2013 Lahad Datu standoff

2013 Lahad Datu standoff
Part of the North Borneo dispute and Cross border attacks in Sabah
The entrance to the first site of the standoff in Kampung Tanduo which has now been transformed into a Malaysian Army camp. The signboard translated as this, "Welcome to the Tanduo Village Camp. Caution! You have entered a military camp, please maintain your discipline!".
Location map of the standoff.
Date11 February 2013 – 24 March 2013[1]
(1 month, 1 week and 6 days)
LocationTanduo, Lahad Datu, Semporna, Kunak and Tawau in eastern Sabah
Result

Decisive Malaysian victory.[2]

Belligerents
Sulu Sultanate Sultanate of Sulu (Jamalul Kiram III's faction)
Filipino illegal immigrants (Non-Combative)[5]

 Malaysia
Sabah Sabahan local villagers[8][9][10]

Philippines Philippines (supporter)[note 1][11]
Commanders and leaders
Jamalul Kiram III
Agbimuddin Kiram

Sultan Abdul Halim
Najib Razak
Hishammuddin
Zahid Hamidi
Ismail Omar
Zulkifeli Mohd. Zin
Musa Aman

Benigno Aquino III[note 1][11]
Units involved
Royal Forces of the Sultanate of Sulu and North Borneo[12]

Malaysian Armed Forces

Royal Malaysia Police

Supported elements:

Philippine Navy[note 1][13]
Strength

235 (Filipino media)[14][15]

400 (Kiram claimed)[16][17]		 6,500+ (7 battalions)
Casualties and losses
  • 56 killed
  • 3 wounded
  • 149 captured
  • 10 killed (1 non-combat casualty)[note 2]
  • 12 wounded

All statistics reference:[1][18][19][20]

Note: All these total only during the standoff and does not include the total in any further actions.

The 2013 Lahad Datu standoff was a military conflict that started on 11 February 2013 and ended on 24 March 2013.[1] The standoff arose after 235 militants, some of whom were armed,[14] arrived by boats in Lahad Datu, Sabah, Malaysia from Simunul island, Tawi-Tawi, in the southern Philippines, on 11 February 2013.[12][21][22] The group, calling themselves the "Royal Security Forces of the Sultanate of Sulu and North Borneo",[12] was sent by Jamalul Kiram III, one of the claimants to the throne of the Sultanate of Sulu.

Kiram III stated that their objective was to assert the unresolved territorial claim of the Philippines to eastern Sabah (the former North Borneo).[23] Malaysian security forces surrounded the village of Tanduo in Lahad Datu where the group had gathered and, after several weeks of negotiations and unmet deadlines for the intruders to withdraw, the Malaysian security forces attacked and routed the Sulu militants. At the end of the standoff, around 56 militants were killed together with 6 civilians and 10 Malaysian security forces.

Background

National territorial dispute

The Philippines retains a dormant territorial claim to eastern Sabah, formerly known as North Borneo, through the heritage of the Sultanate of Sulu.[22][24] The basis of this claim is that the dominion of the sultanate has historically spanned from the Sulu Archipelago into parts of northern Borneo. In line with International Court of Justice court decision in the case concerning sovereignty of Pulau Ligitan and Pulau Sipadan in 2002,[25] Malaysia views that Sultan of Sulu indisputably relinquished the sovereign rights of all its possession in favour of Spain on 22 July 1878, hence losing any title to its claim of Sabah.[26][27]

It is acknowledged that a request for payment to the defunct-Sultanate of Sulu was revived by the Philippine government during a meeting of Maphilindo in 1963.[28] The Philippine government at the time said they have no problem with the formation of Malaysia but said the Sultan of Sulu wanted the payment of 5,000 from the Malaysian government. The first Malaysian Prime Minister at the time, Tunku Abdul Rahman said he would go back to Kuala Lumpur and get on the request.[28] Since then, the Malaysian embassy in the Philippines issues a cheque in the amount of 5,300 ringgit (US$1,710 or about 77,000 Philippine pesos) to the legal counsel of the heirs of the Sultan of Sulu every year in keeping with the terms. Malaysia considers the amount an annual cession payment for the disputed state, while the sultan’s descendants consider it as a “rent” payment.[29][30]

Sulu succession dispute

Another factor behind the standoff is the unresolved status of the Sultanate of Sulu. The Filipino group in Lahad Datu claims to represent Jamalul Kiram III as the Sultan of Sulu. However, his status as sultan is disputed by several other claimants.[31]

Initiation of the standoff

Heirs to the Sultanate of Sulu felt excluded by the terms of the framework of a peace deal between the Philippine government and the Moro Islamic Liberation Front, as announced on 7 October 2012 by Philippine president Benigno Aquino III. In response, Jamalul Kiram III, claiming to be the legitimate heir to the throne of Sulu, decreed on 11 November 2012 that a civilian and military contingent should assert his territorial rights in North Borneo. He appointed his brother and Raja Muda ("heir apparent" or "crown prince"), Agbimuddin Kiram, to lead the group.[12][32]

