JUNE 4 — I refer to the news report "Malaysia dropping challenge on Pulau Batu Puteh claim, Singapore told”  on 31 May 2018.

This report relates to Malaysia’s decision to withdraw two separate applications made at the International Court of Justice (ICJ) regarding the Pulau Batu Puteh dispute. First, a request for interpretation of the 2008 judgment and second, an application for revision of the same judgment made on 30 June 2017 and 2 February 2017, respectively. This decision has made positive strides in bilateral relations with Singapore. Singapore welcomed the decision to withdraw the application; its foreign minister was quoted as saying that Singapore "happy to agree”.

As a member of the public, I am concerned that the Malaysian government has not sufficiently explained to the rakyat its reasons for the withdrawal; especially given that this is a case of great public interest and that the decision to withdraw has lasting implications. My concern is based on the following.

First, the case involves an important subject matter – sovereignty over an island. i.e. does Malaysia have sovereignty over Pulau Batu Puteh? The ICJ in 2008 decided in the negative. However, Malaysia had through the revision application attempted to persuade the court to decide otherwise. By withdrawing the revision application, we are now accepting that Malaysia does not have sovereignty over the island, despite the discovery of at least three new documents in the UK National archives.

Second, according to the previous government, the "…revision proceedings are exceptional. It is only after careful consideration that the Government of Malaysia has decided to submit this application”. Ordinarily, this would mean that there was a sound basis for the revision application. One would expect that "careful consideration” here would have included the government having sought sound legal advice from experts and both external and government lawyers. As such, why are we now withdrawing from a "carefully considered decision”?

Third, the withdrawal of the revision application diminishes any hope of similar applications in future, as the Statute of the ICJ dictates that the deadline for a revision application be made 10 years from the 2008 judgment and within 6 months of the discovery of the new documents (fact). Again, this highlights the serious implications of the decision to withdraw.

Lastly, I am certain that much resources – financial and manpower – have gone into the preparation for the applications; especially since the withdrawal was made only days away from the oral submissions at the ICJ - scheduled for 11 June 2018.

Given these reasons, and in line with the spirit of transparency and accountability heralded by the Pakatan Harapan government, it is hoped that the government would explain its decision for the withdrawal of these applications.

* This is the personal opinion of the writer and does necessarily represent the views of Malay Mail.