25-1-2024 (KUALA LUMPUR) The Malaysian Cabinet announced on Wednesday its decision to establish a royal commission of inquiry to examine the handling of cases related to three disputed islets in the Singapore Strait. Prime Minister Anwar Ibrahim had previously called for a review of the 2018 decision made by Malaysia, under the administration of former Prime Minister Mahathir Mohamad, to withdraw its application to revise an International Court of Justice (ICJ) ruling that recognized Singapore’s sovereignty over Pedra Branca, one of the islets.
The dispute over Pedra Branca dates back to 1979 when Malaysia published a map claiming the island as part of its territorial waters. Located near the eastern entrance of the Singapore Strait, approximately 44 kilometers east of mainland Singapore, Pedra Branca became the subject of a legal dispute that reached the ICJ in 2003. On May 23, 2008, the ICJ ruled in favor of Singapore, affirming its sovereignty over Pedra Branca, awarding Middle Rocks to Malaysia, and designating South Ledge according to the state in whose territorial waters it is located.
In 2017, Malaysia sought to overturn the ICJ’s ruling regarding Pedra Branca but later withdrew its claim in 2018 following Mahathir’s assumption of office as the prime minister.
Chief Secretary to the government, Mohd Zuki Ali, stated on Tuesday that recommendations for the composition of the inquiry panel would be submitted to Malaysia’s king for approval. He emphasized the need for the panel to consist of experts with extensive experience in judicial, legal, and public administration matters, ensuring a transparent, fair, and unbiased investigation.
Last year, Malaysia’s Attorney-General, Idris Harun, expressed the government’s belief that the 2018 decision to withdraw two applications to the ICJ regarding the sovereignty of Pedra Branca, Middle Rocks, and South Ledge was “improper.” However, he did not provide further details. Harun also mentioned that his office was studying recommendations from a task force, including the issue of “tort of misfeasance in public office,” and would take appropriate action in accordance with the Cabinet’s decision.
The term “misfeasance” refers to misconduct when a public official or body knowingly acts to cause harm or loss to a third party.
Singapore’s Ministry of Foreign Affairs (MFA) responded to this latest development, reiterating its readiness to vigorously defend Singapore’s sovereignty over Pedra Branca. The MFA emphasized that both Singapore and Malaysia had publicly announced their acceptance and commitment to abide by the ICJ’s final decision. Furthermore, the MFA highlighted that Malaysia’s application for revision, made in 2017, was withdrawn in 2018, as it violated the Statute of the Court, which prohibits revision applications after ten years from the date of the original judgment.