Months later on 11 February 2013, Agbimuddin Kiram and at least 101 followers arrived in the village of Tanduo, located near Tungku in Lahad Datu District, Sabah from neighbouring Simunul island, Tawi-Tawi, of southern Philippines.[22] Around eighty people fled from 15 homes in Tanduo.[33]

Development of standoff

Malaysian police blockaded roads leading from Lahad Datu to the remote village of Tanduo, where the armed group was encircled. Malaysian police patrol boats also patrolled nearby waters. At the same time, Filipino security agencies blocked off entry from southern Philippines.[34] The Philippines also deployed six naval ships to the seas of Sulu and Tawi Tawi to help stabilise the situation.[13] An additional Philippine naval ship was sent to Malaysian waters off Lahad Datu to provide humanitarian assistance.[35]

Philippine President Benigno Aquino III in Malacañang Palace on 26 February 2013 urging Jamalul Kiram III to withdraw his followers in Sabah. Also in the picture are Justice Secretary Leila de Lima (left) and Interior and Local Government Secretary Manuel Roxas II (right).

On 26 February 2013, President Aquino appealed to Kiram III to recall his followers and to hold discussions with the government to address his family's concerns.[36] In a press conference held at Malacañang Palace, Aquino said that the longer Kiram’s III followers stay in Sabah, the more they endanger not just their own lives, but also those of the thousands of Filipinos living and working there. Addressing Kiram III, he said, "It must be clear to you that this small group of people will not succeed in addressing your grievances, and that there is no way that force can achieve your aims".[37] Aquino also reminded him that as a Filipino citizen, he is bound by the Constitution of the Philippines and its laws. The president said that he had ordered an investigation into possible violations of laws by Kiram III, his followers and collaborators, citing the Constitution's provision on renouncing war as an instrument of national policy and Article 118 of the Revised Penal Code, which punishes those who "provoke or give occasion for a war...or expose Filipino citizens to reprisals on their persons or property".[37] He said a dialogue to address the country's territorial dispute to eastern Sabah could be arranged after those involved in the standoff came home immediately. Aquino also declined to confirm reports of other parties being allegedly behind the standoff to sabotage the Bangsamoro peace process.[36][38] The statement by President Aquino was also supported by Senator Francis Pangilinan who urged Kiram III to put an end to the standoff in Sabah. In a statement, he said:

This standoff has reached a critical point where the Philippine government must now act decisively and do what is necessary to protect the general interest of the Filipino people. Kiram is essentially declaring war on Malaysia. He must understand that it has never been a policy of the Philippines to take on other countries by force. Regardless of Sulu's rightful claim to Sabah, an armed invasion will unlikely lead to an amicable resolution. This has come at a time when we are so close to achieving lasting peace with our brothers from the South. Malaysia has played a crucial role in brokering talks between the Philippine government and our Muslim brothers in Mindanao. We cannot afford to have a wedge between our country and Malaysia because of one person's whim.[39]
— Philippine Senator, Francis Pangilinan.

Kiram III remained defiant, despite a warning of arrest, and said his men would not go back home “until an arrangement has been done by our officials and the president, and if that will be arranged accordingly with a written agreement signed by the parties concerned”. He shared that in his last conversation with Agbimuddin over the phone, his brother told him that their followers were firm in their decision to stay in Sabah even though they have little access to food as a result of the food blockade ordered by the Malaysian government.[40] The 74-year-old sultan said he was ready to be jailed if the Philippine government filed a case against him and the members of his clan. He said he cannot understand what his violation against the Constitution is, saying he has always respected it and that "coming home to their homeland" is not a crime. Kiram III also asked Malaysia to "sit down in a square table and to diplomatically settle the issue on the claim" stressing the need to "come up with a win-win solution". He reiterated that he and his men “will not initiate the violence… But are prepared to defend our lives and aspirations” and that the Sabah issue “can be peacefully settled without threat, but in a diplomatic way”.[40] Sitti Jacel, the daughter of Kiram III, said her father's followers were not in Lahad Datu to wage war but to reside peacefully on what they call their ancestral territory. She added that they would not leave unless they are given a "concrete solution". She also expressed disappointment at the apparent lack of support from the Philippine government, adding that Manila needs to balance diplomatic relations and the interests of its constituents.[41]

Philippines Secretary of Foreign Affairs meet with the Malaysian Foreign Minister and the Defence Minister to discuss peacefully on how to resolve the incident.

Malaysian Deputy Inspector-General of Police Khalid Abu Bakar advised the public not to be worried, and assured that the standoff would be resolved as soon as possible. He added that the incident was being handled as a national security issue. He also declined to comment on whether there are ongoing negotiations with the group of Kiram III.[42] On 7 March 2013, the Malaysian Foreign Ministry issued a statement that said it now considered Kiram's III forces as a group of terrorists "following their atrocities and brutalities committed in the killing of Malaysia’s security personnel". It added that the label had the concurrence of Philippine Foreign Affairs Secretary Albert Del Rosario.[43] However, this was denied by the Philippine Ambassador to Malaysia, Jose Eduardo Malaya, who said Del Rosario was "taken out of context". It was clarified that Del Rosario agreed that those responsible for the killing of Malaysian police forces committed "terroristic acts".[44]

Military operations

Timeline of attacks

1 March:

  • 10:15 – First shootout between the sultanate's forces and the police at the Tanduo village, two police officers and 12 sultanate's men killed.

