KUALA LUMPUR: Legal experts are confused as to what would be the scope of the Royal Commission of Inquiry into the Batu Puteh dispute.
This, they said, was especially so considering the matter had already been decided by the International Court of Justice in 2018.
While constitutional and legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood said the RCI, with its investigative powers, could bring to light previously undisclosed issues, others questioned the use of such things.
Nik Kamal, however, thinks the RCI is long overdue after the decisions made by the ICJ.
"The people want to know what transpired and what actions were taken before and after the UN body decided the disputes," he said, adding that it would also be an essential lesson for the country when dealing with territorial disputes in the future.
He was commenting on Chief Secretary to the Government Tan Sri Mohd Zuki Ali's announcement that an RCI will be established to investigate matters concerning the sovereignty of Batu Puteh, Middle Rocks, and South Ledge.
Zuki had said the cabinet has agreed to the RCI, which would be comprised of individuals with vast expertise in the sectors of justice, law, and public administration.
Meanwhile, Universiti Sains Islam Malaysia Faculty of Syariah and Law associate professor, Dr Mohd Hazmi Mohd Rusli, said the government should instead focus on settling maritime disputes around Batu Puteh and Middle Rocks, and deciding ownership of South Ledge, which is considered a low tide elevation under Article 13 of the Law of the Sea Convention.
Expressing confusion about the RCI's purpose, he questioned whether it was intended as part of a "blame game" to assign responsibility for the loss of maritime features to Singapore.
"If the RCI is meant to initiate a blame game for the withdrawal of the case in 2018, I believe it would be a waste of time.
"On the other hand, if it is established to resolve maritime disputes within the area belonging to Singapore, Malaysia and Indonesia, including Pulau Bintan, then it could be a positive effort," said Hazmi, who is also a Universiti Utara Malaysia (UUM) Asian Institute of International Affairs and Diplomacy research fellow.
Echoing Hazmi, International Islamic University Malaysia international law professor Dr Mohd Yazid Zul Kepli said the current approach appeared as if it was meant to target certain parties due to "narrow political interests".
He said rather than investing effort in establishing the RCI, the government should focus on strengthening the protection of interests in the South China Sea.
"Our policy in relation to the South China Sea seems to be very weak, and a strong national policy is not in existence. Experts are rarely consulted as well," he said.
Nusantara Academy for Strategic Research senior fellow Dr Azmi Hassan also said it would be a waste of time as the Batu Puteh issue had already been settled and Malaysia had missed out on the change to appeal it.
However, he said if the primary focus of the RCI was to determine the sovereignty of Southern Ledge, as discussions on its ownership are currently ongoing, then information from the RCI could be crucial to prevent any loss.
