5-12-2024 (KUALA LUMPUR) The Royal Commission of Inquiry (RCI) has unveiled findings suggesting that former Prime Minister Tun Dr Mahathir Mohamad may have acted independently when deciding against pursuing a review of the 2008 International Court of Justice (ICJ) ruling on the Batu Puteh territorial dispute.
The report, presented to the Dewan Rakyat yesterday, reveals that Dr Mahathir held a private consultation with international consultant Dr Brendan Plant on 17 May 2018, without other team members present. Following this meeting, he dispatched a letter to then-solicitor-general Datuk Engku Nor Faizah Engku Atek on 21 May 2018, communicating the decision to abandon both the review and interpretation applications.
In a significant revelation, the report indicates that whilst Dr Mahathir maintains he merely expressed an opinion in his letter and that the final decision rested with the Cabinet on 23 May, the RCI determined that the Cabinet merely endorsed his pre-existing stance rather than making an independent decision.
The former premier’s justification for withdrawing the applications centred on his belief that Malaysia’s case was insufficiently robust, citing a Special Agreement between Malaysia and Singapore to honour the ICJ’s verdict without appeal. However, the RCI’s findings challenge this position, stating that no such legal opinions supporting a “weak case” argument were provided by either local or international consultants.
A key point of contention revolves around Dr Plant’s use of the term “silver bullet” during consultations. Whilst some witnesses, including Dr Mahathir, interpreted this as indicating Malaysia’s case was weak, the RCI found that Plant had merely meant there was no guarantee of success at the ICJ – not that the case itself lacked merit.
The commission, headed by Tun Md Raus Sharif, was established with the consent of His Majesty Sultan Ibrahim, King of Malaysia, to examine matters pertaining to the sovereignty of Batu Puteh, Middle Rocks and South Ledge.
The territorial dispute’s history dates back to 2008 when the ICJ awarded Batu Puteh to Singapore and Middle Rocks to Malaysia, whilst deferring the decision on South Ledge pending territorial waters delimitation. Malaysia’s 2017 application for review was subsequently withdrawn in May 2018 under Dr Mahathir’s leadership.
Notably, the RCI report indicates that Malaysia retains the option to submit a fresh application for interpretation at any suitable time, leaving the door open for future legal proceedings.
