Pedra Branca Dispute - Procedural Matters

Procedural Matters

Singapore first suggested submitting the territorial dispute to the ICJ in 1989. The suggestion was accepted by Malaysia in 1994. In 1998, the text of a Special Agreement to bring the matter before the ICJ was agreed, and the Agreement was signed by the two countries at Putrajaya, Malaysia, on 6 February 2003. It was notified to the Court in July 2003. The case was assigned the name Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia v. Singapore).

Following directions issued by the Court, the parties exchanged memorials on 25 March 2004, counter-memorials on 25 January 2005, and replies on 25 November 2005. As the parties informed the Court by a letter dated 23 January 2006 that rejoinders were unnecessary, the written proceedings were closed. The Court determined by drawing lots that Singapore would present its case first. Public hearings were held between 6 and 23 November 2007, with Singapore presenting its case from 6 to 9 November, and Malaysia doing the same from 13 to 16 November 2007. Each country was then given two days to respond, with 19 and 20 November allocated to Singapore, and 22 and 23 November allocated to Malaysia. The persons who spoke for the parties were:

• For Singapore:
  • Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs (Singapore); Professor of Law at the National University of Singapore (acting as Singapore's Agent);
  • Chao Hick Tin, Attorney-General of Singapore (Counsel and Advocate);
  • Chan Sek Keong, Chief Justice of Singapore (Counsel and Advocate);
  • Alain Pellet, Professor at the Paris X University Nanterre; member and former Chairman of the United Nations International Law Commission; associate member of the Institut de Droit International (Counsel and Advocate);
  • Ian Brownlie, C.B.E., Q.C., F.B.A.; member of the English Bar; Chairman of the UN International Law Commission; Emeritus Chichele Professor of Public International Law, University of Oxford; member of the Institut de Droit International; Distinguished Fellow, All Souls College, Oxford (Counsel and Advocate);
  • Rodman R. Bundy, avocat à la Cour d'Appel de Paris; member of the New York State Bar Association; Frere Cholmeley/Eversheds, Paris (Counsel and Advocate);
  • Loretta Malintoppi, avocat à la Cour d'Appel de Paris; member of the Rome Bar; Frere Cholmeley/Eversheds, Paris (Counsel and Advocate); and
  • S. Jayakumar, Deputy Prime Minister; Co-ordinating Minister for National Security and Minister for Law; Professor of Law at the National University of Singapore (Counsel and Advocate).

• For Malaysia:
  • Abdul Kadir Mohamad, Ambassador-at-Large, Ministry of Foreign Affairs, Malaysia; Adviser for Foreign Affairs to the Prime Minister (Malaysia's Agent);
  • Farida Ariffin, Ambassador of Malaysia to the Netherlands (Co-Agent);
  • Abdul Gani Patail, Attorney-General of Malaysia (Counsel);
  • Elihu Lauterpacht, C.B.E., Q.C., Honorary Professor of International Law, University of Cambridge; member of the Institut de Droit International; member of the Permanent Court of Arbitration (Counsel);
  • James Crawford, S.C., F.B.A., Whewell Professor of International Law, University of Cambridge; member of the Institut de Droit International (Counsel);
  • Nicolaas Jan Schrijver, Professor of Public International Law, Leiden University; associate member of the Institut de Droit International (Counsel);
  • Marcelo G. Kohen, Professor of International Law, Graduate Institute of International Studies, Geneva; associate member of the Institut de Droit International (Counsel); and
  • Penelope Nevill, college lecturer, Downing College, Cambridge.

The case was presided over by ICJ Vice-President Judge Awn Shawkat Al-Khasawneh, alongside 13 other judges and two ad hoc judges appointed by the two countries. The judges were Raymond Ranjeva from Madagascar, Shi Jiuyong from the People's Republic of China, Abdul G. Koroma from Sierra Leone, Gonzalo Parra Aranguren from Venezuela, Thomas Buergenthal from the United States, Hisashi Owada from Japan, Bruno Simma from Germany, Peter Tomka from Slovakia, Ronny Abraham from France, Kenneth Keith from New Zealand, Bernardo Sepúlveda Amor from Mexico, Mohamed Bennouna from Morocco and Leonid Skotnikov from Russia. As the Bench of the Court did not include any judges of the nationality of either party, the parties exercised their right to choose judges ad hoc to sit in the case. Singapore appointed Pemmaraju Sreenivasa Rao from India, and Malaysia Christopher John Robert Dugard from South Africa.