12/07/2021

Singapore to reclaim land around Pedra Branca


Update 24 Feb 2023: S’pore to stop development plans in Batu Puteh, says Mohamad

ALL ongoing reclamation and development plans by Singapore in Batu Puteh will be temporarily halted, says Deputy Foreign Minister Datuk Mohamad Alamin. According to him, the decision by Singapore came following Malaysia’s verbal and written objections that Singapore has no right to continue planning development and reclamation works until the two countries finalise the maritime borders in those waters.

“Singapore agreed to stop all temporary plans for development and reclamation works in Batu Puteh. “Aside from determining maritime borders, negotiations to discuss Singapore’s unilateral development plans in Batu Puteh have been started by both countries,” said Mohamad during his winding-up speech on the motion of thanks for the Royal Address in Parliament. He said the Foreign Ministry and other government agencies are monitoring current developments and studying actions that can be taken based on international laws and diplomatic relations between the two countries. “As a responsible nation, Malaysia remains with the principles that this matter has to be handled diplomatically in good faith,” he added.

Prime Minister Datuk Seri Anwar Ibrahim recently said Malaysia and Singapore agreed to hold detailed negotiations on the republic’s plans to reclaim land near Batu Puteh. Anwar also said this was agreed with Singapore Prime Minister Lee Hsien Loong during his recent visit to the republic last month. However, he said the decision of not appealing the International Court of Justice’s decision should be reviewed.



Malaysia asks attorney-general to clarify Pedra Branca claim 'controversy'
The International Court of Justice ruled in 2008 that Singapore had sovereignty over Pedra Branca. (File photo: CNA/Calvin Seah)

Malaysia has asked its attorney-general to clarify its claims on Pedra Branca, Prime Minister Anwar Ibrahim said on Wednesday (Dec 14), adding that he hopes for discussions with Singapore to ensure there are no problems between the two countries.

"We asked the attorney-general to clarify the controversy of the claims for Batu Puteh, which has now been awarded to Singapore by the ICJ (International Court of Justice)," Mr Anwar said after a Cabinet meeting, using Malaysia's name for the island. Mr Anwar said his government will also ask that "related consequences" are studied again so there can be more "meaningful and immediate" discussions with Singapore. This is to ensure there are no problems in the relationship between the two "friendly" countries, he added.

This is the first time that Mr Anwar has brought up the issue of Pedra Branca as the country's leader, after his predecessor Ismail Sabri Yaakob said in October that his Cabinet had agreed to proceed with legal action at the ICJ on the issue. Singapore's Ministry of Foreign Affairs (MFA) responded then that Singapore stood ready to "robustly defend" its sovereignty over Pedra Branca, located near the eastern entrance of the Straits of Singapore, about 44km east of mainland Singapore.


Singapore’s Land Reclamation on Pedra Branca: Implications for Malaysia
While the ICJ awarded Pedra Branca to Singapore in 2008, its planned land reclamation works could have far-reaching legal ramifications

Earlier this week, Singapore announced that it will conduct land reclamation works within 0.5 nautical miles of the small island of Pedra Branca. The seven hectare of land reclamation, equivalent in size to about 10 soccer fields, will be undertaken by the Housing and Development Board, an agency under the Ministry of National Development. The aim of the reclamation is to provide berthing for vessels, increase administrative support, and to improve communications facilities on the island.

With the announcement of these land reclamation works, which are expected to start by the end of this year, it is important to see how Singapore might benefit under international maritime law, as well as the possible maritime consequences for Malaysia. Sovereignty over Pedra Branca island, which lies approximately 24 nautical miles to the east of Singapore and 7.7 nautical miles to the south of the Malaysian State of Johor, became a subject of dispute since 1979, when Malaysia published a map indicating the island to be part of its territory. The island dispute went to the International Court of Justice (ICJ) in 2003, together with two other maritime features near Pedra Branca, namely Middle Rocks and South Ledge.

In 2008, the ICJ ruled that Singapore had sovereignty over Pedra Branca. While the Sultanate of Johor had original title to Pedra Branca, sovereignty over the island had passed to Singapore by 1980, when the dispute crystallized. The ICJ’s ruling was made on the basis of the fact that Singapore and its predecessor polities had exercised several acts of sovereignty over the island, to which Malaysia and its predecessors had failed to respond. In the same ruling, ICJ also awarded Middle Rocks to Malaysia and ruled that South Ledge belonged to the state in whose territorial waters it is located, a question that is to be determined through a process of negotiation between Singapore and Malaysia. In 2017, Malaysia filed a request for the revision and interpretation of the ICJ’s 2008 Judgment. A revision application seeks to revise or alter judgment based on purported newly-discovered facts, while an interpretation application seeks to clarify a judgment. On May 28, 2018, however, Malaysia informed the ICJ that it would discontinue the proceedings for both the revision and interpretation cases. Subsequently, ICJ informed Malaysia and Singapore that the Court had placed on record the discontinuance, by agreement of both Parties.


