Views inside the ICJ in 1962 (Photos: NorodomSihanouk.info)Wednesday June 25, 2008
Bangkok Post
Published here is the International Court of Justice's ruling delivered on June 15, 1962, in the case concerning the Temple of Preah Vihear (Merits) between Cambodia and Thailand.
The proceedings were instituted on Oct 6, 1957 by an Application of the Government of Cambodia; the Government of Thailand having raised two preliminary objections, the Court, by its judgement of May 26, 1961, found that it had jusisdiction.
In its Judgement delivered today (June 15, 1962), the Court, by nine votes to three, found that the Temple of Preah Vihear was situated in territory under the sovereignty of Cambodia and, in consequence, that Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory.
By seven votes to five, the Court found that Thailand was under an obligation to restore to Cambodia any sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which might, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.
Judge Tanaka and Judge Morelli appended to the Judgement a Joint Declaration. Vice-President Alfaro and Judge Sir Gerald Fitzmaurice appended Separate Opinions; Judges Moreno Quktana, Wellington Koo and Sir Percy Spender appended Dissenting Opinions.
In its Judgement, the Court found that the subject of the dispute was sovereignty over the region of the Temple of Preah Vihear. This ancient sanctuary, partially in ruins, stood on a promontory of the Dangrek range of mountains which constituted the boundary between Cambodia and Thailand. The dispute had its fons et origo in the boundary settlements made in the period 1904-1908 between France, then conducting the foreign relations of Indo-China, and Siam. The application of the Treaty of February 13, 1904 was, in particular, involved (in which Thailand swapped the land on the right side of the Mekong river, namely Battambang, Siam Riep and Sri Sophon, in exchange for Chanthaburi, Trat and Dan Sai district in Loei province).
That Treaty established the general character of the frontier, the exact boundary of which was to be delimited by a Franco-Siamese Mixed Commission.
In the eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to follow the watershed line. For the purpose of delimiting that frontier, it was agreed, at a meeting held on Dec 2, 1906 that the Mixed Commission should travel along the Dangrek range carrying out all the necessary reconnaissance, and that a survey officer of the French section of the Commission should survey the whole of the eastern part of the range.
It had not been contested that the Presidents of the French and Siamese sections duly made this journey, in the course of which they visited the Temple of Preah Vihear.
In January-February 1907, the President of the French section had reported to his Government that the frontier-line had been definitely established. It therefore seemed clear that a frontier had been surveyed and fixed, although there was no record of any decision and no reference to the Dangrek region in any minutes of the meetings of the Cornmission after Dec 2, 1906.
Moreover, at the time, when the Commission might have met for the purpose of winding up its work, attention was directed towards the conclusion of a further Franco-Siamese boundary treaty, the Treaty of March 23, 1907.
The final stage of the delimitation was the preparation of maps. The Siamese Goverment, which did not dispose of adequate technical means had requested that French officers should map the frontier region.
These maps were completed in the autumn of 1907 by a team of French officers, some of whom had been members of the Mixed Commission, and they were communicated to the Siamese Government in 1908. Amongst them was a map of the Dangrek range showing Preah Vihear on the Cambodian side.
It was on that map (filed as Annex I to its Memorial) that Cambodia had principally relied in support of her claim to sovereignty over the Temple.
Thailand, on the other hand, had contended that the map, not being the work of the Mixed Commission, had no binding character; that the frontier indicated on it was not the true watershed line and that the true watershed line would place the Temple in Thailand; that the map had never been accepted by Thalland or, alternatively, that if Thailand had accepted it, she had done so only because of a mistaken belief that the frontier indicated corresponded with the watershed line.
The Annex 1 map was never formally approved by the Mixed Commission, which had ceased to funciion some months before its production. While there could be no reasonable doubt that it was based on the work of the surveying officers in the Dangrek sector, the Court nevertheless concluded that, in its inception, it had no binding character.
It was clear from the record, however, that the maps were communicated to the Siamese Government as purporting to represent the outcome of the work of delimitation; since there was no reaction on the part of the Siamese authorities, either then or for many years, they must be held to have acquiesced.