3 March:

  • 6:30 – Ambushed at the Semporna, killing six police officers and six terrorists also killed.

5 March:

  • – Military and police begun mopping-up operations codenamed "Ops Daulat".

11 March:

  • – Security forces end the siege on the Tanduo village.

24 March:

  • – Operation Daulat ended.

29 June:

  • – Eastern Sabah Security Command (ESSCOM) put in place security arrangements and undertake operations on the Ops Daulat area.
All times are CET (UTC+1).

1 March skirmish

One of the location where the shootout took place on a palm oil plantation, today the site had been transformed into a Malaysian Army controlled station.

At around 10:15 am on 1 March 2013, three days after Malaysia's extended deadline for the group to leave Lahad Datu, a confrontation occurred between the sultanate's forces and the Malaysian police, with shots exchanged. According to Abraham Idjirani, Kiram's spokesperson, 10 members of their army were killed with four more injured as a result of the skirmish.[45] There were also two casualties among the Malaysian police officers. The owner of the house where Agbimuddin Kiram and his men had stayed was also killed in the exchange of gunfire.[46][47] Malaysian Home Minister Hishammuddin Hussein claimed that Kiram's men opened fire and denied that their security forces retaliated.[48]

Initial reports from the Malaysian embassy in the Philippines had stated that there were no fatalities in the shooting.[49] Ambassador Mohammad Zamri bin Mohammad Kassim told Philippine Foreign Affairs Secretary Albert Del Rosario that the "standoff was over" and that 10 "royal army" members had surrendered to Malaysian authorities after the assault. He added that members of Kiram's group had escaped and ran towards the sea. He said a pursuit for them ensued.[47] Idjirani responded that none of their members were in Malaysian custody after the shooting incident. He also denied that their forces fled to the sea after their clash with the police. He said “the standoff is not over, unless there’s a concrete understanding or agreement that can be reached" between the sultanate and the governments of Malaysia and the Philippines.[50]

Idjirani claimed that Malaysian officials wanted "to cover up the truth" when they claimed that no one was hurt in the incident. He also appealed to the Malaysian government to stop the attack, saying Kiram's men were primarily armed only with bolos and knives and only a few had guns.[45] He also claimed that snipers from the Malaysian police were targeting their group. He added that the sultanate is now looking at the possibility of elevating the matter to the Organisation of Islamic Cooperation and the United Nations Human Rights Commission.[49] He also said that their men had moved to another location to continue their fight and urged Malaysia to hold talks.[46]

Sabah Police Commissioner Hamza Taib meanwhile said no one from Kiram's followers surrendered to Malaysian authorities. He added that 12 men from Kiram's group were killed when they tried to break out of the security cordon imposed by Malaysian security forces. Hamza claimed that the Filipinos opened fire at the Malaysian police before they were forced to retaliate in self-defence, resulting in a gun battle. He said they found various weapons, including the high-powered M16 rifles, pistols and SLR rifles and ammunition from the group. Hamza also denied reports from a foreign news agency that the gunmen had given themselves up and escaped to the sea. He said Agbimuddin’s group were still in Tanduo and that the security cordon was being maintained because Malaysia wants the occupation to be resolved peacefully.[51]

Malaysian Prime Minister Najib Razak later confirmed that two police officers, identified as Inspector Zulkifli Bin Mamat and Corporal Sabaruddin Bin Daud from 69 Commandos, were killed in the shootout. The Sabah police commissioner, in a separate statement, said that 12 of Kiram's followers died.[52] Najib said he had now given Malaysian security forces a mandate to take "any action" against the group.[46] Najib added that "there will be no compromise" for the sultanate's forces and that "either they surrender or face the consequences”.[53]

Presence of armed men in Kunak

On 2 March 2013, a group of 10 armed men were spotted near Kunak, a town between Lahad Datu and Semporna, according to Royal Malaysia Police Inspector-General Ismail Omar. He said that three of these men were in military fatigues similar to those being worn by the sultanate's forces.[54] The Malaysian government began doubling the number of police and army officers, including deploying members of the Royal Malay Regiment, in areas where the sultanate's armed supporters were believed to be present.[55]

Semporna attack

At around 6:30 am on 3 March 2013, armed gunmen believed to be less than 10 in number claiming to be from the Sulu Sultanate ambushed the police during a surveillance operation on a village off the coast of Semporna, Sabah. The Bukit Aman special branch superintendent and four operatives died in the action. At 9 a.m., it emerged that the police party remained trapped in the village surrounded by the attackers. The superintendent had led three dozen policemen, from the Semporna District Police Headquarters, after having been ordered to carry out an investigation at the village following a tip-off that there was a group of armed men at Kampung Sri Jaya Siminul in Semporna.[56] The operation in Semporna was launched at 4 pm on Saturday following intelligence reports of the existence of a cache of firearms in the village, and that an uprising by certain groups of villagers believed to be of Southern Philippines origin and residing there was in the making.[57]

