ICJ best arbitrator on islands rift: Experts
UJUNGPANDANG, S. Sulawesi (JP): Two legal experts agree that Indonesia's and Malaysia's decision to take their overlapping claims on the Sipadan and Ligitan islands to the International Court of Justice (IJC) may yield the best solution.
International law experts Said Nizar and Frans Likadja of Hasanuddin University also agreed that the row had dragged on too long, and that the court could give the most objective ruling. But, Said said, it would not be easy for the court to reach a decision, given the strong arguments of the two parties.
"Indonesia and Malaysia won't have to worry about the court's objectivity and independence," Professor Likadja said. "Its fifteen judges are experts on international laws and their capability is beyond doubt, as is their independence.
"No need to worry about collusion," he told The Jakarta Post last Thursday.
Likadja said it was difficult to predict which party would win the case: "Indonesia will have to work hard to convince the judges."
Said said the court must deal with four factors: maritime law, history, exclusive economic zones and politics.
"Historical considerations may prove more important than the question of politics," he said.
President Soeharto and Prime Minister Mahathir Mohamad of Malaysia last week agreed, after reaching an impasse in bilateral negotiations, that the dispute over the Sipadan and Ligitan islands should be taken to the ICJ for arbitration.
"Whatever the International Court of Justice's decision is, both sides will accept and respect it," said Minister/State Secretary Moerdiono when he accompanied President Soeharto on the visit to Kuala Lumpur.
"We truly believe the islands belong to Indonesia. However, the Malaysians, of course, also believe the islands belong to them," Moerdiono said.
Indonesia immediately began preparing its lawyers, and the legal documents on the islands. Minister of Foreign Affairs Ali Alatas said recently that Jakarta was collecting as much proof as possible to support its claim over the islands.
The two tiny islands are off the northeast coast of Kalimantan. Both Indonesia and Malaysia claim the islands based on the territories of their former colonial rulers.
The two sides had attempted to reach a settlement. However, negotiations among high-ranking officials faltered. Indonesia initially rejected the idea of taking the case to the international court, proposing arbitration through the ASEAN High Council instead.
In a show of solidarity and friendship, Soeharto and Mahathir finally agreed to take the dispute to the IJC in The Hague. Indonesia has said it will not compromise on the islands dispute.
Said said the dispute arose because Indonesia had not established agreements with its neighboring countries on the borders of its exclusive economic zone.
"This case will take a long time to process, especially if the International Court of Justice decides to assign its own team to determine the two countries' borders," he said. (20/swe)