The maps were moreover communicated to the Siamese members of the Mixed Commission, who said nothing, to the Siamese Minister of the Interior, Prince Damrong, who thanked the French Minister in Bangkok for them, and to the Siamese provincial governors, some of whom knew of Preah Vihear.
If the Siamese authorities accepted the Annex 1 map without investigation, they could not now plead any error vitiating the reality of their consent.
The Siamese Government and later the Thai Government had raised no query about the Annex 1 map prior to its negotiations with Cambodia in Bangkok in 1958. But in 1934-1995 a survey had established a divergence between the map line and the true line of the watershed, and other maps had been produced showing the Temple as being in Thailand: Thailand had nevertheless continued also to use and indeed to publish maps showing Preah Vihear as lying in Cambodia. Moreover, in the course of the negotiations for the 1925 and 1937 Franco-Siamese Treaties, which confirmed the existing frontiers, and in 1947 in Washington before the Franco-Simese Conciliation Commission, it would have been natural for Thailand to raise the matter: she did not do so.
The natural inference was that she had accepted the frontier at Preah Vihear as it was drawn on the map, irrespective of its correspondence with the watershed line. Thailand had stated that, having been, at all material times, in possession of Preah Vihear, she had had no need to raise the matter; she had indeed instanced the acts of her administrative authorities on the ground as evidence that she had never accepted the Annex 1 line at Preah Vihear. But the Court found it difficult to regard such local acts as negativing the consistent attitude of the central authorities.
Moreover, when in 1930 Prince Damrong, on a visit to the Temple, was officially received there by the French Resident for the adjoining Cambodian province. Siam failed to react.
From these facts, the Court concluded that Thailand had accepted the Annex I map.
Even if there were any doubt in this connection, Thailand was now precluded from assserting that she had not accepted it since France and Cambodia had relied upon her acceptance and she had for 50 years enjoyed such benefits as the Treaty of 1904 had conferred on her. Furthermore, the acceptance of the Annex 1 map caused it to enter the treaty settlement; the Parties had at that time adopted an interpretation of that settlement which caused the map line to prevail over the provisions of the Treaty and, as there was no reason to think that the Parties had attached any special importance to the line of watershed as such, as compared with the overriding importance of a final regdation of their own frontiers, the Court considered that the interpretation to be given now would be the same.
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.
For these reasons, the Court upheld the submissions of Cambodia concerning sovereignty over Preah Vihear.
The Hague, June 15, 1962.
The proceedings were instituted on Oct 6, 1957 by an Application of the Government of Cambodia; the Government of Thailand having raised two preliminary objections, the Court, by its judgement of May 26, 1961, found that it had jusisdiction.
In its Judgement delivered today (June 15, 1962), the Court, by nine votes to three, found that the Temple of Preah Vihear was situated in territory under the sovereignty of Cambodia and, in consequence, that Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory.
By seven votes to five, the Court found that Thailand was under an obligation to restore to Cambodia any sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which might, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities.
Judge Tanaka and Judge Morelli appended to the Judgement a Joint Declaration. Vice-President Alfaro and Judge Sir Gerald Fitzmaurice appended Separate Opinions; Judges Moreno Quktana, Wellington Koo and Sir Percy Spender appended Dissenting Opinions.
In its Judgement, the Court found that the subject of the dispute was sovereignty over the region of the Temple of Preah Vihear. This ancient sanctuary, partially in ruins, stood on a promontory of the Dangrek range of mountains which constituted the boundary between Cambodia and Thailand. The dispute had its fons et origo in the boundary settlements made in the period 1904-1908 between France, then conducting the foreign relations of Indo-China, and Siam. The application of the Treaty of February 13, 1904 was, in particular, involved (in which Thailand swapped the land on the right side of the Mekong river, namely Battambang, Siam Riep and Sri Sophon, in exchange for Chanthaburi, Trat and Dan Sai district in Loei province).
That Treaty established the general character of the frontier, the exact boundary of which was to be delimited by a Franco-Siamese Mixed Commission.
In the eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to follow the watershed line. For the purpose of delimiting that frontier, it was agreed, at a meeting held on Dec 2, 1906 that the Mixed Commission should travel along the Dangrek range carrying out all the necessary reconnaissance, and that a survey officer of the French section of the Commission should survey the whole of the eastern part of the range.
