Update 24 Jan 2024: 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".
Singapore says Kuala Lumpur’s royal inquiry into Pedra Branca an ‘internal matter of Malaysia’
The International Court of Justice awarded sovereignty over Pedra Branca to Singapore in 2008. PHOTO: ST FILE
A plan by Malaysia to set up a royal commission of inquiry to study a 2018 decision to drop a review of an international court’s ruling on three disputed islets, including Pedra Branca, is a Malaysian “internal matter” and will not affect bilateral ties, Singapore said on Jan 25.
Singapore’s Ministry of Foreign Affairs (MFA), in response to a query from The Straits Times, said in a statement: “The Royal Commission of Inquiry is an internal matter of Malaysia. “We do not see this affecting the good bilateral relations between Singapore and Malaysia.” MFA said the International Court of Justice (ICJ) awarded sovereignty over Pedra Branca to Singapore on May 23, 2008, in the case concerning sovereignty over Pedra Branca, Middle Rocks and South Ledge. “Both Singapore and Malaysia have publicly announced that they will accept and abide by the Court’s decision which is final,” the statement added. Malaysia’s Chief Secretary to the Government, Tan Sri Mohd Zuki Ali, said on Jan 24: “The Cabinet has agreed to set up a Royal Commission of Inquiry to study the handling of cases related to Batu Puteh, Batuan Tengah and Tubir Selatan.” Malaysia uses Malay names to refer to Pedra Branca (Batu Puteh) and the two maritime outcrops – Middle Rocks (Batuan Tengah) and South Ledge (Tubir Selatan).
Mr Zuki said Malaysia’s King will approve the members of the commission, who will be chosen for their expertise in judicial, legal and public administration matters, and “who can carry out a transparent, fair and equal investigation”. The decision to drop the review was made by Tun Dr Mahathir Mohamad when he became prime minister after the 2018 polls. Pedra Branca is located at the eastern entrance of the Singapore Strait, about 24 nautical miles east of Singapore. To its south are Middle Rocks and South Ledge.
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.
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.
related:
Batu Puteh: Review claim through immediate 'meaningful' talks with S'pore - PM Anwar
Prime Minister Datuk Seri Anwar Ibrahim wants the claim over Batu Puteh (Pedra Branca) to be reviewed through immediate and more ‘meaningful’ negotiations with Singapore without jeopardising bilateral relations.
“I have asked the Attorney-General (Tan Sri Idrus Harun) for an explanation on the controversial Batu Puteh claim which as it stands has been awarded to Singapore by the ICJ (International Court of Justice and also any other arising implications. I asked that (the matter) be looked into so that there can be more meaningful negotiations with Singapore," he said at a media conference after chairing the Cabinet
meeting here today.
On Oct 13, former Prime Minister Datuk Seri Ismail Sabri Yaakob, in a statement, said the Cabinet had agreed for Malaysia to proceed with legal action at the ICJ on the dispute involving the sovereignty over Batu Puteh, Batuan Tengah (Middle Rocks) and Tubir Selatan (South Ledge). Ismail Sabri said the matter was agreed upon after hearing the presentation and proposals by the special task force to review laws relating to sovereignty over the disputed islets on Oct 7.
PM Anwar told Malaysia’s A-G to review Pedra Branca issue for ‘meaningful’ talks with Singapore
The International Court of Justice in 2008 awarded sovereignty over Pedra Branca to Singapore. PHOTO: ST FILE
Malaysia’s Attorney-General has been instructed to review matters pertaining to claims over Pedra Branca so that negotiations with Singapore on the issue will be more fruitful, Prime Minister Anwar Ibrahim said on Wednesday.
Datuk Seri Anwar said A-G Idrus Harun was also asked to look into the impact of the International Court of Justice (ICJ)’s decision to award Singapore legal jurisdiction of Pedra Branca, which Malaysia calls Batu Puteh, The Star daily reported. “The Cabinet has tasked the A-G to look into the matter so that negotiations and discussions with Singapore on Batu Puteh will have a meaningful outcome. “Further, we do not want this to result in issues or problems in the relations of two neighbouring friends,” he said to reporters after chairing the weekly Cabinet meeting on Wednesday, as reported by The Star.
On Oct 13 this year, then-prime minister Ismail Sabri Yaakob said his Cabinet was informed of the possibility of negligence and mistakes made by Tun Dr Mahathir Mohamad, when he was premier in 2018, when withdrawing an application to review the ICJ’s decision on Pedra Branca. Dr Mahathir, who headed the Pakatan Harapan federal government in 2018, withdrew the application before the case was scheduled to be heard on June 11 that year. He said the withdrawal was based on the advice of former A-G Apandi Ali.
related:
M'sian PM Anwar wants A-G to review Pedra Branca case for ‘more meaningful’ talks with Singapore
The tiny island of Pedra Branca sits at the entrance to the Singapore Strait at 44 km east of the city state and 15km off peninsular Malaysia's southern coast
Malaysia’s Prime Minister Anwar Ibrahim has asked the country’s Attorney-General (A-G) Idrus Harun for an explanation about the Pedra Branca island ownership controversy so he can initiate discussions with Singapore.
Located at 24 nautical miles (44km) to the east of Singapore, the island is referred to by Malaysia as "Pulau Batu Puteh". Mr Anwar told a news conference in Putrajaya on Wednesday (Dec 14) that his government will review the issue of the island so that a more meaningful negotiation can be held with Singapore. “Then we asked the A-G to give an explanation over the controversial claims of Batu Puteh that has been moved to Singapore by the International Court of Justice (ICJ),” he said.
Mr Anwar added: “Its side effects will also be reviewed and studied so that a more meaningful and immediate discussion can be held with Singapore so that no issues will arise between two friendly countries.” The news conference was also live-streamed on Mr Anwar’s Facebook page.
