Judges at the International Court of Justice (ICJ) are deliberating whether to wade into a bloody border conflict, after Cambodia asked that it order Thailand to withdraw troops from positions near an 11th century Hindu temple.
By Jared Ferrie, Chiang Mai
Public hearings were conducted May 30 and 31 in response to a request from Cambodia that the Court interpret a 1962 judgment that placed the Preah Vihear temple inside Cambodian territory. Although the judgment also supported a map demarcating the border, Thailand argues that the ICJ did not have jurisdiction to rule on the border.
A disputed 4.6 square kilometer section of land at the foot of the temple has become a flashpoint for military clashes, including those that claimed at least 10 lives in February.
Cambodia hopes an ICJ clarification will effectively demarcate the border. Thailand wants the Court to dismiss Cambodia’s application, arguing that it has complied with the 1962 ruling, which required it to withdraw its forces from the temple and Cambodian territory in the vicinity.
"The point is that it's unreasonable that the ICJ should grant an injunction as requested by Cambodia when Thailand had abided by the court's ruling issued in 1962,” Thai Prime Minister Abhisit Vejjajiva told the Bangkok Post the day before hearings began.
War of letters
Thai officials have made that argument repeatedly, in public statements and in a February 5 letter to the United Nations Security Council (UNSC).
But in its own letters to the UNSC, including one dating back to 1966, Cambodia has claimed that Thailand repeatedly violated the ruling, not only stationing troops nearby, but on one occasion invading the temple complex itself.
The April 23 1966 letter, which was provided to the International Justice Tribune by the Documentation Centre of Cambodia, describes an alleged sequence of clashes in and around the temple.
“On 3 April 1966 at about 7:30 p.m., a unit of Thai Armed Forces about 100 strong attacked and burned the Cambodian post held by nine guards appointed to watch over the temple of Preah Vihear,” wrote Norodom Kantol, who was Cambodia’s foreign minister.
“The aggressors captured five of these guards and occupied the temple.”
The letter goes on to claim that Cambodian troops took back the temple from the Thais who allegedly executed the five prisoners as they were withdrawing.
It also claims that the Thai military used the confrontation to expand into Cambodian territory. Quoting a statement made by Prince Norodom Sihanouk, Cambodia’s head of state at the time, the letter claims:
“They have drawn a new frontier line, to our disadvantage, in the neighbourhood of Preah Vihear itself. In particular, they have laid barbed wire and set up military or police posts which in certain places encroach to a considerable depth on our territory, thus scorning the judgment of the International Court of Justice.”
Thailand has maintained that it accepted the section of the 1962 judgment that placed Preah Vihear within Cambodia. But both the section referring to the borderline, and Thailand’s interpretation of it, is less clear.
Drawing lines in the sand
In its summary of the 1962 judgment, the Court explained that various maps had been produced that demarcated the border according to the different designations of the watershed line at the foot of the hill upon which Preah Vihear stands. However, the Court found evidence that Thailand accepted a map it referred to as Annex I.
“The Court therefore felt bound to pronounce in favour of the frontier indicated on the Annex I map in the disputed area and it became unnecessary to consider whether the line as mapped did in fact correspond to the true watershed line,” said the summary.
Thus, the Court appears to have ruled already on the border demarcation issue. But the 1962 judgment also admits that the Thai government never officially endorsed the Annex I map. And over decades the issue has only become more opaque.
Cambodia says it wants a speedy decision by the ICJ in hopes that it will help resolve the border crisis. Authorities have warned of the potential for further clashes, as both countries continue to maintain a heavy military presence in the area.
The ICJ has not determined when it will decide whether or not to examine and interpret the 1962 judgment, saying only that the date “will be determined in due course.”
