Withdrawal of Batu Puteh review application ‘not proper’

KUALA LUMPUR: The act of withdrawing a review application over the International Court of Justice’s (ICJ) decision on the Batu Puteh (Pedra Branca), Middle Rocks and South Ledge claim was not in order and improper, according to Attorney General Tan Sri Idrus Harun.

In a statement yesterday, he said the Final Report of the Special Task Force on the Sovereignty of Pedra Branca, Middle Rocks and South Ledge was tabled before the Cabinet for its consideration on Jan 11.

“Based on the Cabinet decision dated Jan 11, 2023, the government is of the view that the decision to withdraw both the Application for Revision of the decision of the case concerning the sovereignty over Pedra Branca, Middle Rocks and South Ledge (Malaysia/Singapore) and the Request for Interpretation of the decision in the said case was not in order and improper,” he said.

Nevertheless, Idrus said the government respected the judgment of the ICJ in the case concerning the sovereignty over Batu Puteh, Middle Rocks and South Ledge, dated May 23, 2008, Bernama reported.

“The Attorney General’s Chambers is studying the recommendations made by the Special Task Force including the issue relating to tort of misfeasance in public office and will take appropriate action to carry out the decision of the Cabinet,” he said.

Idrus said issues relating to Batu Puteh were of vital importance as they were related to the 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,” he added.

On Feb 3, 2017, the Malaysian government filed an application for a revision of the ICJ’s ruling in awarding legal jurisdiction of Batu Puteh to Singapore while Malaysia owned Middle Rocks and South Ledge belonged to the state in whose territorial waters it is located.However, in 2018, the then Pakatan Harapan government under Tun Dr Mahathir Mohamad’s leadership withdrew the application before its scheduled hearing on June 11, 2018.

On Dec 14 last year, the newly-appointed Prime Minister Datuk Seri Anwar Ibrahim called for the claim on Batu Puteh to be reviewed through immediate and more “meaningful” negotiations with Singapore, without jeopardising bilateral relations.

In an immediate response to Idrus’ statement, Pejuang’s information chief Muhammad Rafique Rashid Ali described it as perplexing “that on the one hand, the current government is of the view that the withdrawal of the two applications was improper (wholly denied) but, in the same vein, states it respects the ICJ’s decision”.

Muhammad Rafique, who is also a lawyer, said respecting the ICJ was the primary basis for the decision of the previous government in 2018.

“It is baffling that the Batu Puteh saga is still being relentlessly pursued despite the myriad of explanations, evidence and justifications that have been repeatedly made,” he added.