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

INTERNATIONAL COURT OF JUSTICE

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Website: www.icj-cij.org

Press Release
Unofficial

No. 2008/10
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

THE HAGUE, 23 May 2008. The International Court of Justice (ICJ), principal judicial
organ of the United Nations, today rendered its Judgment in the case concerning Sovereignty over

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

In its Judgment, which is final, binding and without appeal, the Court

⎯ finds by twelve votes to four that sovereignty over Pedra Branca/Pulau Batu Puteh belongs to

the Republic of Singapore;

⎯ finds by fifteen votes to one that sovereignty over Middle Rocks belongs to Malaysia;

⎯ finds by fifteen votes to one that sovereignty over South Ledge belongs to the State in the

territorial waters of which it is located.

Reasoning of the Court

The Court first explains that the disput e between Malaysia a nd Singapore concerns

sovereignty over three maritime features in the Straits of Singapore: Pedra Branca/Pulau Batu
Puteh (a granite island on which Horsburgh lightho use stands), Middle Rocks (consisting of some
rocks that are permanently above water) and South Ledge (a low-tide elevation).

Having described the historical background of the case, the Court notes that the dispute as to

sovereignty over Pedra Branca/Pulau Batu Pute h crystallized on 14February1980, when
Singapore protested against the publication in 1979 by Malaysia of a map depicting the island as
lying within Malaysia’s territorial waters. It further observes that the dispute as to sovereignty over
Middle Rocks and South Ledge crystallized on 6February1993, when Singapore referred to the

two features in the context of its claim to Pedra Branca/Pulau Batu Puteh during bilateral
negotiations.

⎯ Sovereignty over Pedra Branca/Pulau Batu Puteh

Malaysia contends that it has an original title to Pedra Branca/Pulau Batu Puteh (dating back
from the time of its predecessor, the Sultanate of Johor) and that it continues to hold this title, while
Singapore claims that the island was terra nullius in the mid-1800s when the United Kingdom (its
predecessor) took lawful possession of the island in order to construct a lighthouse. - 2 -

Having reviewed the evidence submitted by the Parties, the Court finds that the territorial
domain of the Sultanate of Johor did cover in principle all the islands and islets within the Straits of

Singapore and did thus include Pedra Branca/Pulau Ba tu Puteh. It establishes that this possession
of the islands by the Sultanate was never challenged by any other Power in the region; and that it
therefore satisfies the condition of “continuous and peaceful display of territorial sovereignty”.
The Court thus concludes that the Sultanate of J ohor had original title to Pedra Branca/Pulau Batu

Puteh. It adds that this ancient title is confirme d by the nature and degree of the Sultan of Johor’s
authority exercised over the Orang Laut (“the peop le of the sea”, who inhabited or visited the
islands in the Straits of Singapore, including Pe dra Branca/Pulau Batu Puteh and made this
maritime area their habitat).

The Court then looks at whether this title w as affected by developments in the period
between 1824 and the 1840s. In March1824, the co lonial Powers in the region, the United
Kingdom and the Netherlands, signed a Treaty wh ich had the practical effect of broadly

establishing the spheres of influence of the two Powe rs in the East Indies. As a consequence, one
part of the Sultanate of Johor (under SultanHussein) fell within the British sphere of influence
while the other (under Sultan Abdul Rahman, Sulta n Hussein’s brother) fell within a Dutch sphere
of influence. In August1824, SultanHussein ceded the island of Singapore, together with its

adjacent seas, straits, and islets to the extent of 10 geographical miles from the coast of Singapore
to the English East India Company in the so-called Crawfurd Treaty. Finally, in a letter of
25 June 1825, Sultan Abdul Rahman “donated” certain territories, which were already within the

British sphere of influence, to his brother, thereby confirming the division of the “old” Sultanate of
Johor. After careful consideration of the legal ef fects of these developments, the Court finds that
none of them brought any change to the original title.

The Court turns next to the legal status of Pedra Branca/Pulau Batu Puteh after the 1840s to

determine whether Malaysia and its predecessor retain ed sovereignty over the island. It observes
that in order to do so, it needs to assess the relevant facts, consisting mainly of the conduct of the
Parties (and of their predecessors) during the period under review.