S'pore & M'sia discuss implementation of ICJ's judgement on Pedra Branca, Middle Rocks & South Ledge

The Singaporean and Malaysian Ministers for Foreign Affairs, Vivian Balakrishnan and Saifuddin Abdullah, released a joint press statement on the Ninth Malaysia-Singapore Joint Technical Committee (MSJTC). The MSJTC met virtually on Nov. 23 to continue the discussion on the implementation of the International Court of Justice (ICJ) judgement on Pedra Branca, Middle Rocks and South Ledge.

The Malaysian delegation was led by the secretary-general of the Ministry of Foreign Affairs, Muhammad Shahrul Ikram Yaakob while Singapore's delegation was led by Chee Wee Kiong, Permanent Secretary of Ministry of Foreign Affairs. According to the joint statement, the meeting continued discussions on related issues arising from the ICJ Judgement on the case concerning sovereignty over Pedra Branca, Middle Rocks and South Ledge. It stated that the meeting endorsed the Terms of Reference (TOR) for the Sub-Committee on Maritime Boundary Delimitation of Pedra Branca, Middle Rocks and South Ledge.

The joint statement also mentioned that the Meeting agreed that the Sub-Committee will continue its work in accordance with the TOR. "Malaysia and Singapore remain committed to resolving maritime boundary issues between the two countries," the joint statement added. Malaysia will host the tenth MSJTC Meeting in 2022.

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Malaysia to study options on Pedra Branca, 13 years after ICJ decision to award it S'pore
The question of sovereignty over Pedra Branca was brought to the International Court of Justice in 2003. ST PHOTO: GIN TAY

Malaysia will study its options with regards to the International Court of Justice's (ICJ) 2008 decision to award Pedra Branca to Singapore, Prime Minister Ismail Sabri Yaakob said on Saturday (Oct 9).

The move comes more than three years after an application to review the ruling was abandoned by the Malaysian government. Datuk Seri Ismail said in a statement the Cabinet had agreed on Friday to form separate special panels and give them six months to look into three long-standing controversies, including Kuala Lumpur's claim of what it calls "Pulau Batu Puteh" that first sparked a dispute  more than four decades ago.

He said a special task force would "propose suitable options by obtaining views from international legal experts" on laws regarding a "request to review and interpret the Pedra Branca/Pulau Batu Puteh case". The team will be led by Tan Sri Apandi Ali, who was attorney-general when the Najib Razak administration applied in 2017 for a review of ICJ's decision.


Singapore’s Land Reclamation on Pedra Branca: Implications for Malaysia
While the ICJ awarded Pedra Branca to Singapore in 2008, its planned land reclamation works could have far-reaching legal ramifications

Earlier this week, Singapore announced that it will conduct land reclamation works within 0.5 nautical miles of the small island of Pedra Branca. The seven hectare of land reclamation, equivalent in size to about 10 soccer fields, will be undertaken by the Housing and Development Board, an agency under the Ministry of National Development. The aim of the reclamation is to provide berthing for vessels, increase administrative support, and to improve communications facilities on the island.

With the announcement of these land reclamation works, which are expected to start by the end of this year, it is important to see how Singapore might benefit under international maritime law, as well as the possible maritime consequences for Malaysia.

Sovereignty over Pedra Branca island, which lies approximately 24 nautical miles to the east of Singapore and 7.7 nautical miles to the south of the Malaysian State of Johor, became a subject of dispute since 1979, when Malaysia published a map indicating the island to be part of its territory. The island dispute went to the International Court of Justice (ICJ) in 2003, together with two other maritime features near Pedra Branca, namely Middle Rocks and South Ledge.


To build facilities to improve maritime safety and security
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.


Development works at Pedra Branca, including land reclamation, to begin later this year: MND
Land reclamation works will be carried out within 0.5 nautical miles of Pedra Branca and in Singapore territorial waters off the island.PHOTO: ST FILE

Works at Pedra Branca to improve existing facilities, provide berthing for vessels and additional logistics, administrative support and communications facilities on the island are expected to start by the end of this year. It will also include land reclamation of about 7ha, the Government said on Monday (July 5).

