'Improper' to withdraw review bid on Batu Puteh case, says AG

The act of withdrawing a review application on the International Court of Justice's (ICJ) decision on the Pulau Batu Puteh (Pedra Branca), Middle Rocks and South Ledge claim was not in order and improper, according to Attorney-General Idrus Harun.

In a statement today, Idrus said the final report of the special task force on the sovereignty of Pedra Branca, Middle Rocks and South Ledge was tabled before the Cabinet for its consideration on Jan 11.

"Based on the Cabinet decision dated Jan 11, 2023, the government is of the view that the decision to withdraw both the application for revision of the decision of the case concerning the sovereignty over Pedra Branca, Middle Rocks and South Ledge (Malaysia/Singapore) and the request for interpretation of the decision in the said case was not in order and improper," he said.

Nevertheless, Idrus said the government respected the judgment of the ICJ in the case concerning the sovereignty over Pedra Branca, Middle Rocks and South Ledge, dated May 23, 2008.

"The Attorney-General’s Chambers is studying the recommendations made by the special task force, including the issue relating to tort of misfeasance in public office, and will take the appropriate action to carry out the decision of the Cabinet," he said.

Idrus also said that issues linked to Batu Puteh were of vital importance as they related to the strategic interests and sovereignty of the nation.

"In this regard, the government will continue to ensure that Malaysia’s interests and sovereignty are protected and preserved at all times," he added.

On Feb 3, 2017, the government filed an application for a revision of the ICJ’s ruling, awarding legal jurisdiction of Pulau Batu Puteh to Singapore while Malaysia owned Middle Rocks, and South Ledge belonged to the state in whose territorial waters it is located.

However, in 2018, the then Pakatan Harapan government under Dr Mahathir Mohamad’s leadership withdrew the application before the case was heard as the hearing was scheduled for June 11, 2018.

On Dec 14 last year, the newly appointed prime minister Anwar Ibrahim called for the claim on Batu Puteh to be reviewed through immediate and more "meaningful" negotiations with Singapore, without jeopardising bilateral relations.