The Court examines the events surrounding the selection process of the site of the lighthouse
and the construction of the latter, as well as the conduct of the Parties’ predecessors between 1852
and 1952 (in particular with respect to the British and Singapore legislation relating to Horsburgh

lighthouse and in the context of the Straits lights system; constitutional developments of Singapore
and Malaysia; and Johor regulation of fisherie s in the 1860s), but is unable to draw any
conclusions for the purposes of the case.

The Court notes that in a letter written on 12 June 1953 to the British Adviser to the Sultan
of Johor, the Colonial Secretary of Singapore ask ed for information about the status of Pedra
Branca/Pulau Batu Puteh in the context of determ ining the boundaries of the “Colony’s territorial
waters”. In a letter dated 21 September 1953, the Acting State Secretary of Johor replied that the

“Johore Government [did] not claim ownership” of the island. The Court considers that this
correspondence and its interpretation are of central importance “for determ ining the developing
understanding of the two Parties about sovereignty over Pedra Branca/Pulau Batu Puteh” and finds
that the Johor’s reply shows that as of 1953 J ohor understood that it did not have sovereignty over

Pedra Branca/Pulau Batu Puteh.

The Court finally examines the conduct of the Parties after 1953 with respect to the island.
Having reviewed all arguments submitted to it, it finds that certain acts, inter alia the investigation

of shipwrecks by Singapore within the island’s territo rial waters and the permission granted or not
granted by Singapore to Malaysian officials to su rvey the waters surrounding the island, may be
seen as conduct à titre de souverain. The Court also considers that some weight can be given to the
conduct of the Parties in support of Singapore’s claim (i.e., the absence of reaction from Malaysia

to the flying of the Singapore ensign on the is land, the installation by Singapore of military - 3 -

communications equipment on the island in 1977, and the proposed reclamation plans by Singapore
to extend the island, as well as a few specific publications and maps).

The Court concludes, especially by refe rence to the conduct of Singapore and its
predecessors à titre de souverain, taken together with the conduc t of Malaysia and its predecessors
including their failure to respond to the conduc t of Singapore and its predecessors, that by 1980

(when the dispute crystallized) sovereignty over Pedra Branca/Pu lau Batu Puteh had passed to
Singapore. The Court thus concludes that sovereignty over Pedra Branca/Pulau Batu Puteh belongs
to Singapore.

⎯ Sovereignty over Middle Rocks and South Ledge

Malaysia claims that the two maritime feat ures have always been under Johor/Malaysian
sovereignty while Singapore’s positio n is that sovereignty over the features goes together with

sovereignty over Pedra Branca/Pulau Batu Puteh.

With respect to Middle Rocks, the Court ob serves that the particular circumstances which
led it to find that sovereignty over Pedra Branca/Pu lau Batu Puteh rests with Singapore clearly do

not apply to Middle Rocks. It therefore finds that original title to Middle Rocks should remain with
Malaysia as the successor to the Sultanate of Johor.

As for South Ledge, the Court notes that this low-tide elevation falls within the apparently

overlapping territorial waters ge nerated by Pedra Branca/Pulau Batu Puteh and by Middle Rocks.
Recalling that it has not been mandated by the Partie s to draw the line of delimitation with respect
to their territorial waters in the area, the Court concludes that sovereignty over South Ledge
belongs to the State in the territorial waters of which it is located.

Composition of the Court

The Court was composed as follows: Vice-President Al-Khasawneh, Acting President in the

case; Judges Ranjeva, Shi, Koroma, Parra-Aranguren, Buergenthal, Owada, Simma, Tomka,
Abraham, Keith, Sepúlveda-Amor, Bennouna, Skotnikov; Judges ad hoc Dugard, Sreenivasa Rao;
Registrar Couvreur.

Judge Ranjeva appends a declaration to the Judgment of the Court; Judge Parra-Aranguren
appends a separate opinion to th e Judgment of the Court; Judges Simma and Abraham append a
joint dissenting opinion to the Judgment of the Court; Judge Bennouna appends a declaration to
the Judgment of the Court; Judge ad hoc Dugard appends a dissenting opinion to the Judgment of

the Court; Judge ad hoc Sreenivasa Rao appends a separate opinion to the Judgment of the Court.

___________

A summary of the Judgment appears in the document “Summary No.2008/1”, to which
summaries of the declarations and opinions are a nnexed. In addition, this press release, the
summary and the full text of the Judgment can be found on the Court’s website (www.icj-cij.org)

under “Press Room” and “Cases”.

_______

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)

Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)