Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia) - The Court extends the time-limit for the filing of a Counter-Memorial by each of the Parties

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The,Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: Il www.icj-cij.org

Communiqué
unofficial

forimmediate reJease

No. 2000114
12 May2000

Sovereignty over Pulau Ligitan and Pnlau Sipadan
Undonesia/Malaysia)

New extension of the time-limit for the ïding of a Counter-Memorial
by each of the Parties

THE HAGUE, 12 May 2000. The President of the International Court of Justice (ICJ) bas
extended until 2 August 2000 the time-limit for the filing of a Counter-Memorial by each of the
Parties in the case concernmg Sovereignty over Pulau Ligitan and Pulau Sipadan
(Indonesia!M:alaysia).

Taking into account the provisions of the Special Agreement betv.reen the Parties by which
they submitted the case, the Court initially fixed 2 March 2000 as the time-limit for the filing of the
two Counter-Memorials. This time-Iimit was fust extended to 2 July 2000 at the request of the

Parties.

In a joint letter of 8 May 2000, the Agents of Indonesia and of Malaysia asked the Court to
extend by an extra month the time-limit for the filing of the Counter-Memorials, in order to allow

their Governments sufficient time to address the issues raised in their respective Memorials. The
Parties stressedthat the Special Agreement otherwise remained unchanged.
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Taking account of the agreement of the Parties, President Gilbert Guillaume made an Order . 1
1
on 11 May 2000 granting the requested extension.

The subsequent procedure has been reserved for further decision.

Background information

Indonesia and Malaysia jointly seised the Court on 2 November 1998 of their dispute
conceming sovereignty over Pulau Ligitan and Pulau Sipadan, two islands in the Celebes Sea. They
did so by notifying the Court of a Special Agreement, which was signed between them on

31 May 1997 at Kuala Lumpur and entered into force on 14 May 1998.

In the Special Agreement, the Parties request the Court "to determine on the basis of the
treaties, agreements and any other evidence fumished by [them], whether sovereignty over Pulau

Lîgitan and Pulau Sipadan belongs ta the Republic of Indonesia or to Malaysia". They express
the wish to settle their dispute "in the spirit of friendly relations existing between [them] as
enunciated in the 1976 Treaty of Amity and Co-operation in Southeast Asia" and declare in advance
that they will"accept the Judgment of the Court given pursuant to[the] Special Agreement as final

and binding upon them". -2-

In a case unilaterally brought by one State against another State (by means of an application),

the applicant submits a Memorial, to which the respondent subsequently files a Counter-Memorial,
the parties being subject to separate time-limits. However, in a case brought jointly by two States
(under a special agreement), each of the parties generally submits a Memorial and subsequently a
Counter-Memorial, the parties being subject to identical time-limits.

The full text of the Order will shortly be available on the Court's website at the following
address: http://www.icj-cij.org

Information Office:

Mr. Arthur Witteveen, First Secretary ofthe Court (tel:+ 31 70 302 2336)
Mrs. Laurence Blairon, Infonnation Officer (tel:+ 31 70 302 2337)
E-mail address: [email protected]