Who Own Pedra Branca?

Who Own Pedra Branca?

Who Own Pedra Branca? Territorial disputes, often driven by historical claims, strategic importance, and natural resources, are a global issue, as demonstrated by conflicts like the Senkaku-Diaoyu Islands dispute involving China, Japan, and Taiwan, and the Kuril Islands dispute between Japan and Russia. These islands, rich in resources and strategically located, are contested for both economic and geopolitical reasons.

In northwest Africa, the Western Sahara conflict continues between Morocco and the Sahrawi Arab Democratic Republic (SADR), with Morocco controlling most of the territory and the SADR pushing for independence. The Israel-Palestine conflict, one of the most enduring and deeply rooted disputes, is driven by complex historical, religious, and political tensions over the West Bank, Gaza Strip, and East Jerusalem. In contrast, the Hans Island dispute between Denmark and Canada has taken on a lighthearted tone, symbolized by the “whisky war” of leaving national spirits on the contested island.

Similarly, the Pedra Branca dispute between Singapore and Malaysia is significant because of the strategic maritime locations. Though resolved by the International Court of Justice in 2008, ongoing negotiations over further maritime boundaries highlight the challenges of settling territorial disputes even after legal rulings. Let us get a glimpse of this issue:

Background Information

Pedra Branca is a small yet strategically important island situated at the eastern entrance of the Singapore Strait, about 24 nautical miles from mainland Singapore and close to the Malaysian state of Johor. Home to the Horsburgh Lighthouse, built by the British in the mid-19th century, the island also houses a military rebroadcast station, a helipad, a desalination plant, and a communications tower. Its position at the crossroads of major shipping routes pinpoints its value, making Pedra Branca a key asset for navigation and maritime security in one of the busiest waterways in the world.

The island’s strategic importance lies in its location within the Singapore Strait, a critical artery that connects the Strait of Malacca to the South China Sea. Control over Pedra Branca provides the ability to monitor maritime traffic in this economically vital route, which is essential for global trade, especially for oil shipments and other key goods. Recent land reclamation efforts by Singapore aim to improve its facilities, including the addition of berthing spaces and logistical support, further enhancing the island’s role in ensuring safe navigation through these busy waters.

Pedra Branca has been the center of a long-standing territorial dispute between Singapore and Malaysia. The conflict began in 1979 when Malaysia claimed the island as part of its territory. Singapore formally protested, citing historical records and continuous administration since the British colonial period. The case went to the International Court of Justice (ICJ), which ruled in 2008 that Pedra Branca belonged to Singapore, while nearby Middle Rocks were awarded to Malaysia. Although the ruling clarified ownership, the issue remains sensitive, with Malaysia recently revisited the case through a royal commission of inquiry.

Historical Claims

Malaysia’s claim to Pedra Branca, or Pulau Batu Puteh as it is known locally, is rooted in the historical sovereignty of the Johor Sultanate. Malaysia argues that the island was part of Johor’s territory long before the British colonial period and that it was never formally ceded to any foreign power. Upon gaining independence, Malaysia believes it inherited this sovereignty. To support its claim, Malaysia references historical navigational charts and maps from the 19th century, which it asserts depict Pedra Branca as part of Johor, along with accounts of local fishermen using the island.

Singapore’s claim is based on the principle of effective occupation and administration. Singapore contends that the British colonial government took possession of Pedra Branca in the mid-19th century to construct the Horsburgh Lighthouse, completed in 1851. Since then, Singapore has continuously administered the island, maintaining the lighthouse and establishing additional infrastructure, including a military rebroadcast station, a helipad, and a desalination plant. Singapore highlighted its consistent governance, controlling access to the island and overseeing its upkeep as evidence of effective control.

The territorial dispute between Malaysia and Singapore reached the International Court of Justice (ICJ), which in 2008 ruled in favor of Singapore’s sovereignty over Pedra Branca. However, in 2017, Malaysia attempted to reopen the case, citing newly discovered documents from British archives. This effort was later withdrawn in 2018, leaving the ICJ’s original judgment unchanged. Despite the finality of the ruling, the issue remains a sensitive and ongoing point of contention between the two nations.

The Dispute

The Pedra Branca dispute began in 1979 when Malaysia published a map, known as the “1979 Map,” which included Pedra Branca within its territorial waters. This marked a departure from previous understandings and formalized Malaysia’s claim to the island, which it considered part of the Johor Sultanate’s historical territory. The publication of the map triggered the onset of the territorial conflict between Malaysia and Singapore, with Malaysia asserting ownership over the strategically located island.

In response, Singapore lodged a formal protest in February 1980, rejecting Malaysia’s claim and requesting the correction of the map. Singapore based its argument on historical records and its continuous administration of the island since the mid-19th century, when the British constructed the Horsburgh Lighthouse. Diplomatic exchanges between the two nations followed, with both sides presenting evidence to support their claims, but these early efforts did not lead to a resolution. Throughout the 1980s and 1990s, the dispute fueled increased diplomatic tensions as both nations maintained their respective positions.

Despite several rounds of bilateral negotiations from 1993 to 1994, Malaysia and Singapore failed to reach a consensus on the ownership of Pedra Branca. In 1998, both countries agreed to submit the case to the International Court of Justice (ICJ) for a binding resolution. A formal Special Agreement was signed in 2003, setting the terms for the court proceedings. After hearings in 2007, the ICJ delivered its judgment in May 2008, ruling in favor of Singapore, thereby resolving the long-standing dispute over Pedra Branca.

Aftermath and Current Status

Following the ICJ’s 2008 ruling, both Singapore and Malaysia took peaceful steps to implement the decision. Singapore continued its administration of Pedra Branca, enhancing infrastructure such as the Horsburgh Lighthouse, a desalination plant, and a military rebroadcast station. Meanwhile, Malaysia adjusted its maritime boundaries in accordance with the ruling and took control of Middle Rocks. Although Malaysia sought to revise the judgment in 2018 citing new evidence, it eventually withdrew its appeal, with Malaysian Prime Minister Anwar Ibrahim recently affirming that while Malaysia disagrees with the ICJ’s decision, it respects the ruling and will not pursue further appeals.

Currently, Pedra Branca remains under Singapore’s administration, with significant facilities like the Horsburgh Lighthouse, a helipad, a desalination plant, and a communications tower located on the island. Singapore has also initiated land reclamation projects aimed at improving maritime safety and security, expanding search and rescue capabilities, and providing berthing facilities for vessels.

Despite the resolution of the sovereignty dispute, the delimitation of maritime boundaries around Pedra Branca, Middle Rocks, and South Ledge remains an ongoing issue. Both nations are negotiating these boundaries through the Malaysia-Singapore Joint Technical Committee, although overlapping territorial waters and the area’s strategic importance complicate the process.

Conclusion

The Pedra Branca dispute, a complex and long-standing territorial conflict between Singapore and Malaysia, highlight the strategic importance of this small island at the crossroads of major shipping routes. The International Court of Justice’s 2008 ruling in favor of Singapore, while resolving the primary issue of sovereignty, has not entirely quelled the sensitivities surrounding the matter, as evidenced by Malaysia’s subsequent attempts to revisit the case. The peaceful resolution through legal means, facilitated by ASEAN’s diplomatic efforts, highlights the potential for international law to address and settle regional disputes.

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