World court to rule on RI-Malaysia territorial dispute over islands
World court to rule on RI-Malaysia territorial dispute over islands
Agence France-Presse, The Hague
The world court in The Hague announced on Thursday that it will issue a ruling on Dec. 17 on a territorial dispute between Indonesia and Malaysia over two resource-rich islands in the Sulawesi sea.
The judgement will be read out by judge Gilbert Guillaume, the president of the court. There is no appeal mecanism for rulings by the ICJ.
This is the first Southeast Asian territorial dispute to go to the ICJ, the supreme legal body of the United Nations.
Pulau Ligitan and Pulau Sipidan, small islands off Malaysia's eastern Sabah state that are known as a diver's paradise, are claimed by Indonesia and Malaysia which cover their their oil and natural gas reserves.
Pulau Sipadan drew international attention in April 2000 after a band of Muslim rebels -- the Abu Sayyaf gang from neighboring Philippines -- raided the island and kidnapped 21 Malaysians and foreigners.
The dispute between Jakarta and Kuala Lumpur over the isles dates back to 1969 when the two countries, unable to agree on the boundaries, decided to maintain the status quo temporarily.
They signed an accord in May 1997, handing the International Court of Justice (ICJ) responsibility for resolving the dispute "in the spirit of friendly relations," adding that they would accept the court's decision as "final and binding upon them".
In June of this year both Indonesia and Malaysia presented the basis for their historical claim on the island in several days of public hearings.
Both countries named treaties signed by their former colonial powers, Britain for Malaysia and the Netherlands for Indonesia, in the late 19th and early 20th century to show their sovereignty.
Indonesia retained the services of four internationally reputed lawyers to represent it in the court in The Hague. They are Alain Pellet (France), Alfred Soons (Netherlands), Sir Arthur Watts (Britain) and Rodman R. Bundy (United States). Similarly, Malaysia had retained the services of four international lawyers.
Indonesian Foreign Minister Hassan Wirayuda disclosed this week that the government had spent some Rp 16 billion (US$1.7 million) in the Sipadan and Ligitan campaign since 1997, mostly on legal fees for the lawyers who billed by the hour.
The court ruling will be final and binding on both sides, without any chance of an appeal, he said, adding that the United Nations Security Council had the power to execute the ruling should Indonesia or Malaysia decided to ignore it.
This latter clause is necessary to deter the losing party from resorting to the use of force in claiming sovereignty over the islands.