Mahathir’s Judgment Error Led to Malaysia Losing its Sovereignty

 

Tun Mahathir was his usual unrepentant self when he chided criticisms of his arbitrary decision to not proceed with Pulau Batu Puteh’s appeal at the International Court of Justice (ICJ). Despite it being Malaysia’s final legal resort to stake its claim, Tun Mahathir had gone against the advice of the Attorney-General, and had singlehandedly conceded territorial defeat to Singapore.

When cornered by the public on this matter, Tun Mahathir had arrogantly claimed that the ICJ appeal would have been a waste of money and time. It is preposterous that a premier would associate a real possibility of losing territorial stake to dollars and cents – especially when the pre-trial legal work on Pulau Batu Puteh has been completed. A large portion of the budgeted amount has actually been disbursed, as the only remaining piece of puzzle left was the case submission itself. If anything, whatever monetary amount that is due is all-deserving.

Perhaps, old age has also finally caught up with Tun Mahathir with his inaccurate historical account that the Johor Sultanate had ceased its sovereignty over Pulau Batu Puteh via a letter. Never mind Tun Mahathir’s acrimonious relationship with Singapore over the past three decades, it is strange for Tun Mahathir to recycle Singapore’s line of legal argument from the previous ICJ hearing in 2008. In fact, it was from this incomplete and false historical narrative that Malaysia’s legal appeal was developed.

Surely, Tun Mahathir must have known that Malaysia’s team of researchers had spent months sifting through the British’s voluminous navy archives to rebut the sole letter which Singapore had relied on to dispute the Johor Sultanate’s sovereignty over Pulau Batu Puteh. Had Malaysia’s legal appeal been bogus and lacking credible merit, the ICJ would not have approved Malaysia’s review application to begin with. Mind you, the decision to allow Malaysia’s appeal at the ICJ is collectively taken by a panel of public international law experts, and not by a maverick, know-nothing politician such as Mahathir.

For a man known for his political betrayals and unreliable promises, strangely Tun Mahathir was overly concerned that Malaysia would have “broken its promise” with Singapore to accept the ICJ’s decision. What “promise” are you talking about, Tun Mahathir? A basic principle of rule of law guarantees a recourse for any legal decisions to be appealed, which among others relies on the inherent human nature that mistakes, do happen.

Moreover, the 2008 judgement on Pulau Batu Puteh also did not decide on the demarcation of South Ledge, but merely passing the responsibility to a Malaysia-Singapore panel to decide on it. Clearly that after a decade of the 2008 decision, both countries are still not able to resolve the territorial line – hence Malaysia’s appeal to the ICJ. Malaysia had exhausted all non-adversarial avenues that Malaysia’s ICJ review application was submitted only several weeks before the expiry of Malaysia’s right to appeal.

Even if Singapore had a stronger legal case, what better way to prove it than through this review application? Contrary to Mahathir’s weak appearance of “pity”, Singapore’s Attorney-General’s Chambers had assembled its finest legal talents to counter Malaysia’s legal arguments at the ICJ. There is no talk of time or money wastages on the other side of the fence – only the need to reassert their ego and legal positions, which Malaysia has a legal right to contest to.

Tun Mahathir’s ignorance reeks when he claimed that it is better for a “proper study to be conducted” on this matter. While we can begin to issue a study after another, unfortunately Malaysia’s legal right to review the ICJ’s decision on Pulau Batu Puteh has since extinguished.

Thanks to Tun Mahathir, Malaysia had lost its sovereignty over Pulau Batu Puteh, forever!