Page 4 - Diplomatic Voice Vol 4

FORUM Should Malaysia Reopen Batu Puteh? Contributed by Dr. Mohd Hazmi Mohd Rusli, Dr. Lowell B. Bautista and Dr. Roman Dremliuga Introduction Johor then became a member state of comply with the decision of the Court the newly independent Malaya in 1957 in any case to which it is a party. The International Court of Justice (ICJ) and in 1963, as part of modern Malay- Article 60 of the Statute of the ICJ awarded Batu Puteh (Pedra Branca) to sia. Johor’s sovereignty has been clearly states that ‘the judgment is Singapore in 2008. However, the internationally recognised when the final and without appeal’. However, if sovereignty over the Middle Rocks, a ICJ in 2008 acknowledged that Batu dispute arises as to the meaning or maritime feature that is located about Puteh was never a terra nullius and scope of the judgment, the Court shall one kilometre from Batu Puteh was historically was part of the Sultanate of construe it upon the request of any granted to Malaysia. This decision left Johor. Batu Puteh is located approxi- State parties. In addition, Article 61(1) a huge impact for maritime boundary mately seven nautical miles from the of the Statute of the ICJ allows State delimitations in this region and incited south-eastern point of the Johor coast parties to make an application for mixed feelings among Malaysians, and about 25 nautical miles from revision within ten years if new Singaporeans and the global commu- Singapore. evidence is adduced. nity as a whole. Quite recently, the Sultan of Johor suggested for a Temple of Preah Vihear Case special team to be established in making an appeal against the decision Temple of Preah Vihear is a classic of the ICJ in 2008. example of a reopened ICJ case. Preah Vihear is an ancient Hindu This article therefore discusses the temple that dates back to the Khmer th potential legal and political implica- Empire in the 11 century AD. Follow- tions should both Malaysia and Singa- ing a dispute between Cambodia and pore agree to revive this case at the Thailand on the ownership of the ICJ. This article concludes that while temple, both countries agreed to have this suggestion may possess merits, it this matter resolved by the ICJ. is nevertheless more feasible for Malaysia and Singapore to resolve the Map 1: The Location of Batu Puteh In 1962, the ICJ ruled that only the related disputes through bilateral temple building belonged to Cambo- negotiations so as to preserve the It has been six years since the ICJ dia while the direct way to access the concept of good neighbourliness and acknowledged the sovereignty over temple is from the Kantharalak district to avoid unnecessary disputes in the Batu Puteh to Singapore. Batu Puteh of Sisaket Province in Thailand. future. was not awarded to Malaysia as the Following this decision, Thailand re- ICJ was convinced that there was acted angrily and announced that it History effective occupation by Singapore would boycott all meetings of the then coupled with a letter issued by the Southeast Asia Treaty Organisation The Sultanate of Johor is one of the then Acting State Secretary of Johor in (SEATO) having its headquarters in longest existing sultanates in Malay- 1953 relinquishing Johor’s ownership Bangkok. Mass demonstrations were sia. Established in 1528, Johor rose to over the island. While Middle Rocks staged in Thailand protesting the th pre-eminence in the 17 century as a (Batuan Tengah) remained with Malay- ruling. maritime empire in and around the sia, the sovereignty over South Ledge Straits of Malacca and Singapore, has yet to be determined by these two After months of objections, the Thai stretching from Perak and Pahang to countries. government slowly backed down and the north and Lingga Islands to the decided to hand over Preah Vihear to south. Reopening Batu Puteh Cambodia. The Phnom Penh govern- ment officially took possession of the Unlike other Malay states that were Recently, the Sultan of Johor, Sultan temple in 1963 in a ceremony attend- made vassals of the British Empire, Ibrahim Ismail urged the Johor State ed by 1000 people. As a gesture of Johor’s sovereignty was acknow- Government to establish a special good-neighbourliness, Cambodia al- ledged by the British Queen herself team in making an appeal against the lowed all Thais to visit the temple during the reign of Maharaja Abu decision on Batu Puteh. While this without visas and will not demand the Bakar in 1886. Johor remained an suggestion has its own merits, there return of any antiquities that may have independent sovereign state at least are a number of implications to be been taken away from the site. On 7 until 1914 when it accepted a British considered. July 2008, Preah Vihear was listed as a adviser prior to its inclusion into the United Nations Educational, Scientific Federation of Malaya as a British Article 94 of the United Nations Char- and Cultural Organisation (UNESCO) protectorate in 1948. ter requires that each member state World Heritage Site. 4 bulletin@idfr.gov.my