Malaysia respects 2008 ICJ ruling on Pedra Branca, but says 2018 move to withdraw review application was ‘improper’

SINGAPORE: The Malaysian government respects a 2008 International Court of Justice (ICJ) ruling indicating that Singapore had sovereignty over Pedra Branca, Attorney-General Idris Harun said on Friday (Jan 27). 

He also said that a decision made by the Mahathir Mohamad administration back in 2018 to withdraw Malaysia’s application to revise the ICJ judgment was “improper”.

This comes after the current administration, led by Prime Minister Anwar Ibrahim, asked Mr Idris last month to clarify Malaysia’s claims on Pedra Branca, or what it calls Pulau Batu Puteh.

The government had convened a special task force to look into the issue, and the task force tabled its final report for the Cabinet on Jan 11.

In May 2018, Malaysia said it would discontinue an application for revision and a request for interpretation of the ICJ’s 2008 judgment. They were filed in February 2017 and June 2017, respectively.

The decision to discontinue was made shortly after the Pakatan Harapan coalition emerged victorious in Malaysia’s 14th General Election on May 10, 2018, and its leader Dr Mahathir was sworn in as prime minister.

“Following the agreement between Malaysia and the Republic of Singapore on 23rd May 2018 to discontinue the two Applications, the ICJ by an Order dated 29th May 2018, had informed Malaysia and the Republic of Singapore that the Court had placed on record the discontinuance of the two Applications and directed the cases to be removed from the Court’s List,” the attorney-general at the time said.

In a statement on Friday, Mr Idris said the government is 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”. He did not elaborate.

Mr Idris said his office is also studying the task force’s recommendations, including an issue relating to “tort of misfeasance in public office”, and will take appropriate action to carry out the Cabinet’s decision.

Misfeasance is a form of misconduct and occurs when a public official, public servant or public body knowingly acts to cause loss or harm to a third party. 

Despite the 2018 decision by the Mahathir-led government, Mr Anwar’s predecessor Mr Ismail Sabri Yaakob said in October last year that his Cabinet had agreed to proceed with legal action at the ICJ on the issue.

Singapore's Ministry of Foreign Affairs (MFA) responded on Oct 14, 2022 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.

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.

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.

"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," MFA said.

"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 10 years from the date of the Court’s 2008 judgment, that is, May 2018."

Mr Idris said on Friday that issues relating to Batu Puteh were of “vital importance” as they involve Malaysia’s strategic interests and sovereignty.

“In this regard, the government will continue to ensure that Malaysia’s interest and sovereignty are protected and preserved at all times,” he added.