8 - The ICJ's Judgment

Summary

Introduction

As has been discussed in Chapter 1, both Indonesia and Malaysia agreed to refer the dispute concerning ownership of Pulau Sipadan and Pulau Ligitan to the International Court of Justice (ICJ) on 7 October 1996. Subsequently, on 31 May 1997, both countries signed a Special Agreement for this purpose and filed the said Agreement with the ICJ on 2 November 1998. In the Special Agreement, the two parties requested the ICJ to determine, on the basis of treaties, agreements, and other evidence to be furnished by them, whether sovereignty over the two islands belonged to the Republic of Indonesia or to Malaysia. Each of the Parties subsequently submitted a Memorial, a Counter-Memorial and a Reply as required by the Court. The Court delivered its verdict on 17 December 2002.

The Court comprised of seventeen judges. They included the President, Guilbert Guillaume, the Vice-President, Shi, and Judges Shigeru Oda, Ranjeva, Herczegh, Fleischhauer, Koroma, Vereshchetin, Higgins, Parra- Aranguren, Kooijmans, Rezek, Al-Khasawneh, Buergenthal and Elaraby; and Judges ad hoc Christopher Weeramantry and Thomas Franck. The Registrar was Philippe Couvreur. Since the Court did not include any judge of the nationality of either of the Parties, each Party proceeded to choose a judge ad hoc to sit on the case: Indonesia chose Mr Mohamed Shahabuddeen and Malaysia Mr Christopher Gregory Weeramantry of Sri Lanka. Mr Shahabuddeen later resigned, and Indonesia chose Mr Thomas Franck of the United States to replace him. Public hearings were held from 3 to 12 June 2002.1 At the Oral Presentation held from 3 to 12 June 2002, the two sides advanced the following submissions to support their claims to the two islands.

On behalf of the Government of Indonesia:

On the basis of the facts and legal considerations presented in Indonesia's written pleadings and its oral presentation, the Government of the Republic of Indonesia respectfully requests the Court to adjudge and declare that:

(i) Sovereignty over Pulau Ligitan belongs to the Republic of Indonesia; and

(ii) Sovereignty over Pulau Sipadan belongs to the Republic of Indonesia

On behalf of the Government of Malaysia:

The Government of Malaysia respectfully requests the Court to adjudge, and declare that sovereignty over Pulau Ligitan and Pulau Sipadan belongs to Malaysia.