The planned development is to enhance maritime safety and security and improve search and rescue capabilities in the area. Land reclamation works will be carried out within 0.5 nautical miles of Pedra Branca and in Singapore territorial waters off the island. One nautical mile is about 1.85km. "All works carried out will be in accordance with Singapore's domestic laws and international law," said a spokesman for the Ministry of National Development (MND), adding that they are expected to take several years to complete.

The island, located about 44km off mainland Singapore's eastern coast, now hosts amenities such as the Horsburgh Lighthouse, a helipad, desalination plant, facilities for a vessel traffic information system, as well as a communications tower and rebroadcast station.

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Singapore to proceed with planned development works at Pedra Branca: MND
Pedra Branca

Singapore will proceed with planned development works at Pedra Branca in accordance with international law, the Ministry of National Development said on Monday (Jul 5). The development works, previously announced in 2019, are to enhance maritime safety and security, as well as improve search and rescue capabilities in the area.

The works will be carried out within 0.5 nautical miles of Pedra Branca and in Singapore's territorial waters. MND said Singapore had considered undertaking these development works as far back as the 1970s. However, they were postponed in view of the legal dispute between Singapore and Malaysia regarding the sovereignty over Pedra Branca, Middle Rocks and South Ledge.

“The International Court of Justice awarded sovereignty over Pedra Branca to Singapore in 2008. The ICJ in its Judgment expressly noted that Singapore had plans for reclamation at Pedra Branca. “With the discontinuance of Malaysia’s applications for revision and interpretation of the ICJ’s Judgment in 2018, Singapore will now proceed with these development works,” said MND.

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Singapore, Malaysia continue discussions on implementation of international court ruling on Pedra Branca
Pedra Branca is located 44km off Singapore’s east coast. The territorial dispute dated back to 1979 when Malaysia published a map indicating that the island was within the country’s territorial waters

Government officials from Singapore and Malaysia met in Kuala Lumpur on Tuesday (Jan 21) to continue discussions on the implementation of the International Court of Justice (ICJ) Judgment on Pedra Branca, Middle Rocks and South Ledge.

This was announced in a joint press statement by the Minister of Foreign Affairs for Singapore, Dr Vivian Balakrishnan, and his Malaysian counterpart Saifuddin Abdullah on Wednesday.

The statement said that the Malaysia-Singapore Joint Technical Committee (MSJTC) met to discuss related issues arising from the ICJ judgement on the case concerning the sovereignty over Pedra Branca, Middle Rocks and South Ledge.

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Malaysia opens maritime base near Pedra Branca
The maritime base on the Middle Rocks was built at a cost of RM61.5 million (S$19.5 million), and has a 316m-long jetty, a helipad and a lighthouse. Singapore's Pedra Branca can be seen in the background. PHOTO: FACEBOOK PAGE OF SULTAN OF JOHOR

Malaysia has signalled its keen sovereign interest by completing a maritime base just a kilometre away from Pedra Branca, and hopes to tighten its sea borders in the area where frequent trespasses by Vietnamese fishing boats have hurt the livelihoods of Malaysian fishermen, officials and analysts say.

The Sultan of Johor officially opened the maritime base on the Middle Rocks on Tuesday, after some five years of construction at a cost of RM61.5 million (S$19.5 million). The rocky outcrop was awarded to Malaysia in 2008 by the International Court of Justice (ICJ), which handed Pedra Branca to Singapore at the same time. Analysts note that the Abu Bakar Maritime Base should be welcomed as a positive development in maritime security. "There is undoubtedly a signal that Malaysia is serious about its sovereignty claims around that stretch of water. But both sides should turn this into a positive development to try to address common security concerns," S. Rajaratnam School of International Studies senior fellow Oh Ei Sun told The Sunday Times.

The base has a 316m-long jetty, a helipad and a lighthouse, and is manned by 17 personnel. Abu Bakar is the first sultan in the Johor ruling family that began in the 19th century. Johor's Sultan Ibrahim Sultan Iskandar on his official Facebook page said the facility was "aimed at safeguarding Malaysia's sovereign territory and waters, and for conducting marine scientific research".


