Take it to ICJ if you have proof, Azalina tells Sulu claimants

PETALING JAYA: Datuk Seri Azalina Othman Said (pic) has told the self-proclaimed heirs of the late Sultan Sulu to take their claim of sovereignty over Sabah to the International Court of Justice (ICJ) if they have solid evidence.

The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said the Sulu claims, which involved several jurisdictions in France, Spain, the Netherlands, and Luxembourg, were not a commercial issue but one that touched on sovereignty.

“So challenge us in the ICJ if you claim you have entitlement, proof, mapping, and documents.

“Challenge us that way, and we will fight you until the end,” she said in her address at the International Arbitration Colloquium 2023.

The International Arbitration Colloquium 2023: State Sovereignty and Immunity in Commercial Arbitration at the Asian International Arbitration Centre in Kuala Lumpur aims to explore two main areas of interest in this dispute, namely, the effects of the New York Convention, sovereign immunity, and the arbitral processes.

Azalina said the Sulu claimants have used “guerrilla tactics” to abuse the arbitration process and pressure the Malaysian government, adding that Malaysia will not sit idly or remain silent.

“At this juncture, I must emphasise that neither the 1878 Agreement nor the 1903 Confirmation of Cession stipulate any arbitration agreement to reflect the parties intention to adopt arbitration as the preferred mechanism for dispute resolution.

“Evidently, in the absence of an arbitration agreement being the pre-requisite and foundation of any arbitration proceedings, the commencement of the purported arbitration proceeding by the Sulu claimants is, as a matter of fact, without basis,” she said.

She also noted the purported arbitration proceeding commenced by all of the self-proclaimed descendants of the Sulu Sultanate has perfectly illustrated a grave violation and abuse of the globally respected arbitration mechanism and processes.

She added that the government will continue to defend the country’s sovereignty.

Azalina also said that a state immunity act would shield Malaysia against claims from foreign states.

She discussed exploring a domestic state immunity act to be legislated.

State immunity prohibits the courts of one state from adjudicating on the domestic acts of another state and prohibits the courts of one state from asserting jurisdiction or permitting enforcement against another sovereign state or its property.

In a separate media statement, she said that the government had taken a stand to reject the purported award as it does not recognise its legitimacy and is actively litigating across Europe to ensure that the award is overturned.