Editing Sabah (section)

=== Territorial disputes ===
{{main|Ligitan and Sipadan dispute|Spratly Islands dispute|North Borneo dispute|Malaysia Sulu case}}
[[File:Map of British North Borneo, yellow area covered by the Philippine claim.PNG|thumb|left|Map of the British North Borneo with the yellow area covered the Philippine claim to eastern Sabah, presented by the Philippine Government to ICJ on 25 June 2001.<ref>{{cite web |url=http://www.idfr.gov.my/images/stories/publication/2009/inside_pbp.pdf|title=Malaysia's territorial disputes – two cases at the ICJ: Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), Ligitan and Sipadan [and the Sabah claim] (Malaysia/Indonesia/Philippines)|author=Kadir Mohamad|website=Institute of Diplomacy and Foreign Relations |location=Malaysia |year=2009|access-date=16 May 2014|page=46|quote=Map of British North Borneo, highlighting in yellow colour the area covered by the Philippine claim, presented to the Court by the Philippines during the Oral Hearings at the ICJ on 25 June 2001.|archive-url=https://web.archive.org/web/20160516042053/http://www.idfr.gov.my/images/stories/publication/2009/inside_pbp.pdf|archive-date=16 May 2016}}</ref>]]
Sabah has had several territorial disputes with neighbouring Indonesia and the Philippines. In 2002, both Malaysia and Indonesia submitted to arbitration by the ICJ on a territorial dispute over the Ligitan and Sipadan islands which were later won by Malaysia.<ref name="Justice2003"/><ref name="court result"/> There are also several other disputes yet to be settled with Indonesia over the overlapping claims on the [[Ambalat]] continental shelf in the Celebes Sea and land border dispute between Sabah and [[North Kalimantan]].<ref>{{cite news |url=http://www.dailyexpress.com.my/news.cfm?NewsID=103802 |title=Border disputes differ for Indonesia, M'sia |newspaper=Daily Express |date=16 October 2015 |access-date=9 September 2016 |archive-url=https://web.archive.org/web/20160216030658/http://www.dailyexpress.com.my/news.cfm?NewsID=103802 |archive-date=16 February 2016 }}</ref> Malaysia's claim over a portion of the [[Spratly Islands]] is also based on sharing a continental shelf with Sabah.<ref>{{cite book |author=Chandran Jeshurun |title=China, India, Japan, and the Security of Southeast Asia |url=https://books.google.com/books?id=o5e1xpmGbT0C&pg=PA196 |year=1993 |publisher=Institute of Southeast Asian Studies |isbn=978-981-3016-61-3 |page=196}}</ref>

The Philippines claims much of eastern Sabah.<ref name="Chinese records"/><ref name="myph"/><ref>{{cite web |url=https://web.stanford.edu/group/tomzgroup/pmwiki/uploads/1072-1968-12-xx-ks-a-ajg.pdf |title=The Sabah Dispute |publisher=Keesing's Record of World Events |date=December 1968 |access-date=9 June 2017 |volume=14 }}</ref> It claims that the territory is connected with the Sultanate of Sulu and was only leased to the North Borneo Chartered Company in 1878 with the Sultanate's sovereignty never being relinquished.<ref name="PH claim research"/> Malaysia however, considers this dispute as a "non-issue", as it interprets the 1878 agreement as that of [[cession]] and that it deems that the residents of Sabah had exercised their right to [[self-determination]] when they joined to form the Malaysian federation in 1963.<ref>{{cite news |url=http://www.dailyexpress.com.my/news.cfm?NewsID=104611 |title='Sabah claim' handicap |newspaper=Daily Express |date=20 November 2015 |access-date=17 May 2016 |archive-url=https://web.archive.org/web/20160516182010/http://www.dailyexpress.com.my/news.cfm?NewsID=104611 |archive-date=16 May 2016 }}</ref> A group of 200 armed Filipinos identifying themselves as the Royal Security Forces of the Sultanate of Sulu and North Borneo landed in the district of [[Lahad Datu District|Lahad Datu]] and took control of the Tanduo village in 2013, with the objective of reinforcing the Philippine claim over the eastern region of Sabah. This Lahad Datu incident resulted in the deaths of 56 members of the Sulu group, nine Malaysian security force members including six civilians.<ref name="LD 2013"/><ref name="PLD 2013"/>

