UN General Assembly proper body to tackle Sultanate of Sulu petition – ICJ

The International Court of Justice (ICJ) has stated that the Sultanate of Sulu's petition should be referred to the United Nations General Assembly, the appropriate forum for such cases. This would occur once a member nation such as the United States, China, or the Philippines endorses the petition, as declared by an ICJ official in 2004.

Philippe Couverous, ICJ registrar, in a reply to the Sultanate of Sulu dated 20 October 2024, a copy of which was obtained by Daily Tribune, confirmed that Articles 34 and 35 of the ICJ Statute stipulate that such matters fall under the jurisdiction of the UN General Assembly, not the ICJ.

Abraham Idjirani, spokesperson and convenor of the Mindanao Sulu Unification Movement (MSUM), noted that at least two of the five permanent members of the UN—China and the United States—maintain standing treaties with the Sultanate. The other permanent members are France, the Russian Federation, and the United Kingdom.

Idjirani emphasized that the ICJ response specifically mentions the need for endorsement from a UN member state for the case to proceed to deliberation in the General Assembly.

“This is to inform you of the provisions contained in Articles 35 and 34 of the Statute of the International Court of Justice. The Sultanate of Sulu and North Borneo, or the Bangsa Suluk Nation, just needs one nation to endorse its 2004 petition for deliberation in the UN General Assembly,” Couverous stated.

The 2004 petition, submitted to then UN Secretary-General Kofi Annan, adhered to principles of peaceful settlement and sought the repossession of North Borneo (Sabah) from Malaysia. It also demanded $25 billion in compensation for the use of natural resources in the territory since its annexation in 1963.

However, Idjirani explained that the Sultanate of Sulu had been incapacitated as an international legal entity capable of asserting sovereignty rights. The current ruling family of the Sultanate of Sulu and North Borneo (Bangsa Suluk Nation) now seeks the assistance of the United States government under President Donald Trump to endorse the petition, invoking the 1915 Carpenter-Kiram Agreement.

“The filing of the Sulu Sultanate petition in 2004 with the United Nations was to advance the vital interests, well-being, and general welfare of its constituents and others outside its ancestral realm, including the inhabitants of Sabah,” Idjirani stated.

He explained that the basis of the Sultanate’s claim is rooted in Malaysia inheriting only the British leasehold rights to North Borneo, established by the British North Borneo Company in 1878. These were not sovereign rights, as declared by the late Senator Arturo Tolentino at the United Nations.

Idjirani further stated that the Sultanate plans to seek President Trump’s endorsement for the $25 billion damages suit filed in 2004. The claim arises from Malaysia’s exploitation of Sabah’s natural resources since 1963, despite the Carpenter-Kiram treaty ensuring US protection of the Sultanate’s territorial rights.

The $25 billion claim reflects the estimated value of natural resources exploited since Sabah’s annexation to Malaysia in 1963 up to the present day.

“Since the Philippine government has already opted out of the Sabah case, our only hope is for the US or China to endorse the petition and initiate deliberation at the ICJ,” Idjirani said.

He added that securing President Trump’s endorsement aligns with his administration’s objective of safeguarding vital waterways globally.

Idjirani noted that the Sultanate’s ancestral territory includes parts of the South China Sea and the Celebes Sea, which were key trade routes during the ancient Silk Road era in the 17th century.

The Sultanate’s resolution asserts full sovereign, legal, and historic rights over North Borneo (Sabah) as of 18 September 2004, and demands $25 billion in damages for Malaysia’s alleged illegal exploitation of the territory’s natural resources.

The 2004 petition was anchored on the 1915 Carpenter-Kiram Agreement, the 1947 and 1950 UN Resolutions, and the principles of the 1885 Monroe Doctrine. It was submitted to the UN through its satellite office in Makati, Metro Manila.

The petition was signed by the late Raja Muda Agbimuddin Kiram, supported by followers across the Sulu Archipelago, Zamboanga Peninsula, and Palawan, on behalf of the 33rd Sultan Jamalul Kiram III and the 34th Sultan Esmail Kiram II.

The Sultanate viewed the UN as the appropriate tribunal to resolve the Sabah dispute with Malaysia through peaceful means, as stated in related UN principles on dispute settlement.

The Philippine government has distanced itself from the Sabah dispute. Solicitor General Menardo Guevarra clarified that the Philippines is not involved in cases between the Sultanate’s heirs and Malaysia.

This stance followed the recent dismissal of a $14.9 billion arbitral award claimed by the Sultanate’s heirs by a French arbitration tribunal.

The tribunal’s dismissal opened the possibility of leasing the resource-rich Sabah territory to countries like China or the Philippines.

“The Philippines is not privy to the case,” Guevarra said, commenting on the latest developments in the territorial dispute.

The Sultanate reiterated its stance that the Sabah claim is separate from the French arbitration award and focuses on its sovereign rights.

The 2004 petition emphasizes peaceful resolution and adherence to UN principles while asserting the Sultanate’s historic and legal claims over Sabah.