About three hours into the operation, the police officers were fired upon while heading towards a house in the village and returned fire. The superintendent was reportedly the first to be hit and killed during the ambush.[56] Sabah police commissioner DCP Datuk Hamza Taib had said on Saturday the attack may not be related to the Kampung Tanduo standoff. During the ambush, two armed gunmen were also killed.[58] Idjirani, the secretary-general of Sultan Kiram III, said the violence started when Malaysian policemen pretending to round up undocumented Filipinos shot Imam Maas and his four sons. Another imam was allegedly shot when Malaysian authorities learned that they were taking care of the sultan’s relatives in the area, Alianapia and Amir Bahar.[59] Subsequent police investigations and interviews with the village head, Ramlee Saraman, found that Kampung Simunul, Semporna, had been infiltrated by the Sulu intruders who mingled with the unsuspecting inhabitants, one of whom was regarded as an 'imam' despite a lack of accreditation.[60] It was earlier reported that the intruders had planned to attack Lahad Datu police station and that both Lahad Datu and Tawau Police Special Investigation Divisions had been deployed to the scene.[57]

During the shootout, a total of 23 police officers were pronounced missing. While captive, four policemen were tortured and had their bodies mutilated, with one beheaded, according to Malaysian authorities, who later found the bodies.[61] The mutilated condition of these bodies led the major Malay-language newspaper Utusan Malaysia to allege the influence of drugs or black magic.[62] Reports came out that a total of six Malaysian police officers and seven assailants were killed in Semporna. Six of the attackers were fatally shot while ambushing Malaysian police while another was beaten to death by villagers after he tried to take a hostage, says Sabah's head of police.[63][64]

Operation Daulat

An American-made F/A-18, one of the jet fighters used by the Royal Malaysian Air Force during the operation.
Malaysian Army URO VAMTAC present in a town near the conflict area.

On 5 March 2013, Royal Malaysian Air Force fighter jets, reported as F/A-18 and Hawk fighters, bombed Kiram followers hide-out.[65][66][67] Continuous explosions were being heard in Lahad Datu as the police and army as well as commando forces moved in against the gunmen who were reportedly returning fire.[68] In a Kuala Lumpur rally, Prime Minister Najib said, "We started with air strike by jet fighters of Royal Malaysian Air Forces, followed by mortar strike; and as I'm speaking, the army and police forces, along with other members (of the security forces) following behind, are taking action to arrest and destroy the group which has breached the nation's sovereignty".[67]

According to IGP Ismail Omar and other police sources, the army and police have begun mopping-up operations codenamed "Ops Sulu" now "Ops Daulat" (Operation Sovereignty).[69][70] It is believed that rebel leader Agbimuddin Kiram and several of his followers have managed to escaped the security cordon around Kampung Tanduo. The search for these men is being carried out by the joint Malaysian police and army taskforce in the surrounding farmland and FELDA plantations.[71][72] The Malaysian troops recovered 13 bodies of suspected Kiram followers in Felda Sahabat. Malaysian Defence Minister Zahid Hamidi was unsure on whether the deaths were due to the assault on Semporna or from Lahad Datu.[73]

On 9 March 2013, Malaysian Home Minister Hishammuddin Hussein said that "Ops Daulat", which aimed to flush out the Sulu gunmen, will end only when none of the intruders are left in Sabah because the gunmen have not laid down their arms unconditionally.[74] The Malaysian security forces have maintained tight security cordon around the operation area and those with no documents such as MyKad, are detained for further investigation.[75][76]

Malaysian officers pay their respects to fallen comrades, Private Ahmad Hurairah Ismail and Private Ahmad Farhan Ruslan at Subang Air Force Base.

Tanduo village was declared secured by Malaysian security forces on 11 March after a week of bombardments and firefights with the bodies of 22 Sulu gunmen recovered by security forces from the village as the fighting ended. Meanwhile, the security forces are currently in the final stages of sweeping a neighbouring village in which a firefight in the area left a Malaysian army soldier, Private Ahmad Hurairah Ismail killed along with three Sulu gunmens.[77][78] Another soldier, Private Ahmad Farhan Ruslan was also killed in a road accident near Bandar Cendera-Wasih in the Felda Sahabat area en route from the town of Lahad Datu. The soldier was believed to be part of an army logistics convoy and that he was a passenger in one of the convoy's trucks.[79]

The clash ended on 24 March while the Operation Daulat ended and replaced by the Eastern Sabah Security Command (ESSCOM) on 29 June.[1][3] Sabah Chief Minister, Datuk Seri Musa Aman said ESSCOM was now responsible to put in place security arrangements and undertake operations on the Ops Daulat area.[3] The zone would covering all operations from northern Kudat to south-eastern Tawau to ensure Sabah's eastern sea borders are safe from any threats.[3]

Related incidents

Defacement of Malaysian and Philippine websites

On 3 March 2013, the website of Globe Telecom was defaced by hackers claiming to be from the "MALAYSIA Cyb3r 4rmy".[80] The group left the message, "Do not invade our country or you will suffer the consequences".[80] Global Telecom confirmed its own website had been hacked but assured the public that no sensitive information was stolen. The website was restored at around noon the same day.