Before this incident, Malaysia continued to pay an annual cession payment amounting to roughly $1,000 to the indirect heirs of the Sultan honouring an 1878 agreement, where [[North Borneo]] – today's Sabah – was conceded by the Sultan of Sulu to a British company.<ref name="sultanate forum shopping">{{cite news|url=https://thediplomat.com/2022/11/sovereignty-forum-shopping-and-the-case-of-the-sulu-sultanates-heirs/|title=Sovereignty, Forum Shopping, and the Case of the Sulu Sultanate's Heirs|last1=Abd Rahman|first1=Karisma Putera|last2=A. Rahman|first2=Fikry|work=The Diplomat|date=30 November 2022|access-date=9 February 2024}}</ref> However, the Malaysian government halted the payments after this incident. As a result, the self-proclaimed Sulu heirs pursued this case for legal arbitration vis-a-vis the original commercial deal. Since then, the Sulu claimants have been accused of "[[forum shopping]]".<ref name="sultanate forum shopping"/> In 2017, the heirs showed their intention to start arbitration in Spain and asked for $32.2 billion in compensation. In 2019, Malaysia responded for the first time. The attorney general at the time offered to start making yearly payments again and to pay 48,000 Malaysian ringgit (about $10,400) for past dues and interest, but only if the heirs gave up their claim.<ref>{{cite news|url=https://asia.nikkei.com/Opinion/Sulu-claim-shows-Southeast-Asia-cannot-yet-escape-colonial-legacy|title=Sulu claim shows Southeast Asia cannot yet escape colonial legacy|last=Chin|first=James|work=Nikkei Asia|date=22 July 2022|access-date=9 February 2024}}</ref><ref>{{cite web|url=https://www.aljazeera.com/news/2023/6/7/malaysia-wins-decisive-victory-in-row-with-sulu-sultans-heirs|title=Malaysia hails 'victory' in row with Sulu sultan's Filipino heirs|work=Al Jazeera|date=7 June 2023|access-date=9 February 2024}}</ref> The heirs did not accept this offer and the case, led by Spanish arbiter [[Gonzalo Stampa]], continued without Malaysia being involved. In February 2022, Gonzalo Stampa awarded US$14.9 billion to the Sultan of Sulu's heirs, who then attempted to enforce the award against Malaysian state-owned assets around the world.<ref>{{cite news|url=https://www.scmp.com/news/asia/southeast-asia/article/3247720/spanish-court-convicts-arbitrator-who-awarded-us15-billion-sultan-sulus-heirs-malaysia-land-feud|title=Spain convicts mediator who awarded sultan's heirs billions in Malaysia land feud|agency=Reuters|via=South China Morning Post|date=9 January 2024|access-date=9 February 2024}}</ref> It is noteworthy that on 27 June 2023, the Hague Court of Appeal dismissed the Sulus' bid and ruled in favour of the Malaysian government, which hailed the decision as a "landmark victory".<ref>{{cite news|url=https://english.elpais.com/international/2023-06-24/sultan-of-jolo-case-someone-has-to-pay-for-all-this-we-will-claim-for-damages.html|title=Sultan of Jolo case: 'Someone has to pay for all this – we will claim for damages'|last=Miguel|first=Rafa de|work=El País|date=24 June 2023|access-date=9 February 2024}}</ref> In 2024 Stampa was convicted of contempt of court for "knowingly disobeying rulings and orders from the Madrid High Court of Justice", and sentenced to six months in prison.<ref>{{cite news|url=https://news.bloomberglaw.com/business-and-practice/arbitrators-guilty-verdict-puts-uk-funders-investment-at-risk|title=Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk|last=R. Siegel|first=Emily|work=Bloomberg Law|date=9 January 2024|access-date=9 February 2024}}</ref> On 3 October 2024, Malaysia's Federal Court upheld the death sentences of seven Filipino men involved in the 2013 Lahad Datu invasion, which had resulted in the deaths of nine Malaysian security personnel.