Malaysia inaugurates new maritime base on Middle Rocks, near Pedra Branca
The Abu Bakar Maritime Base, built across the uninhabited features at the eastern opening of the Strait of Singapore, comprises a 316m jetty, a helipad, and a lighthouse. Photo: Royal Press Office of Johor Darul Ta'zim

Malaysia has set up a new maritime installation on Middle Rocks, which consists of two clusters of rocks 1km south of Pedra Branca, the island awarded to Singapore in a 2008 International Court of Justice (ICJ) ruling that Putrajaya is challenging.

The Abu Bakar Maritime Base, built across the uninhabited features at the eastern opening of the Strait of Singapore, comprises a 316m jetty, a helipad, and a lighthouse, IHS Jane’s Defence Weekly reported. The installation was inaugurated by the Sultan of Johor, Ibrahim Ismail Iskandar, on Aug 1. Also present at the inauguration was the Malaysian navy chief, Admiral Ahmad Kamarulzaman Ahmad Badaruddin, as well as senior officials from other maritime agencies, the defence magazine added.

According to a post on the Johor Sultan’s Facebook page, the installation, a project under the auspices of the National Security Council, “is aimed at safeguarding Malaysia’s sovereign territory and waters and for conducting marine scientific research”. The base also seeks to reaffirm “Malaysia’s absolute sovereignty over the Middle Rocks”, the post also said.



Malaysia drops their pursuit to possess Pedra Branca, but they’re planning bigger things for Middle Rocks
Pedra Branca aka Pulau Batu Puteh Photo: Singapore Memorial

After scrapping the high-speed rail project between Singapore and Kuala Lumpur, here’s another cancellation from Malaysia’s newly elected prime minister Mahathir Mohamad. Our northern neighbors have decided to drop their pursuit to possess Pedra Branca.

Singapore’s Ministry of Foreign Affairs (MFA) stated yesterday it had been informed by the International Court of Justice that Malaysia has decided to drop their challenge to the court’s 2008 judgment, which awarded sovereignty of the island to Singapore.

The small outlying island in the easternmost point of Singapore has long been a source of contention between the two countries. After all, the island is in a strategically important position, located 44km off Singapore’s east coast.


ICJ: Judgment in the Malaysia/Singapore case

The ICJ has rendered its Judgment in the case concerning the sovereignty over three maritime features in the Straits of Singapore, awarding the largest islet to Singapore. On Friday 23 May 2008, the International Court of Justice (ICJ) rendered its Judgment in the case concerning the sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore).

The Court found that sovereignty over Pedra Branca/Pulau Batu Puteh – a small but strategically located island in the Straits of Singapore – belongs to the Republic of Singapore and that sovereignty over Middle Rocks belongs to Malaysia. The Court refrained from awarding South Ledge to either country, ruling that sovereignty over the low-tide elevation belongs to the State in whose territorial waters it is located.

The dispute between Malaysia and Singapore over the three maritime features began in 1980 when Malaysia published an official map depicting the island of Pulau Batu Puteh (called Pedra Branca by Singapore) within Malaysia’s territorial waters. In 1993, the dispute expanded to Middle Rocks and South Ledge when Singapore referred to the maritime features in the context of its claim to Pedra Branca. The Court first found that the territorial domain of the Sultanate of Johor (Malaysia) did cover in principle all the islands and islets within the Straits of Singapore including Pedra Branca/Pulau Batu Puteh. It found that no development affected this original title until 1953.


Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)

On 24 July 2003, Malaysia and Singapore jointly seised the Court of a dispute between them by notification of a Special Agreement signed on 6 February 2003 and which entered into force on 9 May 2003. Under the terms of that Special Agreement, the Parties requested the Court to “determine whether sovereignty over: (a) Pedra Branca/Pulau Batu Puteh; (b) Middle Rocks; and (c) South Ledge belongs to Malaysia or the Republic of Singapore”. They agreed in advance “to accept the Judgment of the Court . . . as final and binding upon them”.

Following public hearings which were held in November 2007, the Court rendered its Judgment on 23 May 2008. In that Judgment, the Court first indicated that the Sultanate of Johor (predecessor of Malaysia) had original title to Pedra Branca/Pulau Batu Puteh, a granite island on which Horsburgh lighthouse stands. It concluded, however, that, when the dispute crystallized (1980), title had passed to Singapore, as attested to by the conduct of the Parties (in particular certain acts performed by Singapore à titre de souverain and the failure of Malaysia to react to the conduct of Singapore).