In apparent retaliation, hackers identifying themselves as from Anonymous Philippines, attacked several Malaysian websites. They warned Malaysia to "Stop attacking our cyber space! Or else we will attack your cyber world!"[81] The website of Stamford College in Malaysia was also hacked with its front page replaced by a note that said: "The time has come to reclaim what is truly ours. Sabah is owned by the Philippines, you illegally [sic] claiming it".[82]

Google search results alteration

On 4 March 2013, a Google search for the word "Sabah" reflected a cached version of the territory's Wikipedia article. It said the Malaysian control of the state is "illegitimate" and that "in fact, [Sabah] is part of the Sultanate of Sulu". A spokesman for Google Malaysia said they have already been informed of the issue.[82][83]

Protests at Malaysian embassy

Some 20 Filipinos organised a protest in front of the Malaysian embassy in Makati on 5 March 2013. They called for an end to the violence in Sabah, while some expressed support for the cause of Kiram. At least 50 policemen and a fire truck were deployed in the area. The Malaysian embassy later suspended its operations as a result of the protest.[84]

Allegations of political motives behind the conflict

Malaysian Prime Minister, Najib Razak, wants to investigate the opposition leader, Anwar Ibrahim, if he was involved in the incident to destabilise the state, which is known to be the ruling party's stronghold for the upcoming 13th general election. This began after Filipino media reported that Mr. Anwar may be involved with the incursion and the evidence of an image showing the opposition leader with Nur Misuari of MNLF began circulating on the internet.[85][86] Concurrently, Anwar has embarked legal proceedings against government-owned newspaper Utusan Malaysia and television station TV3 for trying to link him to the incursions.[87][88] Meanwhile, Malaysian People's Justice Party (PKR) vice-president Tian Chua claimed that the ruling United Malays National Organisation (UMNO) had deliberately orchestrated the crisis as a conspiracy to divert and frighten the people of Sabah in favour of the ruling coalition.[89] The allegations made by Tian Chua was met with an outcry by the Malaysian public; there are various calls from the public and many key political personalities such as Ambiga Sreenevasan and Saifuddin Abdullah for both political parties to forge an unprecedented bi-partisan ties to settle the issue.

On the eve of its 2013 general election, Filipino senatorial candidates from the opposition blamed president Benigno Aquino III for sending unclear messages to the Kiram family.[90] They also said that President Aquino III is in danger of facing an impeachment for "betrayal of public trust".[91] Meanwhile, President Aquino himself blamed unnamed members of the previous Gloria Macapagal-Arroyo government as conspirators to the current conflict; while Aquino did not name names due to lack of evidence on the alleged conspiracy, Kiram's daughter Princess Jacel challenged Aquino to prove such allegations. Former National Security Adviser Norberto Gonzales denied that he is the one being alluded by Aquino.[92] Jamalul Kiram III unsuccessfully ran for senator under Arroyo's TEAM Unity during the 2007 Senate Elections.

Utilisation of commercial aircraft by the Malaysian Army

On 5 March 2013, flights of AirAsia were rearranged in transporting Malaysian troops to Sabah. An online debate ensued on whether the move highlighted such patriotism of a Malaysian-based airline or the lack of resources of the military. Some Malaysians wondered why the government requested help from a commercial airline, instead of mobilising its own fleet of C-130 Hercules transport planes. Others lauded AirAsia for its efforts in assisting the armed forces.[93] This came despite the explanations provided by the Defence Ministry that the use of AirAsia jetliners is one that of expediency instead of incompetency on the part of the Armed Forces. The Malaysian defence minister, Zahid Hamidi, pointed out that each of the RMAF C-130 Hercules transport aircraft are only capable of carrying up to 90 soldiers each, while airliners of AirAsia are capable of transporting up to 200 soldiers each. The Malaysian Defence Ministry, reiterated by various netizens, also pointed out the fact that chartering civilian jetliners are also a common practice in other countries,[94] including those of NATO.[95]

Assembly at the Philippine embassy

On 8 March 2013, Malaysians held an assembly outside the Philippine embassy in Kuala Lumpur. The event, called Ops Bunga (Operation Flower), encouraged participants to place flowers at the embassy's doorstep as a show of the Malaysian public's solidarity towards Filipinos in Malaysia. Organisers also urged people to offer prayers to the Malaysian security officers who died in the conflict. Participants used the Twitter hashtag #OpsBunga during the event.[96]

Allegations of Police Brutality

On 10 March 2013, there have been reports of police brutality committed by Malaysian police officials as part of a crackdown on suspected Kiram III supporters, causing a mass migration of Filipinos from Sabah to Sulu.[97] One refugee stated that Malaysian police have shot and killed a large number of Filipino civilians regardless of having MyKad and detained many others. Also, it was stated that those detained were not given proper treatment[98] The DFA has yet to receive a formal statement from the Malaysian government.[99] A Royal Malaysian Police official has denied the allegations.