<ref>{{cite news|url=https://www.malaymail.com/news/malaysia/2024/10/02/final-verdict-federal-court-upholds-death-sentences-for-seven-filipinos-in-lahad-datu-incursion-case/152330|title=Final verdict: Federal Court upholds death sentences for seven Filipinos in Lahad Datu incursion case|work=Malay Mail|date=2 October 2024|access-date=5 October 2024}}</ref> The ruling was seen as a step toward ensuring justice and strengthening national security in Malaysia.<ref>{{cite news|url=https://www.malaymail.com/news/malaysia/2024/10/03/azalina-justifies-death-sentence-for-seven-sulu-terrorists-says-penalty-for-local-lahad-datu-traitors-to-be-known-after-french-court-ruling-in-nov/152411|title=Azalina justifies death sentence for seven Sulu 'terrorists'; says penalty for local Lahad Datu 'traitors' to be known after French court ruling in Nov|agency=Bernama|via=Malay Mail|date=3 October 2024|access-date=5 October 2024}}</ref>

On 7 November 2024, the French Court of Cassation—the highest court in the French judicial system—annulled a $15 billion arbitration ruling against Malaysia.<ref name="trib">{{cite web|url=https://www.latribune.fr/supplement/la-tribune-now/un-jugement-historique-inaugure-une-nouvelle-ere-de-progres-pour-les-tribunaux-europeens-1011299.html|title=Un Jugement historique inaugure une nouvelle ère de progrès pour les tribunaux européens|trans-title=Landmark judgment ushers in new era of progress for European courts|language=fr|work=La Tribune|date=13 November 2024|access-date=19 December 2024}}</ref> This decision marked a significant legal victory for Malaysia and reinforced its sovereignty in a dispute with the self-proclaimed Sulu heirs.<ref name="trib"/> The ruling highlighted irregularities in the arbitration process led by [[Gonzalo Stampa]] and raised concerns about practices such as forum shopping and unregulated litigation funding in European courts.<ref>{{cite web|url=https://natlawreview.com/article/french-supreme-court-track-annul-us15-billion-award-against-malaysia|title=French Supreme Court on Track to Annul a US$15 Billion Award against Malaysia|last=Trouyet|first=Ilona|work=The National Law Reviews|date=9 December 2024|access-date=19 December 2024}}</ref><ref name="$15B arbitration case">{{cite web|url=https://www.law360.com/articles/2257972/malaysia-wins-15b-arbitration-case-against-sulu-heirs|title=Malaysia Wins $15B Arbitration Case Against Sulu Heirs|last=Crowley|first=Lucia Osborne|work=Law360®|date=7 November 2024|access-date=19 December 2024}}</ref> The French court's decision was deemed a significant "win" for Malaysia that effectively marked the end of the Sulu case by several publications, including Law.com and [[Law360]].<ref name="$15B arbitration case"/><ref>{{cite web|url=https://www.law.com/international-edition/2024/11/11/french-high-court-rejects-sultanate-heirs-15-billion-claim-against-malaysia/?slreturn=20241219121833|title=French High Court Rejects Sultanate 'Heirs' $15 Billion Claim Against Malaysia|last=Mitchell|first=Rick|website=Law.com International|date=11 November 2024|access-date=19 December 2024}}</ref> [[Keith Ellison]], former vice-chairman of the Democratic National Committee and [[Attorney General of Minnesota|Minnesota attorney general]], pointed out that the case highlighted the enormous scope for "corruption", irresponsible profiteering, and foreign influence operations to subvert arbitration proceedings".<ref>{{cite web|url=https://42mag.fr/2024/10/limpasse-politique-de-la-france-sera-le-plus-grand-cadeau-pour-poutine-a-ce-jour/|title=L'impasse politique de la France sera le plus grand cadeau pour Poutine à ce jour|trans-title=France's political impasse will be Putin's biggest gift yet|last=Bensoussan|first=David|language=fr|work=42mag.fr|date=1 October 2024|access-date=19 December 2024}}</ref>

