Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)


OVERVIEW OF THE CASE

On 24 July 2003, Malaysia and Singapore jointly seised the Court of a dispute between them by notification of a Special Agreement signed on 6 February 2003 and which entered into force on 9 May 2003. Under the terms of that Special Agreement, the Parties requested the Court to “determine whether sovereignty over: (a) Pedra Branca/Pulau Batu Puteh; (b) Middle Rocks; and (c) South Ledge belongs to Malaysia or the Republic of Singapore”. They agreed in advance “to accept the Judgment of the Court . . . as final and binding upon them”.

Following public hearings which were held in November 2007, the Court rendered its Judgment on 23 May 2008. In that Judgment, the Court first indicated that the Sultanate of Johor (predecessor of Malaysia) had original title to Pedra Branca/Pulau Batu Puteh, a granite island on which Horsburgh lighthouse stands. It concluded, however, that, when the dispute crystallized (1980), title had passed to Singapore, as attested to by the conduct of the Parties (in particular certain acts performed by Singapore à titre de souverain and the failure of Malaysia to react to the conduct of Singapore). The Court consequently awarded sovereignty over Pedra Branca/Pulau Batu Puteh to Singapore. As for Middle Rocks, a maritime feature consisting of several rocks permanently above water, the Court observed that the particular circumstances which had led it to find that sovereignty over Pedra Branca/Pulau Batu Puteh rested with Singapore clearly did not apply to Middle Rocks. It therefore found that Malaysia, as the successor to the Sultan of Johor, should be considered to have retained original title to Middle Rocks. Finally, with respect to the low-tide elevation South Ledge, the Court noted that it fell within the apparently overlapping territorial waters generated by Pedra Branca/Pulau Batu Puteh and by Middle Rocks. Recalling that it had not been mandated by the Parties to delimit their territorial waters, the Court concluded that sovereignty over South Ledge belongs to the State in whose territorial waters it lies.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings

24 July 2003
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Written proceedings


Oral proceedings

Verbatim record 2007/20 (bilingual version)
Public sitting held on Tuesday 6 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/21 (bilingual version)
Public sitting held on Wednesday 7 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/22 (bilingual version)
Public sitting held on Thursday 8 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/23 (bilingual version)
Public sitting held on Friday 9 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/24 (bilingual version)
Public sitting held on Tuesday 13 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/25 (bilingual version)
Public sittingheld on Wednesday 14 November 2007, at 10 a.m., at the Peace Palace,Vice-President Al-Khasawneh, Acting President, presidingin the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh,Middle Rocks and South Ledge(Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/26 (bilingual version)
Public sitting held on Thursday 15 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/27 (bilingual version)
Public sitting held on Friday 16 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/28 (bilingual version)
Public sitting held on Monday 19 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/29 (bilingual version)
Public sitting held on Tuesday 20 November 2007, at 10 a.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/30 (bilingual version)
Public sitting held on Thursday 22 November 2007, at 3 p.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation
Verbatim record 2007/31 (bilingual version)
Public sitting held on Friday 23 November 2007, at 3 p.m., at the Peace Palace, Vice-President Al-Khasawneh, Acting President, presiding in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)
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Translation
(bilingual version) Translation

Other documents


Orders

Fixing of time-limits: Memorials and Counter-Memorials
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Fixing of time-limit: Replies
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Judgments


Summaries of Judgments and Orders

Summary of the Judgment of 23 May 2008
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Press releases

24 July 2003
Malaysia and Singapore jointly submit a dispute concerning sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge to the International Court of Justice
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9 September 2003
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Fixing of time-limits for the filing of written pleadings
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3 February 2005
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Fixing of the time-limit for the filing of a Reply by each of the Parties
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16 November 2006
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Public hearings on the merits of the dispute to open on Tuesday 6 November 2007
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20 September 2007
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Schedule of the public hearings which will open on Tuesday 6 November 2007
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23 November 2007
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Conclusion of the public hearings - Court ready to begin its deliberation
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29 April 2008
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - Court to deliver its Judgment on Friday 23 May 2008 at 10 a.m.
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23 May 2008
Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) - The Court finds that Singapore has sovereignty over Pedra Branca/Pulau Batu Puteh; that Malaysia has sovereignty over Middle Rocks; and that sovereignty over South Ledge belongs to the State in the territorial waters of which it is located
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