KUALA LUMPUR: Today, the The Royal Commission of Inquiry (RCI) report on the management of issues related to the sovereignty of Batu Puteh, Middle Rocks, and South Ledge was made public.
The 217-page report contains the findings of the inquiry and recommendations to be presented to His Majesty Sultan Ibrahim, King of Malaysia and subsequently for consideration by the Cabinet.
The RCI recommended that criminal investigations be initiated against former Prime Minister Tun Dr Mahathir Mohamad.
This proposal follows Malaysia's loss of Pulau Batu Puteh to Singapore, where it is known as Pedra Blanca, after the cabinet led by Dr Mahathir in 2018 withdrew its application to annul the decision of the International Court of Justice (ICJ).
The report, signed by seven members of the commission chaired by Tun Md Raus Sharif, a former chief justice, stated that under Section 415(b), it must be demonstrated that Dr Mahathir acted deceptively towards the cabinet, deliberately influencing the Malaysian government not to proceed with the application.
The decision was allegedly made unilaterally without cabinet approval.
It noted that if the cabinet had been provided with the ICJ action papers and written opinions from international consultants, the cabinet might have had a different view on the applications.
At the same time, the commission recommended that Malaysia could file a new interpretation application at an appropriate time, but did not suggest that Malaysia pursue this course of action.
Additionally, the civil action under Tort of Misfeasance, previously proposed by the Special Task Force, should not be pursued against Dr Mahathir due to the limitation period.
Chronology of the Batu Puteh sovereignty dispute between Malaysia and Singapore:
* Dec 21, 1979 (1979 Map): The cabinet released the 1979 Map, which triggered a dispute between Malaysia and Singapore.
* Feb 14, 1980: Singapore issued a Note of Protest regarding the 1979 Map, which placed Batu Puteh within Malaysian waters.
* May 1980 and December 1981: During meetings between the two prime ministers, Malaysia reiterated that Batu Puteh belonged to Johor historically. Singapore disagreed.
* February 1992: Singapore submitted a written memorandum to Malaysia asserting its claim over Batu Puteh.
* June 20, 1992: Malaysia submitted a counter-memorandum, including supporting documents affirming its claim to Batu Puteh.
* Late 1993: Singapore claimed ownership of Middle Rocks and South Ledge, arguing that whoever owned Batu Puteh would also own these features.
* 1994: Singapore proposed resolving the dispute at the ICJ after negotiations failed, and Malaysia agreed.
* Feb 6, 2003: Malaysia and Singapore signed a Special Agreement in Putrajaya to bring the case to the ICJ. The dispute was registered as the "Case Concerning Sovereignty Over Pedra Branca/Middle Rocks/South Ledge."
* Nov 6 to 23, 2007: The case was heard before 16 ICJ judges.
* May 23, 2008: The ICJ delivered the following decisions:
- By a vote of 12–4, sovereignty over Batu Puteh was awarded to Singapore.
- By a vote of 15–1, sovereignty over Middle Rocks was awarded to Malaysia.
- By a vote of 15–1, sovereignty over South Ledge was to be determined by territorial waters.
* 2008: Malaysia and Singapore established the "Malaysia–Singapore Joint Technical Committee on the Implementation of the ICJ Decision on Batu Puteh, Middle Rocks, and South Ledge" to respect the ICJ ruling.