Following Malaysia's legal victory in the French Court, [[Paul Cohen (lawyer)|Paul Cohen]] argued that the ruling allows the Sulu heirs to lease Sabah to other nations, such as China and the Philippines. Cohen also suggested that accepting the French court's decision implies recognition of the Sulu Sultanate descendants' sovereignty over Sabah, which Malaysia disputes.<ref>{{cite web|url=https://www.nst.com.my/news/nation/2024/11/1133203/heirs-now-free-lease-sabah-china-philippines-says-lawyer|title='Heirs' now free to lease Sabah to China, Philippines, says lawyer|last=Andres|first=Leslie|work=New Straits Times|date=12 November 2024|access-date=19 December 2024}}</ref> In response, Malaysia's [[Minister in the Prime Minister's Department|Minister of Law and Institutional Reform]] in the Prime Minister Department, [[Azalina Othman Said|Azalina Othman]] dismissed Cohen's statements as baseless and reaffirmed Sabah's status as part of Malaysia, citing historical and legal foundations such as the Cobbold Commission and the 1963 referendum.<ref>{{cite news|url=https://www.nst.com.my/news/nation/2024/11/1133821/azalina-sulu-heirs-go-ahead-and-try-leasing-sabah-other-countries-watch|title=Azalina to Sulu 'heirs': Go ahead and try 'leasing' Sabah to other countries [WATCH]|last1=Hakim|first1=Luqman|last2=Syahira|first2=Amisha|work=New Straits Times|date=13 November 2024|access-date=19 December 2024}}</ref> The Philippine claim can be originated based on three historical events; such as the Brunei Civil War from 1660 until 1673, treaty between [[Dutch East Indies]] and the [[Bulungan Sultanate]] in 1850 and treaty between Sultan [[Jamal ul-Azam]] with Overbeck in 1878.<ref name="myph" /><ref name="SullivanLeong1981">{{cite book |author1=Anwar Sullivan |author2=Cecilia Leong |title=Commemorative History of Sabah, 1881–1981 |url=https://books.google.com/books?id=RNgLAAAAIAAJ |year=1981 |publisher=Sabah State Government, Centenary Publications Committee}}</ref>

Further attempts by several Filipino politicians such as Ferdinand Marcos to "destabilise" Sabah proved to be futile and led to the [[Jabidah massacre]] in [[Corregidor Island]], Philippines.<ref name="Chin1983"/><ref>{{cite news |url=https://news.google.com/newspapers?nid=2479&dat=20000402&id=P1M1AAAAIBAJ&pg=2032,892348&hl=en |title=Marcos order: Destabilize, take Sabah |newspaper=[[Philippine Daily Inquirer]] |date=2 April 2000 |access-date=19 June 2015}}</ref> As a consequence, this led the Malaysian government to once supporting the [[Moro conflict in the Philippines|insurgency in southern Philippines]].<ref name="hts">{{cite news |url=https://www.bbc.com/news/world-asia-21545162 |title=How do you solve a problem like Sabah? |author=Kate McGeown |work=[[BBC News]] |date=24 February 2013 |access-date=13 July 2016 |archive-url=https://web.archive.org/web/20160713020401/http://www.bbc.com/news/world-asia-21545162 |archive-date=13 July 2016 }}</ref><ref>{{cite news |url=http://news.bbc.co.uk/2/hi/asia-pacific/1673857.stm |title=Philippines rebel leader arrested |work=BBC News |date=25 November 2001 |access-date=26 September 2015 |quote=Malaysia's Inspector-General of Police Norian Mai said Mr Misuari and six of his followers were arrested at 3.30&nbsp;am on Saturday (1930 GMT Friday) on Jampiras island off Sabah state. Manila had ordered his arrest on charges of instigating a rebellion after the government suspended his governorship of an autonomous Muslim region in Mindanao, the ARMM. Although the Philippines has no extradition treaty with Malaysia, the authorities have already made clear that they intend to hand Mr Misuari over to the authorities in Manila as soon as possible. Malaysian Prime Minister Mahathir Mohamad had said before the arrest that, although his country had provided support to the rebel group in the past in its bid for autonomy, Mr Misuari had not used his powers correctly. "Therefore, we no longer feel responsible to provide him with any assistance," he