MNLF reactions to Police Brutality

An exclusive report by News5 showed that some Moro National Liberation Front (MNLF) members were undergoing training in Jolo, Sulu for a rescue mission for abused Filipinos in Sabah.[17] Former MNLF leader Nur Misuari has admitted that these MNLF members were not members or allied with the Royal Security Force of the Sulu sultanate.[17][100] However, the Sulu Province governor, Abdusakur Tan has denied any reports that says MNLF fighters under Nur Misuari were heading to Sabah, he also denied that 1,000 MNLF fighters were able to sneak into the state.[17] Also, according to MNLF Chairman, Muslimin Sema, they respect the decision of Sabah joined Malaysia in 1963.[101] He also said he had visited Sabah in 1973 and witnessed the joy that was enjoyed by the people of the state, adding that he also has many relatives in the state.[101]

Aftermath

Arrests and prosecutions

Since the Operation Daulat was launched, 443 individuals was held for various offences and 121 more under the Security Offences (Special Measures) Act 2012 (SOSMA), one of the successors to the Internal Security Act.[18][102] The total arrest under SOSMA later decrease to 104, with most of them are Filipinos who are suspected to have links with Jamalul Kiram III. These included several family members of Kiram III who had entered the state of Sabah using assumed identities.[103] 149 Sulu gunmen were also arrested and other eight gunmen charged under Section 121 of the Penal Code for waging war against the King, a charge which carries the death penalty in Malaysia.[1][104][105]

On 6 August 2013, the Kota Kinabalu High Court convicted Corporal Hassan Ali Basari, a Malaysian Special Branch officer for intentionally withholding information about the intrusion of Sulu gunmen at Lahad Datu between January and March 2013.[106] The Malaysian Special Branch is the country's main internal security and domestic intelligence agency. The prosecution successfully argued that Hassan's intention not to inform his superiors resulted in casualties and fatalities on the Malaysian side. Hassan was sentenced to seven years of imprisonment, the maximum jail term under Section 130M of the Penal Code, read with the Security Offences (Special Measures) Act.[107][108]

Death of the self-proclaimed Sulu Sultanate leader

On 20 October 2013, the group main leader, Jamalul Kiram III died of multiple organ failure in Simunul, Tawi-Tawi, Philippines.[109] His family stated that they will continue their main objective to take over Sabah.[110] The Royal Malaysia Police in Sabah responded by stating that they "would continue to be alert for any intrusion".[111]

On 13 January 2015, Agbimuddin Kiram - who led the group to invade Sabah under the instruction of the late Jamalul Kiram III - died of cardiac arrest in Tawi-Tawi where he had been in hiding since fleeing from Malaysian security forces.[15] Agbimuddin's whereabouts had been unknown until his death was announced.

Trial

The Prison Complex in Kepayan.

By 6 January 2014, the trial are opened for 30 peoples (27 which are Filipinos and the other three are Malaysians) who being prosecuted for various charges mainly with waging war against the King, harbouring of terrorists, being members of a terrorist group, and the recruiting of terrorists.[112][113] All proceedings later began at the Kota Kinabalu Central Prison in Kepayan and the charges been read out in English, Malay and Suluk language.[114] Among those being prosecuted is Jamalul Kiram III's nephew, Datu Amir Bahar Hushin Kiram, who abandoned his men in Tanduo and was caught by Malaysian security forces hiding in the swamps around Semporna.[113][114][115][116]

The high court in Kota Kinabalu.

On 5 February 2016, 19 of the 30 peoples were ordered to enter their defence in the High Court of Kota Kinabalu. Justice Stephen Chung made the ruling after finding that the prosecution had succeeded in establishing a prima facie case against 19 of the accused, comprising 16 Filipinos (including a woman, and three local men). Nine of the 16 Filipinos: Atik Hussin Abu Bakar, Basad H. Manuel, Ismail Yasin, Virgilio Nemar Patulada @ Mohammad Alam Patulada, Salib Akhmad Emali, Al Wazir Osman @ Abdul, Tani Lahaddahi, Julham Rashid and Datu Amir Bahar Hushin Kiram whose ordered to enter their defence are alleged to have waging war against the King, an offence which carries the death penalty to them.[117]

While six other Filipino who been accused being a members of terrorist group: Lin Mad Salleh, Holland Kalbi, Habil Suhaili, Timhar Hadir, Aiman Radie and a Malaysian man, Abdul Hadi Mawan is punishable with 20 years life imprisonment and fine, or both, if found guilty. The sole Filipina Norhaida Ibnahi was also ordered to enter her defence for allegedly willfully harbouring individuals she knew to be members of a terrorist group.[117][118] Meanwhile, a local man: Mohamad Ali Ahmad and a Filipino Basil Samiul were acquitted and discharged of waging war and being members of a terrorists group, but ordered them to enter their defence after they pleaded not guilty to a new charge. The two were charged with soliciting or giving support to a terrorist group with the new charge was made after Justice Chung found the prosecution had shown evidence that they had solicited or given support to a terrorist group, an offence punishable with life imprisonment or fine. Another Malaysian named Pabblo Alie was found to sociliting terrorist group by providing aid, an offence that will be punishable with up to 30 years imprisonment and fine if found guilty.[117][118]

