Radio Netherlands Worldwide

SSO Login

More login possibilities:

Close
  • Facebook
  • Flickr
  • Twitter
  • Google
  • LinkedIn
Home
Sunday 27 May RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online
Preah Vihear Temple
International Justice Desk's picture
Map
The Hague, Netherlands
The Hague, Netherlands

Cambodia launches legal fight in UN's highest court

Published on : 30 May 2011 - 3:06pm | By International Justice Desk (RNW)
More about:

Cambodia on Monday launched a bitter legal battle before the UN's highest court, asking it to order an immediate Thai troop withdrawal around the ancient temple of Preah Vihear, scene of heavy clashes earlier this year.

"We will ask the court to swiftly provide the provisional measures to protect the peace and avoid an escalation of the armed conflict in the area," said Deputy Prime Minister Hor Namhong, who represents Cambodia.

"Cambodia is asking the court to implement measures to prevent further destruction of the temple and the area around it," he told a 16 panel of judges before the International Court of Justice (ICJ) based in The Hague.

In February the UN appealed for a permanent ceasefire after 10 people were killed in fighting near Preah Vihear, but fresh clashes which broke out in April further west left 18 dead and prompted 85,000 civilians to flee.

Court ruling
The court ruled in 1962 that the temple itself belonged to Cambodia.

"Thailand is under obligation to withdraw any troops in the area around the temple," the Cambodian representative said.

He said that although there had been clashes in the past, Thai aggression substantially increased after July 2008, when the UN's cultural body UNESCO listed the temple as a World Heritage site.

"It's time for the voice of international law to speak loudly," Hor Namhong said, calling the ICJ "the guarantor."

That is why we brought this dispute here -- it has been going on too long," he said.

Thailand was expected to make its first public submission later Monday.

Speaking outside the courtroom, Thailand's caretaker Foreign Minister Kasit Piromya denied Thailand ever questioned the court's 1962 ruling.

"We have never contested or disputed the court's decision on the temple," he said.

He said Thailand's dispute was specifically over the 4.6 square-kilometre (1.8-square-mile) area surrounding the complex.

"That's different," Kasit said when asked about the disputed territory. "The court did not have the jurisdiction to rule about that."

But he said Thailand's view "has been our position for the last 50 years."

"We do not understand why we had to come here," he said.

Thai Prime Minister Abhisit Vejjajiva said in Bangkok that it was "unnecessary" for the court to consider Cambodia's petition.

"The request violates the previous ruling. ... We will fight based on the court's jurisdiction and facts. When Cambodia won the last case, the Thai government followed the ruling and has done so since 1962."

Preah Vihear Temple
The 11th-century complex has been at the centre of ongoing legal wrangling between Thailand and Cambodia -- which took its southeastern Asian neighbour to the ICJ in 1958.

The UN court ruled in 1962 the 900 year-old Khmer temple belonged to Cambodia, but both Phnom Penh and Bangkok claim ownership of the surrounding area.

Cambodia last month asked the ICJ to explain that ruling, with the ICJ saying it would rule on a clarification at a later stage.

The ICJ has set down two days for public submissions after which judges will convene and give a ruling, said a source close to the court who asked not to be named. Two more hearings for submissions are also scheduled for Tuesday.

Most popular news in this dossier

Reed Brody

Habre: prosecute or extradite

“We are expecting a lot from the International Court of Justice (ICJ),” declares Reed Brody of...
Peace Palace

ICJ to rule on Macedonia's name

The UN's highest court will rule early next month on a decades-long spat between Greece and Macedonia over...

ICJ: Senegal defends its stand over fugitive Habre

Senegal denied it was dodging its legal obligations by failing to extradite Chad's former president Hissene...
Peace Palace

ICJ rules in favor of Macedonia

Greece was in the wrong when it blocked Macedonia's admission to NATO because of a dispute over the former...

Belgium seeks world court order on ex-Chad leader

Lawyers for Belgium urged the United Nations' highest court Monday to order Senegal to prosecute former Chad...

Discussion

Post new comment

Please be reminded all comments must be in English, short and to the point - guideline 250 words. Abusive and inappropriate comments will be removed.

The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <p> <br>
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.

More information about formatting options

RNW Player

International Justice

From the former Yugoslavia to Rwanda, Cambodia and Lebanon, Radio Netherlands Worldwide reports on international justice. We offer background news and reporting on war crimes, human rights abuses and genocide.

RNW - News and analysis from the Netherlands in 10 languages, worldwide 24/7 on radio, television and online