Malaysia files application for revision of ICJ's Pulau Batu Puteh decision

Attorney-General Tan Sri Mohamed Apandi Ali in a statement today said the application was filed yesterday (Feb 2).

"The application, which was filed at the International Court of Justice, The Hague, was made by Malaysia upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to Malaysia as the party claiming revision.

"We are also confident that the requirements as stipulated under Article 61 of the Statute of the International Court of Justice have been met in that, inter alia, the application for revision is brought within six months of the discovery of the new fact, and within 10 years of the date of the judgment," he said.

He said Malaysia's application for a revision of the judgment was a continuation of the process embarked on May 9, 2003 by both Malaysia and the Republic of Singapore, when both nations agreed to submit the dispute pertaining to sovereignty over Pulau Batu Puteh (Pedra Branca), Middle Rocks and South Ledge to the ICJ ("Special Agreement").

Mohamed Apandi said the discovery of the new fact was important and should be ventilated in a court of law accordingly.

"Thus, as agreed by both parties in the Special Agreement, the International Court of Justice is the appropriate forum for this," he said.

On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Pulau Batu Puteh while Malaysia owned Middle Rocks, and South Ledge belonged to the state in whose territorial waters it is located.