Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia) - Conclusion of the public hearings on the Application for permission to intervene by the Philippines - Court ready to consider it

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INTERNATIONAL COURTOFJUSTICE

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 release

No. 2001/18
29 June 2001

Sovereignty over Pulau Ligitan and Pulau Sipadan
(lndonesia!Malaysia)

Conclusion of the public hearings on the Application for permission
to intervene by the Philippines

Court ready to consider its Judgment

•
THE HAGUE, 29 June 2001. The public hearings on the Application for permission to
intervene submitted by the Philippines on 13 March last in the case conceming Sovereignty over
Pulau Ligitan and Pulau Sipadan (lndonesia/Malaysia) were concluded today. The Court will now
start its deliberations.

During the hearings, which started on 25 June 2001, the delegations of the Philippines,
lndonesia and Malaysia were respectively led by H.E. Mr. Eloy R.Bello ill,Ambassador of the
Philippines to the Netherlands, H.E.. Hassan Wirajuda, Director General for Political Affairs of
the Ministry of Foreign Affairs oflndonesia, and HMr. Tan Sri Abdul Kadir Mohamad, Secretary
General of the Ministry of Foreign Affairs ofMalaysia.

The Court's Judgment, binding and without appeal, will be delivered in four to five months.
lt will be read at a public sitting on a date to be announced in due course.

Parties' submissions

The Agents of the Parties presented the following submissions ta the Court at the end of the

oral proceedings.

For the Philippines :

"The Govemment of the Republic of the Philippines seeks the remedies provided
for in Artic85 of the Rules of Court, namely,

paragraph 1: "the intervening State shall be supplied with copies of the pleadings
and documents annexed and shall be entitled to submit a written statement within a
time-limit toe fixed by the Court"; and

paragraph 3: "the intervening State shaH be entitled, in the course of the oral
proceedings, to submit its observations with respect to the subject-matter of the

intervention". For Indonesia:

"For this reason, as weil as on the legal grqunds presented by Counsel, the
Republic oflndonesia respectfully submits that the Republic of Philippines should not be

granted the right to intervene, the effectich wouid be to tack on to the proceedings
a new case which neither concems lndonesia nor relates to the specifie dispute jointly
submitted to theCourt by Special Agreement. Thi!';being said, in accordance with
Article 62, paragraph 2, of the Court's Statute, Indonesia of course recognizes that it is

for theourt to decide upon the Philippines' request." ,

For Malaysia :

"May I therefore respectfully urge the Couh to deny the Philippines the

undeserved privilege of any further participation in this matter, and reject its request to
intàvene in this case. After ali, by its own admission, the Philippines does not have any
territorial interest on the islandsgitan and Sipadan, the only subject matter of the

present case."

*

Internai Judicial Practice of the Court with resd~liberations

The Court will first hold a preliminary discussion, at which the President will outline the
issues which require discussion and decisiby the Court. This discussion will be followed by a

full deliberation, at the end of which, on the basis of the views expressed, a drafting committee
will be chosen by secret ballot. That committee willprincï"pleconsist oftwo judges holding the
majority view of the Court, together with the President, if he shares that view.

The committee will prepare a draft text, which "''ill first be the subject of written
amendments and w_~ tlen go through two readings. In the ineantime, judges who wish to do so
will prepare a declaration, a separate opinion or a dissenting opinion.

The final vote will be taken after adoption of the final text of the Judgment at the second
reading.

* .....

NOTE FORTHE PRESS

The full transcripts of the hearings of 25-29 June 2001:can be found on the Court's website
at the following address:ttp://www.icj-cij.org. '

Information Office:
Mr. Arthur Witteveen, First Secretary ofthe Court (tel: +31 70 302 2336)

Mrs. Laurence Blairon, Information Officer (tel: 701302 2337)
E-mail address: information@icj-cij .org