On 23 February 2016, six of the Filipinos plead guilty to being members of the terrorist group involved in the intrusion. They are Atik Hussin Abu Bakar, Lin Mad Salleh, Holland Kalbi, Basad H. Manuel, Ismail Yasin and Virgilio Nemar Patulada @ Mohammad Alam Patulada.[119][120] Another three was also plead guilty over their acts, they are Filipino Aiman Radie and Malaysians Pablo Alie and Mohamad Ali Ahmad.[121] On 23 April, one of the Filipino accused, Habil Suhaili died from asthma attack in the Queen Elizabeth Hospital. It was reported that the accused as having been ill throughout the trial.[122]

On 25 July 2016, the court convicted that nine Filipino militants who leading the intrusion may facing death penalty.[123] All nine Filipinos identified as Atik Hussin Abu Bakar, Basad H. Manuel, Ismail Yasin, Virgilio Nemar Patulada @ Mohammad Alam Patulada, Salib Akhmad Emali, Al Wazir Osman, Tani Lahaddahi, Julham Rashid and Datu Amir Bahar Hushin Kiram.[124] All of them were however spared by the court and were given life sentence instead as the court found no evidence that all of the accused were directly involved in the skirmishes that occurred during the intrusion, nor was there proof that they had killed any member of the security force in cold blood or injured anybody.[124][125] Other found guilty were local Abdul Hadi Mawan, Filipino Timhar Habil, Habil Suhaili (deceased during trial) and a sole Filipina, Norhaida Ibnahi bringing the total to 13.[126]

Repercussions

Entrance to Kampung Tanduo after its transformation into a Malaysian Army camp and headquarters in 2014.

Thousands of Filipinos residing in Malaysia illegally, some for decades, were successfully deported following the conflict and the ensuing security related crackdown, some of whom were forced to leave behind family members.[127] Since January until November 2013, a total of nine thousand Filipinos who reside in the state illegally were repatriated from Sabah.[6] The total also increase to over twenty-six thousands in 2014.[7] Many overseas Filipinos in the state also have since facing discrimination and became a possible target for retaliation especially from the local Borneo tribes due to the killing of Malaysian police who mainly comprising the indigenous Borneo races.[128]

Further arrests and the killing of more Sulu militants

On 22 April 2014, a 57-year-old man in Lahad Datu who claimed to have been given the power to manage the Suluk people in Sabah was arrested for raising the Sulu Sultanate flag on his home.[129][130] Later on 25 June, six suspected Sulu terrorists including a policeman was arrested in Kunak with membership cards, appointment letters by the Sulu sultanate, several documents linked to the sultanate and weapons was seized from them.[131][132] It was later revealed that one of the suspects who is a police corporal, has family ties in the southern Philippines.[133] These suspects had allegedly drawn up plans to reform an "army" of terrorists, with plans to mount another incursion and may have linked to the recent kidnappings in eastern Sabah.[132][134] While on 22 July, three people — a Bajau, a Suluk, and one Filipino illegal immigrant — were held for joining a bid to claim Sabah for the self-proclaimed Sulu sultanate, the three are believed to have been recruiting new members to join their cause.[135]

On 30 October 2014, two men identified as the members of the Sulu militants were shot dead by police in Penampang. Both suspects, have committed robberies to raise funds for their activities and tried to recruit new members to join their fight.[136][137]

Naturalised locals involvement

On 6 May 2015, Minister in the Prime Minister's Department Shahidan Kassim said some locals together with the Filipino illegal immigrants have provide information to intruders during the invasion of Lahad Datu and other abduction incidents. In his quotation, he said:

Many locals in the east coast of Sabah originated from the Philippines and, therefore, had family or economic ties with their counterparts there. This [locals] have played a part in the intrusion in the east coast of Sabah, abductions and cross border crimes prior to the establishment of ESSCOM and ESSZONE. As a counter-measure, we will try to instill in their mindset that this is our country where we make our living together, where our children are studying and where their future lies, adding that the effort to defend the country was a collective effort.[138]

Economical impacts

The attack by Kiram's III in 2013 have since affecting trade relations especially to the Philippines side of Tawi-Tawi where most of their goods source are come from Sabah.[139] Therefore in 2015, there is a proposed ban by the Malaysian police over the activities.[140][141] This was heavily opposed by the Philippine counterparts as it would affect their regions.[142] The ban came into effect on 2016 with a majority support from Sabahan citizens.[143][144][145]

