THE unity government finds that the former Pakatan Harapan administration’s decision to withdraw an appeal against International Court of Justice’s (ICJ) 2008 ruling on the sovereignty of Pulau Batu Puteh was “not in order and improper”, Attorney-General Idrus Harun said today.

“Based on the cabinet decision dated January 11, the government is of the view that the decision to withdraw both the application for revision and the request for interpretation of the case concerning the sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks/Batuan Tengah and South Ledge/Tubir Selatan was not in order and improper. 

“Nevertheless, the government respects the judgment of the ICJ, dated May 23, 2008,” Idrus said. 

However, he added that the Attorney General’s Chambers (AGC) was studying the recommendations made by the special task force convened to look into the issue, which were presented to the cabinet on January 11, including the issue relating to tort of misfeasance in public office.

He added that the AGC would take appropriate action to carry out the cabinet’s wishes. 

He said issues relating to Pulau Batu Puteh are of vital importance as they relate to strategic interests and sovereignty of the nation. 

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

In 2017, Malaysia applied to the ICJ to request an interpretation of its 2008 judgment.  

However, in 2018, Dr Mahathir Mohamad’s Pakatan Harapan government withdrew the application to the award of Pulau Batu Puteh to Singapore.

Later, former prime minister Ismail Sabir Yaakob agreed with the proposal of the special task force tasked into looking at the sovereignty claims of Pulau Batu Puteh, Batuan Tengah and Tubir Selatan to continue legal action at the ICJ in the Hague.

Ismail said the cabinet, after being briefed on the findings of the task force, was told there was possible negligence and oversight on Dr Mahathir’s part. 

He also said that Dr Mahathir had previously missed the opportunity to file a review application against the judgment. – January 27, 2023.