THE DEVIL IS IN THE DETAIL

The first major decision of the ICJ was to examine the evidence on the question of the original title to sovereignty over Pulau Batu Puteh. Malaysia's position was predicated on the claim that the island and rock features belonged to the historic Sultanate of Johor and its successor states including modern Malaysia. By contrast, Singapore asserted that the island and rock features in the Straits of Singapore were terra nullius. In court Singapore demanded a very high level of evidence to support Malaysia's claim to original title. Among these demands were proof that the Sultanate of Johor had title over a barren , unihabited 'rock'; effective sovereign control of the rock and its surrounding waters including acts that would assert its authority and jurisdiction. In this regard, Singapore made use of the highly contentious thesis that the Sultanate of Johor was in a process of terminal decline in the late eighteenth and early nineteenth centuries, had little or no sense of terriority and was infested with piracy. Therefore, Singapore would have the Court believe that nobody had authority over Pulau Batu Puteh and its surrounding waters until the British built the Horsburgh Lighthouse in 1851.

In contrast to Singapore's 'imagined history', we brought to bear the weight of historical evidence found in a huge number of archives. For the early period there is no doubt that the most important collection is the records of the East India Company which effectively ruled the Straits Settlements of Penang, Malacca and Singapore up to 1858. These can be found in a number of archives: the British Library, the National Archives of India in New Delhi, the State Archives of West Bengal in Kolkata, and the various microfilm copies held by the University of Malaya Library. For the decade from 1858 to 1867 the major source is the India Office records held by the British Library. Thereafter, from 1867 to 1946 the key source of data is the Colonial Office series, as well as those of related British government departments such as the Admirality, Dominion Office, War Office and Foreign Office all held at the National Archives of the United Kingdom at Kew. Aside from official records very useful data can be gleaned from contemporary press reports (Singapore Chronicle, Singapore Free Press, Canton Press, Straits Times) held on microfilm at the University of Malaya Library. Finally, there are miscellaneous records available from the House of Commons Parliamentary Papers, as well as contemporary academic periodicals such as the Journal of Indian Archipelago and Journal of the Malaysian Branch of the Royal Asiatic Society.

The table below offers a summary of the major archival collections that were used in developing Malaysia's submission to prove that original title of Pulau Batu Puteh did indeed belong to the Sultanate of Johor.

(Click on table to enlarge)