JANUARY 13 — On January 10, 2025, Tun Dr Mahathir Mohamad reportedly remarked, "Why fuss over a rock?” when commenting on his administration’s decision to withdraw Malaysia’s application for a review of the Batu Puteh case at the International Court of Justice (ICJ).

The statesman expressed that Malaysia gained little from possessing Batu Puteh, which is roughly the size of a football field.

But is Batu Puteh truly just a rock in the sea?

In 2008, the ICJ awarded sovereignty over Batu Puteh (also known as Pedra Branca) to Singapore. However, Middle Rocks, located about one kilometre from Batu Puteh, was recognised as Malaysian territory. The ICJ did not decide on the sovereignty of South Ledge.

Although the ICJ resolved the territorial dispute between Malaysia and Singapore over Batu Puteh, several issues arose from this decision:

1. Which country holds sovereignty over South Ledge?
2. How will Malaysia and Singapore demarcate the maritime boundary between Middle Rocks and Batu Puteh?
3. Can Singapore claim an exclusive economic zone (EEZ) and continental shelf in the South China Sea due to its sovereignty over Batu Puteh?

These questions must be addressed in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), to which both Malaysia and Singapore are parties.

1. Who owns South Ledge?

In 2008, the ICJ confirmed Singapore’s sovereignty over Batu Puteh and Malaysia’s sovereignty over Middle Rocks. However, the ICJ did not clearly determine the status of South Ledge, a maritime feature that appears only during low tide, as it lies in overlapping waters between mainland Malaysia, Batu Puteh, and Middle Rocks.

Malaysia and Singapore have established a Joint Technical Committee to delineate the maritime boundary around Batu Puteh and Middle Rocks and to resolve the sovereignty of South Ledge.

Before gaining sovereignty over Batu Puteh, Singapore could not claim maritime territory in the South China Sea due to being bordered by Johor on both its western (Pontian district) and eastern (Mersing district) sides. To the south, Singapore faces the Singapore Strait, sharing maritime borders with Indonesia’s Batam and Bintan islands.

After securing Batu Puteh in 2008, Singapore, like Malaysia and Indonesia, can now claim territorial sea in the South China Sea adjacent to Batu Puteh.

Currently, both Singapore and Malaysia claim South Ledge, and no resolution has been reached.

2. How will Malaysia and Singapore define the maritime boundary between Middle Rocks and Batu Puteh?

Middle Rocks and Batu Puteh are approximately one kilometre apart.

Since countries can claim territorial seas up to 12 nautical miles, maritime claims between Malaysia and Singapore are bound to overlap in this area.

Had Batu Puteh remained under Malaysian sovereignty, the waters would solely be shared between Malaysia and Indonesia, excluding Singapore.

3. Can Singapore claim an exclusive economic zone (eez) or continental shelf in the South China Sea due to Batu Puteh?

Batu Puteh is essentially a rock with the Horsburgh Lighthouse, built in 1851, standing on it. Fundamentally, an island is a landmass surrounded by water that remains above water at high tide and can sustain human habitation or economic life.

Examples of genuine islands in Malaysia include Langkawi, Penang, Kukup, Tioman, and Payar. These islands are true islands, unlike mere rocks in the sea.

According to Article 121(2) of UNCLOS, islands can generate territorial seas, EEZs, and continental shelves.

Unlike Langkawi, Tioman, or Payar, Batu Puteh is a barren rock where nothing grows naturally. Without the Horsburgh Lighthouse built by the British, it would not be habitable.

Rock or island, the fact remains that Singapore’s sovereignty over Batu Puteh allows it to claim maritime areas in the South China Sea, which it previously could not.

Conclusion

Malaysia’s loss of Batu Puteh in 2008 was a shocking event for many. It serves as a lesson that every inch of our territory, no matter how small, must be safeguarded and defended by all Malaysians.

Statements like "Why fuss over a rock?” are inappropriate and should not be made.

Batu Puteh is now in the hands of another nation.

We must not repeat the mistakes and negligence of past administrations during British colonial rule or subsequent to gaining independence, ensuring that no territory rightfully ours is claimed by other nations.

* Associate Professor Dr Mohd Hazmi Mohd Rusli is a lecturer at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia, and a research fellow at the Asian Institute of International Affairs and Diplomacy, Universiti Utara Malaysia, Kedah.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.