rock" in Portuguese (Portuguese pronunciation: ), and refers to whitish guano (bird droppings) deposited on the rock. The island consists of a small outcrop of granite rocks with an area of about 8,560 square metres (92,100 sq ft). During the low water spring tide it measures, at its longest, 137 metres (449 ft) and has an average width of 60 metres (200 ft). Despite being under Singapore's sovereignty, the island has the unique distinction of not being located in any planning area, subzone or political constituency in the country. Pedra Branca is situated at 1°19′48″N 104°24′27″E / 1.33000°N 104.40750°E, where the Singapore Strait meets the South China Sea.

There are two maritime features near Pedra Branca. Middle Rocks, under the sovereignty of Malaysia, consists of two clusters of small rocks about 250 metres (820 ft) apart situated 0.6 nautical miles (1.1 km; 0.7 mi) south of Pedra Branca. South Ledge, which is 2.2 nautical miles (4.1 km; 2.5 mi) to the south-south-west of Pedra Branca, is a rock formation visible only at low-tide.

Pedra Branca was known to sailors for centuries. It was originally within the territory of the Johor Sultanate, which was founded in 1528, and remained under the new Sultanate of Johor under the British sphere of influence following the signing of the Anglo–Dutch Treaty of 1824 between the United Kingdom and the Netherlands. Between 1850 and 1851, the British built Horsburgh Lighthouse on the island without seeking the consent of the Johor authorities, or even informing them of the decision. From that time, the Straits Settlements administered the island; Singapore then assumed responsibility in 1946 after the dissolution of the Straits Settlements. On 21 September 1953, the Acting State Secretary of Johor, responding to a query from the Colonial Secretary of Singapore about the status of the island, stated that "the Johore Government does not claim ownership of Pedra Branca".

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Horsburgh Lighthouse

Chinese: 霍士堡灯塔; Malay: Rumah Api Horsburgh) is an active lighthouse which marks the eastern entrance to the Straits of Singapore. It is situated on Pedra Branca island. Singapore's earliest lighthouse by date of completion, it is located approximately 54 kilometres (34 mi) to the east of Singapore and 14 kilometres (8.7 mi) from the Malaysian state of Johor.

History - Horsburgh Lighthouse was named after Captain James Horsburgh (28 September 1762 – 14 May 1836), a Scottish hydrographer from the East India Company, who mapped many seaways around Singapore in the late 18th and early 19th century. He was called "the Nautical Oracle of the World". His charts and books allowed ships to navigate through treacherous areas of the ocean, saving many lives and property on the seas between China and India.[2] On the wall of the Visitor's Room on the sixth floor of the lighthouse under the light room there is a panel with the following inscription:

  • Pharos Ego Cui nomen praebuit Horsburgh Hydrographus In maribus Indo Sinicis praeter omnes praeclarus Angliae Mercatorum nisi imprimis indole Ex imperii opibus Anglo Indici denique constructa Saluti nautarum insignis viri memoriae Consule A. D. MDCCCLI W. J. Butterworth, C. B., Prov: Malacc. Praef.
  • A.D. 1851 The Horsburgh Lighthouse is raised by the British enterprise of British Merchants, and by the liberal aid of the East India Company, to lessen the dangers of navigation, and likewise to hand down, so long as it shall last, in the scene of his useful labours, The Memory of the Great Hydrographer whose name it bears. Col. W. J. Butterworth, C. B., Governor in the Straits of Malacca. J. T. Thomson, Architect.

Translated literally into English, the Latin inscription reads:

I, the lighthouse, to whom was given the name of Horsburgh the Hydrographer who is famous beyond all others in the Indo-Chinese sea, was constructed, if not primarily by the natural talents of the English merchants, then certainly by the power of the Anglo-Indian empire, for the salvation of sailors and in memory of the famous man, during the consulate of W. J. Butterworth, C. B., governor of the province of Malacca, in 1851.
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