Judgment interpretation over Pulau Batu Puteh necessary for peace between both countries, says AG


Attorney-General Mohamed Apandi Ali says it is necessary to obtain a judgment interpretation on the ICJ's 2008 ruling on the Pulau Batu Puteh dispute to maintain peaceful relations between Malaysia and Singapore. – The Malaysian Insight pic by Nazir Sufari, July 4, 2017.

IT is necessary to obtain a judgment interpretation on the International Court of Justice’s (ICJ) 2008 ruling on the Pulau Batu Puteh dispute, to maintain peaceful relations between Malaysia and Singapore, Attorney-General Mohamed Apandi Ali said today.

“It will serve as a basis for the maintenance of orderly and peaceful relations between the parties in the management of their maritime zones and airspace in the future.

“Given the high volume of aerial and maritime traffic in these areas, the need to achieve a viable solution of this dispute is pressing,” Apandi said in a statement today.

The ICJ ruled on May 23, 2008, that ownership of Pulau Batu Puteh has been passed on to Singapore as it had been managing the island and its maritime zone while Johor, which had original ownership, had not for more than a century since the 1850’s.

ICJ also ruled that Middle Rocks and South Ledge, islets that are part of the Batu Puteh dispute, shall remain within the Johor territory.

On June 30, Malaysia filed an application requesting for the interpretation of the ICJ judgment.

The application was made pursuant to Article 60 of the Statute of the International Court of Justice, which provided that if any dispute arises over the meaning or scope of the ICJ judgment, the ICJ will construe it upon the request of any party.

Apandi said the application has nothing to do with an earlier one filed in February this year, that sought for a judgment revision after Malaysia discovered three documents in Britain’s National Archives to support its claim over the island and maritime features.

Justifying the latest application, Apandi said delimitation of maritime boundaries is among the scope of duties of the Singapore-Malaysia Joint Technical Committee on the Implementation of the ICJ judgement on Pedra Branca, Middle Rocks, and South Ledge (MSJTC).

“MSJTC met with an impasse because the parties failed to agree over the meaning of the judgment, as it concerned the South Ledge and waters around Pulau Batu Puteh.

“Throughout the post-judgment period, both countries have issued large numbers of official protests in respect of incidents alleged to have happened on, over and around the South Ledge and in the disputed waters around Pulau Batu Puteh and airspace above the waters,” he said.

Apandi said Malaysia was seeking interpretation into the meaning and scope of ICJ’s finding that “sovereignty over Pulau Batu Puteh (known as Pedra Branca in the island republic) belongs to Singapore”, and the “sovereignty over South Ledge belongs to the state in the territorial waters of which it is located”.

He said Malaysia had also applied for ICJ to declare that the waters around Pulau Batu Puteh remained within the territorial waters of Malaysia, and that South Ledge was in the territorial waters of Malaysia so it also belonged to Malaysia.

On Saturday, Singapore said in a statement that Malaysia’s latest request was puzzling.

“In our view, the ICJ judgment is clear and unambiguous. Malaysia’s request for the ICJ to interpret the judgment is puzzling.

“Singapore will therefore oppose Malaysia’s application for interpretation, which we consider to be both unnecessary and without merit,” said the ministry.

“Just as we are confident of our case on the revision application, we are also confident that we are on strong grounds to oppose this latest application by Malaysia for interpretation,” it said.

Singapore said it would file its written observations on the interpretation in due course and was committed to resolving these issues according to international law. – July 4, 2017.


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