The Court consequently awarded sovereignty over Pedra Branca/Pulau Batu Puteh to Singapore. As for Middle Rocks, a maritime feature consisting of several rocks permanently above water, the Court observed that the particular circumstances which had led it to find that sovereignty over Pedra Branca/Pulau Batu Puteh rested with Singapore clearly did not apply to Middle Rocks. It therefore found that Malaysia, as the successor to the Sultan of Johor, should be considered to have retained original title to Middle Rocks. Finally, with respect to the low-tide elevation South Ledge, the Court noted that it fell within the apparently overlapping territorial waters generated by Pedra Branca/Pulau Batu Puteh and by Middle Rocks. Recalling that it had not been mandated by the Parties to delimit their territorial waters, the Court concluded that sovereignty over South Ledge belongs to the State in whose territorial waters it lies.


Pedra Branca

Pedra Branca is an island located at the eastern entrance of the Straits of Singapore, about 24 nautical miles east of Singapore. The British colonial government took possession of the island over 160 years ago to build Horsburgh Lighthouse and other structures on it. Since then, Singapore has exercised continuous sovereignty over the entire island and its adjacent waters.

The oldest feature on the island is the Horsburgh Lighthouse, which was built by the British between 1847 and 1851. Today, Pedra Branca also hosts a military rebroadcast station, a helipad, a desalination plant and a communications tower. Pedra Branca is also home to the keepers of Horsburgh Lighthouse.

To the south of Pedra Branca are two maritime features: Middle Rocks and South Ledge. Middle Rocks consists of two clusters of rocks situated 0.6 nautical miles south of Pedra Branca. South Ledge is a low-tide elevation (a feature that is submerged at high tide) further south, 2.1 nautical miles off Pedra Branca.


Malaysia files new application to ICJ on Pedra Branca ruling
What’s Next for the Malaysia-Singapore Pedra Branca Dispute?

Last week, the International Court of Justice (ICJ) announced that it would hold public hearings in June related to Malaysia’s new challenge of its previous ruling on a decades-long island dispute with Singapore over Pedra Branca / Pulau Batu Puteh. The announcement marks just the latest development following the recent revival of the dispute that continues to loom over the broader bilateral ties.

As I have noted before in these pages, Malaysia and Singapore have had a rather prickly relationship in the past, and despite some significant improvements in ties over the past few years, problems still tend to arise in ties from time to time in part due to domestic politics (See: “Malaysia-Singapore Relations in the Spotlight with 2017 Leaders’ Retreat”).

Pedra Branca is a case in point. Though the International Court of Justice (ICJ) ruled back in May 2008 that Singapore had sovereignty over it after a decades-long row, Malaysia filed a new application to the ICJ in February 2016 to revise the judgment citing new evidence from documents discovered in British archives, with a separate application for interpretation filed in June 2017. In doing so, Malaysia effectively revived the decades-long dispute and complicated a historically rocky bilateral relationship.


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


Malaysia to launch royal commission of inquiry to look into cases involving disputed Singapore Strait islets
The International Court of Justice ruled in 2008 that Singapore had sovereignty over Pedra Branca. (File photo: CNA/Calvin Seah)

Malaysia will set up a royal commission of inquiry to study the handling of cases involving three disputed islets in the Singapore Strait, the Cabinet said on Wednesday (Jan 24). Prime Minister Anwar Ibrahim had previously called for a review of a 2018 decision by Malaysia - under the administration of then-prime minister Mahathir Mohamad - to drop its application to revise an International Court of Justice (ICJ) ruling that Singapore had sovereignty over Pedra Branca, one of the islets.

The dispute over Pedra Branca dates back to 1979, when Malaysia published a map indicating that the island was within the country's territorial waters. Pedra Branca is located near the eastern entrance of the Singapore Strait, about 44km east of mainland Singapore. The matter was brought to the ICJ in 2003, and on May 23, 2008, it ruled that Singapore had sovereignty over Pedra Branca, while Middle Rocks was awarded to Malaysia and South Ledge belonged to the state in whose territorial waters it is located. Malaysia in 2017 sought to have the Pedra Branca part of the ruling overturned, but dropped its claim a year later after Mahathir became prime minister.

Chief Secretary to the Government Mohd Zuki Ali said on Tuesday recommendations for the composition of the inquiry panel will be brought to Malaysia's king for approval. "The recommendations ... will take into account experts with wide experience in judicial, legal, and public administration matters who can carry out a transparent, fair and equal investigation," Mohd Zuki said in a statement. Last year, Malaysia's Attorney-General Idris Harun said the government was of the view that the 2018 decision to withdraw two applications to the ICJ concerning the sovereignty of Pedra Branca, Middle Rocks and South Ledge was "not in order and improper".


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