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Today June 10, 2011 which is 30 years after my family and I left United Nation's Cambodia refugee in Kao-I-Dang, Thailand, I still live in this vivid horror memory of how I withnessed that one rainy, early morning, standing among many other Khmer refugees watching helplessly with great fear and anger from inside Kao-I-Dang refugee surrounded by barb wire fence, withnessing Thailand military troops shot and threw innocent,injured Cambodian(Khmer)refugees into their four wheel army tanks and drow off into the jungles. During that night, there were fighting between Cambodian freedom fighter troops and Vietnamese troops along the Cambodia-Thai border in which many fearful Cambodian refugees fled into the United Nation Kao-I-Dang refugee in Thailand territory I saw Thailand soldiers shot from the top of their four wheel army tank into a crowd of children and Cambodian refugee family that were running fearfully toward Kao-I-Dang refugee's bar wife fence. My memory today still remember how I saw the murderous Thailand militaries without mercy jumped of the four wheel army tanks and drag a numbers of Khmers(Cambodian) injured refugees,men,women and children and tossed our people into their miltary tanks and truck and drove them off into the jungles without a trace. During that moment, I thought I was still living under the Khmer Rouge Pol Pot regime when I saw what the Thai military murdered my innocent helpless Cambodian refugee. But it was in Thailand near our United Nation Cambodia Kao-I-Dang refugee.
Thank you all for taking your time to read my 30 years vivid memory from the United Nation Cambodia Kao-I-Dang refuguee in Thailand. I am not alone withnessing during that rainy morning in 1980. There were many of my Khmers Cambodian refugees that were watching helplessly with me with great fears during that rainy morning. If you go interview to all the Khmer Cambodian refugee that live in Kao-I-Dang refugee in 1980 who withnessed during that rainy morning, you will hear the same story that I just told you all.
Today June 10, 2011 which is 30 years after my family and I left United Nation's Cambodia refugee in Kao-I-Dang, Thailand, I still live in this vivid horror memory of how I withnessed that one rainy, early morning, standing among many other Khmer refugees watching helplessly with great fear and anger from inside Kao-I-Dang refugee surrounded by barb wire fence, withnessing Thailand military troops shot and threw innocent,injured Cambodian(Khmer)refugees into their four wheel army tanks and drow off into the jungles. During that night, there were fighting between Cambodian freedom fighter troops and Vietnamese troops along the Cambodia-Thai border in which many fearful Cambodian refugees fled into the United Nation Kao-I-Dang refugee in Thailand territory I saw Thailand soldiers shot from the top of their four wheel army tank into a crowd of children and Cambodian refugee family that were running fearfully toward Kao-I-Dang refugee's bar wife fence. My memory today still remember how I saw the murderous Thailand militaries without mercy jumped of the four wheel army tanks and drag a numbers of Khmers(Cambodian) injured refugees,men,women and children and tossed our people into their miltary tanks and truck and drove them off into the jungles without a trace. During that moment, I thought I was still living under the Khmer Rouge Pol Pot regime when I saw what the Thai military murdered my innocent helpless Cambodian refugee. But it was in Thailand near our United Nation Cambodia Kao-I-Dang refugee.
Thank you all for taking your time to read my 30 years vivid memory from the United Nation Cambodia Kao-I-Dang refuguee in Thailand. I am not alone withnessing during that rainy morning in 1980. There were many of my Khmers Cambodian refugees that were watching helplessly with me with great fears during that rainy morning. If you go interview to all the Khmer Cambodian refugee that live in Kao-I-Dang refugee in 1980 who withnessed during that rainy morning, you will hear the same story that I just told you all.
I think Thai military and the current government have to stop all the bull shit and face the fact.
Don't forget that all the country around you hate so much. One day they will be united and attack Thailand.
Abhishit is always flip plop and talk too much but nothing is done. He is a military pm for sure.
the Thai military are very rude and so arrogan, they are the one that calling the shot, not the government.
Please, wake up and don't act like a child the world is watching you. Sham on you Mr. Abhisit !
As a friendly neighboring country, I'd witnessed Thai soldiers committed rape of Cambodian women and murder of Cambodian men outside the double barbed-wire fence around the UN supervised refugee camp called "Kao-I-Dang" in 1982. I was so lucky that they did not see me hiding in a near by ditch.
Dear Sir/Madame,
May I please share to your noble readers the following article which appeared on local newspapers, The Kampuchea Thmey Daily
Meta, Phnom Penh
Thailand, a friendly neighbors?
Thursday 09 June 2011 17:38
Last week, there was a two days hearing at the International Court of Justice, in the city of The Hague, The Netherlands. At stake was the request submitted by Cambodia for the indication of provisional measures in the case concerning the "Request for interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Preah Vihear."
