Page 5 - Diplomatic Voice Vol 4

FORUM FORUM The 1962 decision of the ICJ left a Malaysia-Indonesia serumpun rela- Puteh, a reason that may have loophole as only the temple belongs to tionship, straining bilateral ties influenced the Sultan of Johor to Cambodia but not the land adjoining between these two countries resulting suggest for an appeal to be made the site. This subsequently led to in trust deficit. The Indonesian public against the earlier decision. The periodic outbreaks of violence and in general, through its mass media, decision made by the ICJ in 2008 was military clashes started to erupt in showed suspicion and resentment final and Batu Puteh is now within the 2008 and continued up to 2010. The against Malaysia being a good neigh- sovereignty of Singapore. worst attacks occurred in 2011 when bour within the Association of South- officials of both governments were east Asian Nation (ASEAN). Malaysia Nevertheless, Malaysia and Singapore negotiating the dispute, resulting in was alleged to have unwarrantedly could reopen this case just to allow injuries and deaths on both sides. ‘stolen’ Indonesian islands. The same the ICJ to decide on the unresolved scenario was displayed by Malaysia’s matters and not on the sovereignty Subsequent to a request made by media against Singapore when Putra- over Batu Puteh, particularly on so- Cambodia to remove Thai forces from jaya lost Batu Puteh in 2008. vereignty over South Ledge as well as that area, the ICJ, by a vote of 11-5 the maritime boundary delimitations ordered the immediate withdrawal of Bilateral Negotiations between these two States in that their military forces. Ultimately, the maritime area. ICJ, on 11 November 2013, ruled that Be that as it may, it is possible for Batu the area around and below the temple Puteh to be reopened but not on the As third party resolution of dispute belongs to Cambodia and requested question of the ownership of the through the ICJ may entail a ‘trust the removal of Thai forces from the island. The ICJ may deliberate matters deficit syndrome’ among State parties temple area. left unresolved in the 2008 judgment to the dispute as reflected in the after- particularly on the Malaysia-Singapore math of the ICJ cases of Sipadan-Ligi- The Preah Vihear case is a good point maritime boundaries between Batu tan and Batu Puteh, it is ultimately of reference on whether or not Malay- Puteh and the Middle Rocks as well as more favourable for Malaysia and sia should reopen Batu Puteh. Article the question of sovereignty over South Singapore to resort to bilateral nego- 60 of the Statute of the ICJ clearly Ledge. However, considering the tiations that may eventually benefit stated that decisions made by the ICJ negative aftermath portrayed in Preah both countries in the long run. Unless are final and without appeal. Unless Vihear, Sipadan-Ligitan and Batu Malaysia could provide new evidence new evidence could be adduced, the Puteh, it is a better option for Malaysia to allow application for revision of the question of whether or not Malaysia and Singapore to resort to bilateral case to be made, a question that could reclaim Batu Puteh is undeni- negotiations to review these un- Malaysia should carefully consider – ably out of the picture. When Preah resolved issues. should Malaysia reopen Batu Puteh? Vihear was reopened, there was no questioning the Cambodian owner- While the ICJ may settle disputes Dr. Mohd Hazmi Mohd Rusli is a senior lectu- rer at the Faculty of Syariah and Law, Universi- ship of the said temple. between these two countries, it may ti Sains Islam Malaysia and an Honorary not be a mechanism to stop future Post-Doctoral research associate at the Political and Legal Implications disputes. As Malaysia and Singapore Australian National Centre for Ocean are members of solidarity within Resources and Security, University of Wollon- gong, Australia. In 2008, the ICJ only awarded Batu ASEAN, it is therefore vital for these Puteh to Singapore and the Middle two States to uphold the spirit of good Dr. Lowell Bautista is a lecturer at the Faculty Rocks to Malaysia without clarifying neigbourliness. Bilateral negotiations of Law, Humanities and the Arts, University of the ownership of South Ledge. This would undoubtedly consume more Wollongong, Australia. situation could be likened to Preah time, eventually creating a win-win Dr. Roman Dremliuga is a lecturer at the Vihear where the ICJ declared only the solution for the States involved. Apart School of Law, Far Eastern Federal University, sovereignty over the temple to Cam- from that, the ICJ mechanism would Vladivostok, Russia. bodia, not the land adjacent to it. The only operate if consent from Malaysia 1962 decision resulted in a severed and Singapore is obtained. Thus far, it Thai-Cambodia diplomatic relations is not entirely clear if both nations and this matter was only resolved would want to go through the ICJ much later in 2013. again. The Malaysian-Indonesian dispute on Conclusion Sipadan and Ligitan was decided in favour of Malaysia by the ICJ in 2002. It is beyond doubt that Johor pos- This adversely affected the cordial sesses historical ownership over Batu DIPLOMATIC VOICE 5