said. |archive-url=https://web.archive.org/web/20150926005935/http://news.bbc.co.uk/2/hi/asia-pacific/1673857.stm |archive-date=26 September 2015 }}</ref> Although the Philippine claim to Sabah has not been actively pursued for some years, some Filipino politicians have promised to bring it up again,<ref>{{cite news |url=http://www.philstar.com/headlines/2016/02/27/1557213/binay-pursue-territorial-claim-sabah-if-elected |title=Binay to pursue territorial claim to Sabah if elected |author1=Helen Flores |author2=Alexis Romero |newspaper=[[The Philippine Star]] |date=27 February 2016 |access-date=25 March 2016 |archive-url=https://web.archive.org/web/20160325101019/http://www.philstar.com/headlines/2016/02/27/1557213/binay-pursue-territorial-claim-sabah-if-elected |archive-date=25 March 2016 }}<br />{{*}} {{cite news |url=http://www.mb.com.ph/ph-to-assert-claims-over-spratlys-sabah-duterte/ |title=PH to assert claims over Spratlys, Sabah – Duterte |author=Ricky Nazareno |newspaper=[[Manila Bulletin]] |date=27 May 2016 |access-date=27 May 2016 |archive-url=https://web.archive.org/web/20160527043655/http://www.mb.com.ph/ph-to-assert-claims-over-spratlys-sabah-duterte/ |archive-date=27 May 2016 }}<br />{{*}} {{cite news |url=http://www.themalaymailonline.com/malaysia/article/citing-militant-threats-on-sabah-bn-mp-tells-putrajaya-to-cut-diplomatic-ti |title=Citing militant threats on Sabah, BN MP tells Putrajaya to cut diplomatic ties to Manila |author=Yiswaree Palansamy |newspaper=[[The Malay Mail]] |date=15 March 2016 |access-date=25 March 2016 |archive-url=https://web.archive.org/web/20160325100426/http://www.themalaymailonline.com/malaysia/article/citing-militant-threats-on-sabah-bn-mp-tells-putrajaya-to-cut-diplomatic-ti |archive-date=25 March 2016 }}</ref> while the Malaysian government have asked the Philippines not to [[Malaysia–Philippines relations|threaten ties]] over such issue.<ref>{{cite web |url=http://www.channelnewsasia.com/news/asiapacific/malaysia-asks-philippines/2565596.html |title=Malaysia asks Philippines not to threaten ties over Sabah claim |author=Sumisha Naidu |publisher=[[Channel NewsAsia]] |date=2 March 2016 |access-date=25 March 2016 |archive-url=https://web.archive.org/web/20160325095839/http://www.channelnewsasia.com/news/asiapacific/malaysia-asks-philippines/2565596.html |archive-date=25 March 2016 }}</ref> To further discourage pursuit of the claim the Malaysian government passed a [[barter]] trade ban, at the behest of the [[Royal Malaysia Police]] and the [[Deputy Prime Minister of Malaysia|Malaysian Deputy Prime Minister]], between Malaysia and the Philippines as it was seen to only benefit one side while threatening the security of the state.<ref>{{cite web |url=http://lpps.sabah.gov.my/?q=content/police-propose-banning-barter-trade-sabah |title=Police to propose banning barter trade in Sabah |work=Bernama |publisher=Sabah Ports Authority |access-date=16 May 2016 |archive-url=https://web.archive.org/web/20160516051623/http://lpps.sabah.gov.my/?q=content%2Fpolice-propose-banning-barter-trade-sabah |archive-date=16 May 2016 }}</ref><ref>{{cite web |url=http://www.thesundaily.my/node/358704 |title=Review barter system between Sabah and southern Philippines: Ahmad Zahid |work=Bernama |publisher=The Sun |date=3 April 2016 |access-date=16 May 2016 |archive-url=https://web.archive.org/web/20160516052232/http://www.thesundaily.my/node/358704 |archive-date=16 May 2016 }}</ref> The ban was positively received by many Sabahans, although there was opposition from [[Opposition (Malaysia)|other political parties]] as well as from the residents of neighbouring Philippine islands due to a sharp rise in living costs after the ban took effect.