Pulau Batu Puteh/Pedra Branca and the Idiosyncrasies of the ICJ Judgment

I find it hard to believe that there are Malaysians who asked whether Malaysia actually won the case or not? Some were even heartless that they cold-bloodedly concluded that we lost.

So who actually won the case, Malaysia or Singapore?

Of course Malaysia.

The astonishingly cocky Singapore should be embarrassed that it actually gets Pulau Batu Puteh or Pedra Branca not through its legal argument, belief or conviction but through the World Court’s compassion which is obviously very kind to Singapore and is less generous to Malaysia.

Singapore arrogantly claims that it is the owner of Pulau Batu Puteh because it built the Horsburgh Lighthouse in 1840s on a piece of rock that belongs to no one at the time of its construction and has maintained it ever since. Because of that self-acclaimed conviction, it unilaterally and selfishly prevents innocent Malaysian fishermen from fishing there, for Malaysian to come near the rock, for Malaysian navy to patrol in and around the area…all this self-imposed prohibition….for more than 30 years?….How dare Singapore.

Because what did the World Court say? The World Court confirms that it was Johor’s all along. Johor had original and ancient title to the rock.

Wow, what has Singapore been saying all this while?

That Singapore was the first one to discover that rock? That Pulau Batu Puteh was terra nullius? The World Court clearly thinks otherwise.

Who do you think won there, Malaysia or Singapore?

Then Singapore brags further by saying that the Johor 1953 letter confirms its long established title to Pulau Batu Puteh.

Singapore does not say that it owns Pulau Batu Puteh because the Johor 1953 letter said so.

Or that Johor, the rightful owner, had given Pulau Batu Puteh to it in 1953.

It did nothing to that effect at all.

Singapore specifically says that - “the Johor 1953 letter confirms its already existing title”.

But how can that be when Singapore does not have any title before 1953.

It is Johor’s. What is there to confirm?

This is where the World Court comes to the rescue.

Although Singapore did not make such an argument, the World Court makes its decision as if Singapore did. Why must you Mr World Court?

Singapore is obviously very ego not to opt for such an argument but why must you rectify its own error at the expense of Malaysia?

Is that justice?

Then the World Court says that Middle Rocks belong to Malaysia because it is Malaysia’s since time immemorial. Fair enough.

But then why does South Ledge not part of Malaysia too?

If Pulau Batu Puteh and Middle Rocks are historically under Malaysia, shouldn’t South Ledge be under Malaysia too?

Why must you ask the two countries to decide between them?

Were you not asked to decide on the question of sovereignty over South Ledge, Mr World Court?Or were you too nervous to decide on South Ledge because such decision would make one country looks like a winner over the other because it will get two features.

So let’s be politically correct is it?

Let’s give Malaysia one, Singapore the other one, and pandai-pandai lah korang pasal South Ledge tu.

So Malaysia, look what your kindness and neighbourly spirit to Singapore has done to you?

It backfires. Be careful next time.

To the World Court, I think your Judgment defies not only legal sense but also common sense.

So I refuse to refer to you as the International Court of Justice here, because I don’t think justice is done. Not only that it is not done, it is not even seen to be done.

Let me just regard you as the World Court. Because that is what you are. A Court comprising people from around the world, nothing more.

But to the 4 Judges that dissented, I salute you for your having a little sense.

Let Singapore thinks she won. I certainly don’t think so.

If you ask me who won, dearest Malaysians ? I say Malaysia.

Malaysia manages to convince all 15 Judges that it had original title to Pulau Batu Puteh.

Malaysia also manages to convince all 15 Judges that it had original title to Middle Rocks.

It’s sad however that 12 Judges decided to deviate to give Singapore at least something.
Otherwise Malaysia will get both Pulau Batu Puteh and Middle Rocks and Singapore will get nothing.
It remains a mystery as to the real reason they could not decide on South Ledge.

So kudos to the Malaysian legal team.

Especially to the Malaysian own legal team - the Attorney General’s Chambers.

It was not an easy battle. Not as easy as Sipadan Ligitan.
In Sipadan Ligitan, Malaysia failed to prove original or historical title.
In Pulau Batu Puteh case, you convince them with all your archival documents. All the judges.
In Sipadan Ligitan there is no Johor 1953 letter equivalent.

In Pulau Batu Puteh case, that letter, though not part of Singapore's case, was repeated like million times during the oral hearings, so I read the oral proceedings.

But you fought till the last day of the oral hearings.

You fought so hard that Singapore got panicked and resorted to technicalites to defeat you. So it claims that you made a new argument at the very last of day of the oral hearings. An argument Singapore claims was never made before.

And unsurprisingly, the World Court agrees.

But that’s how serious you were. You gave it all. In fact I'm sure you wanted to say more.

Unlike Singapore, it is in serious denial that even at the very end, it never occur to it to opt for an argument that they could have own Pulau Batu Puteh through an adverse possession.

At least as an alternative argument. Singapore didn’t.

But the World Court seems to have done it for Singapore.

And because of Malaysia’s strong legal argument, the judgment actually looks seriously flawed. So how dare some people accused Malaysia as having a weak legal team.

Go read the Judgment first, then you talk.

As for me, I can certainly sleep in peace.

I think Malaysia has done exceptionally wonderful job.

It’s just that luck is not on our side.