During the whole hearing, representatives of Thailand tried to convince the Court that Thailand is a country that has always been dedicated to peace and friendship with Cambodia and that "pacifist tradition" is a fundamental value of Thailand's foreign policy. According to Ambassador Plasai, Thailand - or Siam as it was known in the past - has a "long-standing and traditional approach of diplomacy, which is above all a pacifist one". And he tried to "demonstrate that the picture which Cambodia is seeking to paint of the big bad wolf threatening the little lamb is entirely false." An attempt made also by one of the French counsels of Thailand, Professor Alain Pellet. Both used a classical method for their demonstration : to lie by omission. But historical facts are there.
As a friendly neighboring country, Siam, a partner in the coalition between nazi Germany, fascist Italy and imperialist Japan, took benefits from the French defeat, in 1940, by annexing three Cambodian provinces seen as "lost territories" at a time Cambodia was part of the French colonial empire.
As a friendly neighboring country, Thailand, after the defeat of that alliance, in 1945, refused to retrocede the Cambodian provinces. It took one year and it requested the threat by France to use her veto rights at the UN Security council against the membership of Thailand at the UN before moving the Cambodian provinces back to their homeland.
As a friendly neighboring country, Thailand started in 1949 to occupy the Preah Vihear Temple until she was forced to withdraw by the ICJ 1962 Judgment.
As a friendly neighboring country, Thailand, in 1962, through her representative at the UN, claimed the Thai sovereignty on the Cambodian provinces of Battambang, Kompong Thom and Siem Reap.
As a friendly neighboring country, Thailand armed forces, on April 3rd 1966, occupied during a few days the Cambodian temple of Preah Vihear before being expelled by the Cambodian army.
As a friendly neighboring country, Thailand, during all the sixties, interfered in Cambodian home affairs and tried to destabilize the Government of then Prince Norodom Sihanouk by supporting and giving sanctuaries to a guerilla group called "Khmers Serei".
As a friendly neighboring country, Thailand expressed strong support to the leaders of the coup that overthrown Prince Norodom Sihanouk in 1970.
As a friendly neighboring country, Thailand armed forces committed, on June 9th 1979, a crime against humanity by pushing back, under the threat of their guns, 45.000 Cambodian refugees to mines fields in the area of Preah Vihear ; thousands were killed.
As a friendly neighboring country, Thailand took, in the seventies and the eighties, enormous financial benefits from the international humanitarian assistance to hundreds of thousands of Cambodian people that Thailand refused to recognize as refugees and parked in camps under the threatening control of special units of the Thai army.
As a friendly neighboring country, Thailand was among the countries that imposed the involvement of the Khmer rouge in the peace process.
As a friendly neighboring country, Thailand refused to comply with several provisions of the Peace Agreements on Cambodia that she was one of the signatories, protecting Thai companies involved in deforestation in areas under the control of the Khmer rouge, giving protection to Khmer rouge troops fighting UN personal during the UN operation and moving Cambodian border stones inside Cambodian territory as it was seen by UN observers.
As a friendly neighboring country, Thailand armed forces used cluster munitions against the people of Cambodia, last February, as it has been confirmed by the representatives of 18 governments (Australia, Austria, Belgium, Canada, Chile, Croatia, Germany, Ireland, Japan, Laos, Lebanon, Mexico, New Zealand, Sierra Leone, Slovenia, South Africa, Switzerland and Zambia) and by many NGOs as well.
These are the facts and they are undisputed.
None of these facts have been recalled by the Thai representatives at The Hague, last week, neither by their counsels.
It has to be observed that relations between the two countries used to be normal when there was a civil government in Bangkok. They use to be tense or even more when there is a military government. Or, like today, 5 years after the last coup - there were 18 military coup in Thailand during the past 80 years - a civil government under the influence of the army. This Thai government represented in The Hague is the one that killed more the 90 civil activists last year.
A "pacifist tradition", and a "peaceful government", indeed.
Dr. Raoul Marc JENNAR PhD
Bachelor of Khmer studies
Adviser to the Royal Government of Cambodia
8 June 2011
Thailand should resolve the southern province instead of starting a new front with Cambodia. Their internal problems:
Yellow, Red, and others ...
What the hell is Thailand trying to say? If the ICJ decision is for Thailand to withdraw troops from Cambodia's 4.6km, Thai military will refuse because it is defending Thailand soverignty? What the fuck is that suppose to mean? Thailand will respect ICJ decision but Thailand military will not? Fuck..this is about as stupid as Thailand taking a map and draw up it own territory claim and proclaim it as Thailand's territory. Oooh my bad, that's what Thailand did and that why we have this bullshit problem.
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