Singapore ready to defend sovereignty over Pedra Branca, in response to Malaysian reports
MFA said Singapore had noted Malaysia's press release that it intends to continue legal action in the ICJ on the issue of sovereignty over Pedra Branca. - ST
Singapore said on Friday (Oct 14) that the Republic stands ready to defend its sovereignty over Pedra Branca, and will deal with legal action Malaysia might pursue.
A spokesman for the Ministry of Foreign Affairs (MFA) said Singapore had noted Malaysia's press release that it intends to continue legal action in the International Court of Justice (ICJ) on the issue of sovereignty over Pedra Branca.
"Singapore is unable to comment on Malaysia's latest intentions since no details have been shared," the spokesman said. "Singapore stands ready to robustly defend our sovereignty over Pedra Branca and will deal with whatever legal action Malaysia may pursue," he added.
S'pore ready to defend sovereignty over Pedra Branca, will deal with 'whatever' legal action from M'sia: MFA
Singapore stands ready to "robustly defend" its sovereignty over the island of Pedra Branca, and will deal with "whatever legal action" Malaysia may pursue, the Ministry of Foreign Affairs (MFA) said in a press release issued on Friday evening, Oct. 14.
MFA made these comments following Malaysian Prime Minister Ismail Sabri's announcement on Oct. 13 saying that the country will be proceeding with legal action at the International Court of Justice (ICJ) over its claim to Pedra Branca.
In a statement, Ismail Sabri attributed "possible negligence and mistakes" by former PM Mahathir Mohamad that resulted in Malaysia missing the "opportunity" to file a review application against the 2008 ICJ judgment, which ruled that Singapore has sovereignty over Pedra Branca.
In May 2018, Malaysia, under the Pakatan Harapan administration led by Mahathir, withdrew its bid to challenge the 2008 ICJ ruling. Mahathir said at the time that Malaysia is "doing some rethinking about that" -- Mahathir was later dragged by nationalistic social media users when he defended his decision in June 2022.
M’sia To Pursue Legal Action Over Pedra Branca, MFA Says S’pore Will Defend Sovereignty
Singapore will deal with whatever legal action Malaysia may pursue
Whenever relations between Singapore and Malaysia are mentioned, many will think of Pedra Branca.
The tiny island has been a source of dispute between the two countries for more than 40 years, and the issue has arisen yet again. Malaysia has said they’ll again pursue legal action over the sovereignty of Pedra Branca.
In response, Singapore’s Ministry of Foreign Affairs (MFA) has said that we’ll “robustly defend our sovereignty over Pedra Branca”.
MFA Spokesperson's Comments on Malaysia's Announcement of its Intention to Continue Legal Action at the International Court of Justice in the Case Concerning Sovereignty over Pedra Branca, Middle Rocks and South Ledge
In response to media queries, the MFA Spokesperson said:
- “Singapore has noted Malaysia’s press release that Malaysia intends to continue legal action in the International Court of Justice (the Court) on the issue of sovereignty over Pedra Branca. In 2008, the Court awarded sovereignty over Pedra Branca to Singapore in the Case concerning Sovereignty over Pedra Branca, Middle Rocks and South Ledge. After the Court’s decision, both Singapore and Malaysia publicly announced that they will accept and abide by the Court’s decision which is final.
- In 2017, Malaysia instituted an application for revision and a request for interpretation of the Court’s 2008 decision, which were subsequently withdrawn by Malaysia in 2018. Under the Statute of the Court, an application for revision cannot be made after the expiry of ten years from the date of the Court’s 2008 judgment (i.e., May 2018).
Singapore is unable to comment on Malaysia’s latest intentions since no details have been shared. Singapore stands ready to robustly defend our sovereignty over Pedra Branca and will deal with whatever legal action Malaysia may pursue.”
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.
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 and Singapore dispute over air and sea boundaries
A radar system in the Lion City that will bring low-flying jets over Johor has rattled Kuala Lumpur. But the city state says its northern neighbour has repeatedly intruded into Singaporean waters
Relatively balmy ties between Malaysia and Singapore on Tuesday took a turn for the worse as the two neighbours bristled at each other for purportedly violating each other’s air and sea boundaries, rekindling memories of now-resolved disputes over similar issues decades earlier.
The development was the first major low point in the bilateral relationship since the May election in which former prime minister Najib Razak, often viewed as friendly to Singapore, was ousted. His successor, 93-year-old Mahathir Mohamad, who is serving a second stint as premier, is perceived by foreign policy observers on both sides as being hawkish towards the Lion City. One Malaysian analyst told This Week in Asia the veteran politician might be using Singapore as an external bogeyman as domestic pressure intensifies for his new government.
Tuesday’s salvo of accusation and counter-accusation was kicked off by Malaysia’s Transport Minister Anthony Loke, as he told parliament in the morning that the government was angered by the Lion City’s unilateral decision to broadcast a new radar system in its secondary civilian airport.
related:
Malaysia asks attorney-general to clarify Pedra Branca claim 'controversy'
Malaysia files for revision of ICJ’s Pulau Batu Puteh decision
Malaysia and Singapore dispute over air and sea boundaries
Iskandar Malaysia: Why are the Chinese here?
S'pore-KL High Speed Rail Agreement
Malaysia's "gain" and Singapore's "loss"
Malaysia's ECRL touted as a game changer
Embracing, Leaning & Tilting towards China
Mega reclamation project off Johor
Malaysia and Singapore dispute over air and sea boundaries
Iskandar Malaysia: Why are the Chinese here?
S'pore-KL High Speed Rail Agreement
Malaysia's "gain" and Singapore's "loss"
Malaysia's ECRL touted as a game changer
Embracing, Leaning & Tilting towards China
Mega reclamation project off Johor
