A deeper probe is set to be initiated by Malaysia into the alleged mishandling of sovereignty disputes by the former administration, with a focus on Pedra Branca, an area of long-standing territorial contention. The Royal Commission of Inquiry (RCI) will be spearheading this investigation, as stated by the current Deputy Prime Minister Ahmad Zahid Hamidi. This move is expected to commence once the Malaysian King appoints the RCI members. Hamidi pointed out his agenda.
The conflict roots back to 2003 when Malaysia and Singapore consented to the jurisdiction of the International Court of Justice’s (ICJ) to resolve the sovereignty disputes over Pedra Branca, Middle Rocks and South Ledge – three islets situated in the South China Sea. According to the agreement, the sovereignty over Pedra Branca was determined in favor of Singapore while Middle Rocks went to Malaysia. South Ledge was declared to belong to the State in whose territorial waters it is located.
The court argued that Malaysia had initially laid a valid claim to Pedra Branca, but despite asserting ownership, the Malaysian authorities did not show any intent that they wished to claim the island from the British colonial government in 1953. The subsequent actions of Singapore, such as investigating shipwrecks within the surrounding waters of the island, and Malaysia seeking permission from Singapore to conduct a survey of the waters, were considered as ‘conduct à titre de souverain’ (conduct as a sovereign), thereby implying a transfer of sovereignty.
In 2017, the Malaysian government sought a revision of the judgment alleging discovery of new facts that could potentially support their sovereignty claim over the island, as specified under Article 61 of the Statute of the International Court of Justice. They stipulated the existence of a new letter that would ostensibly prove the British colonial government’s construction on the island was conducted with the consent of the Malaysian government. However, the application for revision was eventually dropped by then Prime Minister Mahathir Mohamad in 2018.
The decision to withdraw the application was heavily scrutinized by the current administration, resulting in the formation of a special task force in 2023 for a thorough investigation. Then Attorney General Idrus Harun expressed his disapproval, condemning the withdrawal as “improper”. Chief Secretary Zuki Ali, underscoring the need for an RCI, stated that the members of RCI would be well-versed in law and public administration and would carry out the investigation transparently, fairly, and impartially to eschew any issues concerning conflict of interests.