Batuh Puteh / Pedra Branca issue finally resolved

Well, the verdict is out. Batu Puteh will now officially belong to Singapore. The 29 year old issue (same age as me) has finally reached it's verdict as presented by the International Court of Justice (ICJ) in the Hague.

For you lot who haven't the notion (or like me, just needing a refresher) on the issue, Wikipedia has more or less the gist of it. Again, where will I be without Wikipedia?

Pedra Branca, South China Sea

And, for the official result:

International Court of Justice official press release on the judgement

As for my big boss' statement on the verdict:

STATEMENT BY MINISTER OF FOREIGN AFFAIRS

DATO' SERI UTAMA DR RAIS YATIM TO RTM

ON THE VERDICT BY THE INTERNATIONAL COURT OF JUSTICE (ICJ)

ON THE PULAU BATU PUTEH CASE, 23 MAY 2008

The verdict by the International Court of Justice (ICJ) this morning has given rise to a "win-win" situation for both sides.

At one level, it was decided by the ICJ based on historical facts; the facts of international law; the effects of administrative acts and other matters related to the claim on Pulau Batu Puteh; that the sovereignty over Pulau Batu Puteh is to be awarded to the Republic of Singapore. At the same time however the ICJ awarded sovereignty over Middle Rocks to Malaysia, which represents a victory for our country.

Relating to South Ledge, the Court ruled that its sovereignty is dependent on the State in which the territorial waters are located. Since South Ledge is within the territorial waters of Middle Rocks, Malaysia appears to be the sovereign holder.

Therefore, the conclusion is that this is a "win-win" situation. The explanations given by the ICJ are being examined by both sides, and as I have earlier mentioned, this decision will be dependent on our follow-up action to create a technical committee for both countries. Our follow-up action will be announced later by both sides via the committee, once the committee has completed its study on the matter.

What's important to note is that the explanation given by the ICJ in its decision to award sovereignty was based on the fact that beginning from 1850 until 1953, Malaysia did not, in terms of evidence, effect any actions or grounds which can be accepted as proof of sovereignty, be it in terms of occupation, conducting checks or supervision activities on Pulau Batu Puteh.

Secondly, the Court also emphasised that the map drawn up and produced by Malaysia in 1962, 1965, 1974 and 1975 had actually reflected on Singapore's claim.

Thirdly, the letter by the officer representing the Johor State Secretary in 1953 was regarded by the Court as proof that there was a handover of power and sovereignty over the island.

The Court, employing a different concept, meanwhile determined that the sovereignty over Middle Rocks belongs to Malaysia. With this decision by the ICJ, Malaysia can from now enforce any of its sovereign rights towards Middle Rocks, including occupying the island, allowing fishing, research, weather forecasting and other activities. South Ledge is meanwhile now in Malaysian territorial waters.

Dato' Seri Utama Dr Rais Yatim

Minister of Foreign Affairs, Malaysia

23 May 2008

And the Press Statement of the Ministry of Foreign Affairs Singapore:

MFA Press Statement: International Court of Justice awards sovereignty of Pedra Branca to Singapore, 23 May 2008

We are pleased with the judgment of the International Court of Justice (ICJ), which awards Singapore sovereignty over Pedra Branca which is the key feature in dispute. The judgment is not totally in Singapore's favour, as the Court has awarded Middle Rocks to Malaysia. The Court also decided that South Ledge belongs to the country in whose territorial waters it is located. We had argued that these features are part of Pedra Branca but as the Court has found otherwise, Singapore accepts the Court's decision.

This judgment brings to a closure a long-standing territorial dispute between Malaysia and Singapore. Both countries had undertaken to respect and abide by the findings regardless of which way the ICJ decided. We will now put this issue behind us and move on to strengthen our bilateral and regional cooperation.

By resolving this dispute through third party adjudication, both countries have demonstrated our respect for international law and our commitment to settling disputes in an amicable manner. This case exemplifies the usefulness of a third party dispute settlement mechanism, and can be a model for resolving other bilateral disputes.

Singapore will discuss with Malaysia the steps and procedures to implement the decision of the Court. In this regard, officials from both sides had already been in discussion prior to the judgment of the Court.
The Government wishes to thank the Singapore team and our foreign counsel for their able presentation of our case before the ICJ. The Government also thanks the officials from all the Ministries and agencies who had worked very hard over many years on this case.

In response to media queries on the implications of the judgment on issues regarding Singapore's entitlement to territorial sea or maritime zones around Pedra Branca, the MFA Spokesman said:

"The Court was not asked to determine such questions of maritime space or boundary delimitation. Singapore's rights and interests on these matters will be pursued in accordance with international law.

As indicated in the Ministry of Foreign Affairs Press Statement dated 15 September 1980, Singapore has a territorial sea limit that extends up to a maximum of 12 nautical miles and an Exclusive Economic Zone. This is consistent with the United Nations Convention on the Law of the Sea of 10 December 1982, which Singapore is a State Party to.

The precise coordinates of Singapore's territorial sea and Exclusive Economic Zone will be announced at an appropriate time. Should the limits of its territorial sea or Exclusive Economic Zone overlap with claims of neighbouring countries, Singapore will negotiate with those countries with a view to arriving at agreed delimitations in accordance with international law. Singapore reserves its position on international agreements it is not a party to."


Note: Both statements can be found on the respective Foreign Ministries' websites.


Now that the verdict has been made by the ICJ and that both parties seem to have
made peace with the results, can't we all just get along? Where's the love, y'all?