Channel NewsAsia - 50 minutes
ago
The Hague: The International Court of Justice will hand down its
verdict Friday over a sovereignty dispute between Malaysia and
Singapore for an island half the size of a football field on the
eastern approach to the Straits of Singapore.
The dispute over the island known as Pedra Branca by Singapore
and Pulau Batu Puteh by Malaysia, arose in 1980 after Malaysia
published a map and included the islet within its maritime
boundaries.
Both parties agreed to seek the intervention of the UN court and
the International Court of Justice heard arguments from both
parties last November on sovereignty over Pedra Branca and a pair
of nearby rock clusters known as Middle Rocks and South Ledge.
Malaysia claims the land was always its property, although
Singapore has been operating the Horsburgh Lighthouse on the island
for more than 130 years.
Sixteen judges who are elected by the United Nations General
Assembly and Security Council, heard the Pedra Branca case.
The judges hailing from countries like the US, China and
Slovakia, included two ad—hoc judges, Mr P S Rao of India who was
appointed by Singapore, and Mr Christopher John Robert Dugard from
South Africa who was chosen by Malaysia.
Presiding over the case was ICJ Vice—President, Awn Shawkat
Al—Khasawneh, of Jordan.
Normally, ICJ President, Rosalyn Higgins, would be part of the
panel, however she excused herself from the case because Singapore
had sought her opinion before she joined the Court.
Pedra Branca is the first case that Singapore has referred to
the ICJ, while for Malaysia, this is its second. Malaysia had
brought its territorial dispute with Indonesia over the islands of
Sipadan and Ligitan before the same court in 2002, and won the
case.
The aim of the ICJ, also known as the World Court, is to settle
legal disputes between countries and to give advice. Without the
court in the Hague, ICJ President, Rosalyn Higgins, believes it
would be very hard to imagine how such issues could have been
resolved.
Speaking to Channel NewsAsia, Judge Higgins said it was the ICJ
that first made clear that self determination is not just a
political aspiration, but a legal right. "How important that has
been in the world" she added.
"I’m sure the world would be a less good place, had the court
not been able to make its input."
Decisions by the ICJ are binding and cannot be appealed.
However, if one party fails to comply with the Court’s judgment,
the other can bring the matter to the Security Council.
But as Judge Higgins points out, "It’s now becoming appreciated
that you can maintain very good relations with neighbours, which I
know is very important for the Southeast Asian countries. Maintain
very good relations with neighbours, while having a third party,
the International Court, resolve a problem between you that you
haven’t been able to settle yourselves."
That was the step taken by Singapore and Malaysia, and both have
said they will accept the ICJ outcome without letting it affect
bilateral ties.
The Court has delivered over 94 judgments on issues like
territorial sovereignty and maritime boundaries since 1946.
CNA—AFP/sf
Channel NewsAsia will broadcast the verdict "live"
from 4pm (Singapore time)