<ref>{{*}} {{cite web |url=https://dfa.gov.ph/index.php/newsroom/phl-embassies-and-consulates-news/6333-basilan-officials-urge-closer-mindanao-sabah-relations-expresses-concern-on-proposed-barter-trade-ban |title=Basilan officials urge closer Mindanao-Sabah relations, expresses concern on proposed barter trade ban |publisher=Department of Foreign Affairs, Philippines |date=1 June 2015 |access-date=16 May 2016 |archive-url=https://web.archive.org/web/20160516043847/https://dfa.gov.ph/index.php/newsroom/phl-embassies-and-consulates-news/6333-basilan-officials-urge-closer-mindanao-sabah-relations-expresses-concern-on-proposed-barter-trade-ban |archive-date=16 May 2016 }}<br />{{*}} {{cite news |url=http://www.straitstimes.com/asia/se-asia/sabah-closes-eastern-borders-to-stop-kidnapping-menace |title=Sabah closes eastern borders to stop kidnapping menace |newspaper=[[The Straits Times]] |date=7 April 2016 |access-date=16 May 2016 |archive-url=https://web.archive.org/web/20160516044223/http://www.straitstimes.com/asia/se-asia/sabah-closes-eastern-borders-to-stop-kidnapping-menace |archive-date=16 May 2016 }}<br />{{*}} {{cite web |url=http://borneobulletin.com.bn/tawau-residents-support-directive-to-stop-barter-trade-in-sabah/ |title=Tawau residents support directive to stop barter trade in Sabah |work=Bernama |publisher=[[Borneo Bulletin]] |date=13 April 2016 |access-date=19 May 2016 |archive-url=https://web.archive.org/web/20160519053824/http://borneobulletin.com.bn/tawau-residents-support-directive-to-stop-barter-trade-in-sabah/ |archive-date=19 May 2016 }}<br />{{*}} {{cite news |url=http://www.theborneopost.com/2016/04/20/barter-trade-ban-hotly-debated/ |title=Barter trade ban hotly debated |author1=Nancy Lai |author2=Murib Morpi |author3=Jenne Lajiun |newspaper=The Borneo Post |date=20 April 2016 |access-date=16 May 2016 |archive-url=https://web.archive.org/web/20160516044011/http://www.theborneopost.com/2016/04/20/barter-trade-ban-hotly-debated/ |archive-date=16 May 2016 }}</ref> Barter trade activity was resumed on 1 February 2017 upon the agreement by both Malaysian and the Philippine authorities to fortify their respective borders with increased surveillance and security enforcement.<ref name="economy resumed">{{cite web |url=http://www.thestar.com.my/news/nation/2017/01/17/sabah-barter-agreement/ |title=Sabah to lift barter trade ban in east coast from Feb 1 |author=Ruben Sario |work=The Star |date=17 January 2017 |access-date=1 February 2017}}</ref><ref>{{cite web |url=http://www.mindanews.com/top-stories/2017/01/cross-border-trade-between-malaysia-and-armms-island-provinces-to-reopen-on-feb-1/ |title=Cross border trade between Malaysia and ARMM's island provinces to reopen on Feb. 1 |author=Antonio L. Colina IV |publisher=Minda News |date=25 January 2017 |access-date=1 February 2017 |archive-url=https://web.archive.org/web/20170201050252/http://www.mindanews.com/top-stories/2017/01/cross-border-trade-between-malaysia-and-armms-island-provinces-to-reopen-on-feb-1/ |archive-date=1 February 2017 }}</ref> Despite the return of barter trade activity, the state of Sabah maintained that they will remain vigilant in trading with the Philippines.<ref>{{cite web |url=http://m.themalaymailonline.com/malaysia/article/sabah-trades-cautiously-with-the-philippines-due-to-security-situation |title=Sabah trades cautiously with the Philippines due to security situation |work=Bernama |publisher=The Malay Mail |date=4 June 2017 |access-date=6 June 2017 |archive-date=20 September 2017 |archive-url=https://web.archive.org/web/20170920000425/http://m.themalaymailonline.com/malaysia/article/sabah-trades-cautiously-with-the-philippines-due-to-security-situation }}</ref> In 2016, Philippine President [[Rodrigo Duterte]] and Malaysian Prime Minister [[Najib Razak]] have agreed to set aside the two countries' dispute over Sabah for the meantime.<ref>{{cite web |url=http://news.abs-cbn.com/news/11/10/16/ph-malaysia-put-sabah-dispute-on-back-burner |title=PH, Malaysia put Sabah dispute on 'back burner' |author=Doris Bigornia |publisher=ABS-CBN News |date=10 November 2016 |access-date=9 June 2017}}</ref>