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By Mihar Dias December 2024
At 99, Tun Dr. Mahathir Mohamad remains a lightning rod for controversy, his every word capable of sparking debates that transcend generations.
This time, the former Prime Minister has found himself on the defensive, countering allegations related to the sovereignty dispute over Batu Puteh, Middle Rocks, and South Ledge.
His recent media conference at the Perdana Leadership Foundation was a masterclass in calculated rebuttal, as he questioned the Royal Commission of Inquiry's (RCI) motives and methodology.
Dr. Mahathir’s key contention? That the decision to drop Malaysia’s appeal to the International Court of Justice (ICJ) over Batu Puteh was not a unilateral act but one made collectively by the Cabinet, based on advice from leading experts.
He named Professor Malcolm Shaw QC, whose cautionary stance against reopening the case loomed large over the decision. According to Shaw, an appeal could risk Malaysia losing more than it gained, potentially undoing the ICJ’s 2008 ruling that awarded Middle Rocks to Malaysia. https://www.thestar.com.my/news/nation/2024/12/10/dr-mahathir-denies-being-treacherous-in-making-pulau-batu-puteh-decision
Critics may find it convenient to pin the blame on a single individual, especially when that individual happens to be Mahathir—a figure whose political career has polarised the nation for decades.
But his insistence that the then-Cabinet, including the wife of PMX, Datuk Seri Wan Azizah Wan Ismail, did not object to the decision is a critical point. https://www.thestar.com.my/news/nation/2024/12/10/dr-mahathir-denies-being-treacherous-in-making-pulau-batu-puteh-decision
It casts doubt on the narrative presented by the RCI, which Mahathir accuses of selectively targeting him while redacting 47 pages of its own report. If the RCI sought transparency and accountability, why were key witnesses—sitting ministers from the same Cabinet—apparently excluded from its proceedings?
Prime Minister Datuk Seri Anwar Ibrahim’s remarks, framing the handling of Batu Puteh as containing "elements of treason," add another layer of intrigue. https://www.thestar.com.my/news/nation/2024/12/10/dr-mahathir-denies-being-treacherous-in-making-pulau-batu-puteh-decision
Such a charged term raises the stakes, yet it also risks politicising an issue that requires sobre reflection. Treason is a grave accusation, one that demands irrefutable evidence and transparency, neither of which the RCI appears to have provided in abundance.
The optics of a closed-door hearing and a heavily redacted report undermine the RCI’s credibility. It is difficult to escape the impression that the inquiry was less about uncovering the truth and more about reinforcing a preordained conclusion. Mahathir's criticism that the RCI seemed designed to incriminate him rather than illuminate the decision-making process is one that resonates, particularly when viewed against the backdrop of Malaysia's often-politicised judicial inquiries.
Dr. Mahathir’s defense, whether one agrees with it or not, raises essential questions about governance, collective accountability, and the role of expert advice in shaping policy decisions. If the Cabinet of the day indeed consented to the course of action, then isolating Mahathir as the sole culprit smacks of selective amnesia.
Moreover, the notion that the ICJ's decision could be reversed to Malaysia's detriment is not far-fetched; it underscores the complexities and risks inherent in international legal disputes.
As Malaysians digest the RCI's findings and Mahathir's rebuttal, they would do well to consider the broader implications.
Sovereignty disputes are not merely legal battles; they are also deeply political, shaped by shifting alliances, domestic agendas, and national pride. In this case, the stakes go beyond the fate of a rocky outcrop in the Johor Strait. They touch on the integrity of Malaysia’s institutions and the trustworthiness of its leaders, past and present.
For now, Mahathir’s critics and supporters alike must grapple with a simple truth: history is rarely black and white. The Batu Puteh saga is no exception, and its resolution will require more than finger-pointing and rhetorical flourishes. It demands a genuine commitment to transparency, accountability, and the national interest—qualities that, sadly, seem in short supply.
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