Malaysian politician meeting with the daughter of the late Kiram III

On 9 November 2015, the allegation of political motives towards one of the Malaysian opposition parties behind the incursion was strengthened when the daughter of de facto leader of the Malaysian People's Justice Party (PKR) Nurul Izzah Anwar was seen taking selfie with Jacel Kiram by holding a poster "#Release Anwar immediately" as been seen from Jacel Facebook account.[146] Countering the allegation from the public that she was collaborating with Jacel Kiram to give Sabah to the Kiram families if managed to release her father and overtake the Malaysian government, Izzah stressed that she together with Tian Chua was invited by Philippine counterparts as part of the PKR delegation to meet with various stakeholders from the Philippines, adding that they also meet other Filipino politicians such as former Governor and Congressman of Batangas Hermilando Mandanas and Congress lady Regina Reyes among others aside Jacel.[147] She also stressed her support for Malaysian government initiatives in peace negotiations in southern Philippines, as well defending the sovereignty of Sabah as part of the Malaysian federation and said that any suggestions otherwise are mere wild, unfounded and malicious allegations.[148] Her intention was however still been questioned from various Sabahan politician and residents with one Sabahan politician said:[149]

“ As an MP [Member of parliament] in Malaysia, if she was caring for Malaysians and Sabah residents, we would welcome it. But if there is "something deeper" in the meeting, we want her to explain and it should be brought to Parliament".[150] ”

The Malaysian government has since been referring Izzah to the Parliament to investigate if there is any "hidden agenda" to undermine national sovereignty in the form of deal between them.[151]

Sulu militants arms discovery

On 4 January 2016, a team of 15-General Operations Force (GOF) members led by two officers discover a cache of weapons comprising two M14 rifles, one Uzi machine pistol, three Colt .45 pistols, one revolver, a pair of handcuffs and 173 bullets of different calibres in Lahad Datu following a tip-off from local villagers when the team was conducting an operation in the area. The weapons are believed to have been buried by surviving militants before they fled across the sea back to the Philippines.[152]

Reactions

Related parties
Supranational bodies
States
Non-state actors

Known casualties

List of killed in action (KIA)

Police

Name Age Action Medal
Operators of 69 Commando of Pasukan Gerakan Khas
Inspector Zulkifli Bin Mamat 30 Killed on the first battle at Kampung Tanduo when the terrorist suddenly shot him at point blank range Pingat Kedaulatan Negara, Posthumous promotion rank of ASP
Corporal Sabaruddin Bin Daud 46 Killed on the first battle at Kampung Tanduo Pingat Kedaulatan Negara, Posthumous promotion rank of Sergeant
Special police agents of the Special Branch of Royal Malaysia Police
Superintendent G/10768 Ibrahim Bin Lebar 52 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of ACP
ASP G/15053 Michael s/o Padel 36 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of DSP
Detective SGT 110204 Baharin Bin Hamit 49 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of Sergeant Major
Policemen of the 14th Battalion, General Operations Force of Royal Malaysia Police
SGT 124082 Abd Azis Bin Sarikon 52 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of Sergeant Major
Lance Corporal 160475 Mohd Azrul Bin Tukiran 27 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of Corporal
Policemen of the Tawau Police District Headquarters
Support Corporal S/12675 Salam Bin Togiran 42 Killed on the ambush at Semporna Pingat Kedaulatan Negara, Posthumous promotion rank of Support Sergeant

Army

Name Age Action Medal
Soldiers of the Royal Malay Regiment of Malaysian Army
Private Ahmad Hurairah Bin Ismail - Killed by an enemy sniper during Ops Daulat Pingat Kedaulatan Negara, Posthumous promotion rank of Corporal
Private Ahmad Farhan Bin Ruslan - Mortally wounded during the traffic accident near Bandar Cendera-Wasih in the Felda Sahabat Pingat Kedaulatan Negara, Posthumous promotion rank of Corporal

See also

Further reading

References

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  3. 1 2 3 4 Vanar, Muguntan (29 June 2013). "Lahad Datu: Ops Daulat officially ends today". The Star. Retrieved 11 October 2013.
  4. ↑ "ESSCOM will continue to hold programmes on security within ESSZONE". The New Sabah Times. 22 October 2013. Archived from the original on 29 June 2014. Retrieved 26 October 2013.
  5. 1 2 Gindol, Kanul (31 May 2014). "'Localised' illegal immigrants helping 'foreign' relatives in Sabah". The Ant Daily. Archived from the original on 1 July 2014. Retrieved 21 June 2014.
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  7. 1 2 Jaymalin, Mayen (25 March 2014). "Over 26,000 Filipino illegal migrants return from Sabah". The Philippine Star. ABS-CBN News. Retrieved 21 June 2014.
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Notes

  1. 1 2 3 Support Malaysian action during the standoff, but did not involved in the operation.
  2. ↑ One soldier was killed in traffic accident at Felda Sahabat on his way to send food to the Malaysian forces.
  3. ↑ Escaped from the intruders when they trying to take civilian as a hostage.
  4. ↑ Majority arrested are illegal immigrants who gave help to the intruders.
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