It had not been contested that the Presidents of the French and Siamese sections duly made this journey, in the course of which they visited the Temple of Preah Vihear.
In January-February 1907, the President of the French section had reported to his Government that the frontier-line had been definitely established. It therefore seemed clear that a frontier had been surveyed and fixed, although there was no record of any decision and no reference to the Dangrek region in any minutes of the meetings of the Cornmission after Dec 2, 1906.
Moreover, at the time, when the Commission might have met for the purpose of winding up its work, attention was directed towards the conclusion of a further Franco-Siamese boundary treaty, the Treaty of March 23, 1907.
The final stage of the delimitation was the preparation of maps. The Siamese Goverment, which did not dispose of adequate technical means had requested that French officers should map the frontier region.
These maps were completed in the autumn of 1907 by a team of French officers, some of whom had been members of the Mixed Commission, and they were communicated to the Siamese Government in 1908. Amongst them was a map of the Dangrek range showing Preah Vihear on the Cambodian side.
It was on that map (filed as Annex I to its Memorial) that Cambodia had principally relied in support of her claim to sovereignty over the Temple.
Thailand, on the other hand, had contended that the map, not being the work of the Mixed Commission, had no binding character; that the frontier indicated on it was not the true watershed line and that the true watershed line would place the Temple in Thailand; that the map had never been accepted by Thalland or, alternatively, that if Thailand had accepted it, she had done so only because of a mistaken belief that the frontier indicated corresponded with the watershed line.
The Annex 1 map was never formally approved by the Mixed Commission, which had ceased to funciion some months before its production. While there could be no reasonable doubt that it was based on the work of the surveying officers in the Dangrek sector, the Court nevertheless concluded that, in its inception, it had no binding character.
It was clear from the record, however, that the maps were communicated to the Siamese Government as purporting to represent the outcome of the work of delimitation; since there was no reaction on the part of the Siamese authorities, either then or for many years, they must be held to have acquiesced.
The maps were moreover communicated to the Siamese members of the Mixed Commission, who said nothing, to the Siamese Minister of the Interior, Prince Damrong, who thanked the French Minister in Bangkok for them, and to the Siamese provincial governors, some of whom knew of Preah Vihear.
If the Siamese authorities accepted the Annex 1 map without investigation, they could not now plead any error vitiating the reality of their consent.
The Siamese Government and later the Thai Government had raised no query about the Annex 1 map prior to its negotiations with Cambodia in Bangkok in 1958. But in 1934-1995 a survey had established a divergence between the map line and the true line of the watershed, and other maps had been produced showing the Temple as being in Thailand: Thailand had nevertheless continued also to use and indeed to publish maps showing Preah Vihear as lying in Cambodia. Moreover, in the course of the negotiations for the 1925 and 1937 Franco-Siamese Treaties, which confirmed the existing frontiers, and in 1947 in Washington before the Franco-Simese Conciliation Commission, it would have been natural for Thailand to raise the matter: she did not do so.
The natural inference was that she had accepted the frontier at Preah Vihear as it was drawn on the map, irrespective of its correspondence with the watershed line. Thailand had stated that, having been, at all material times, in possession of Preah Vihear, she had had no need to raise the matter; she had indeed instanced the acts of her administrative authorities on the ground as evidence that she had never accepted the Annex 1 line at Preah Vihear. But the Court found it difficult to regard such local acts as negativing the consistent attitude of the central authorities.
Moreover, when in 1930 Prince Damrong, on a visit to the Temple, was officially received there by the French Resident for the adjoining Cambodian province. Siam failed to react.
From these facts, the Court concluded that Thailand had accepted the Annex I map.
Even if there were any doubt in this connection, Thailand was now precluded from assserting that she had not accepted it since France and Cambodia had relied upon her acceptance and she had for 50 years enjoyed such benefits as the Treaty of 1904 had conferred on her. Furthermore, the acceptance of the Annex 1 map caused it to enter the treaty settlement; the Parties had at that time adopted an interpretation of that settlement which caused the map line to prevail over the provisions of the Treaty and, as there was no reason to think that the Parties had attached any special importance to the line of watershed as such, as compared with the overriding importance of a final regdation of their own frontiers, the Court considered that the interpretation to be given now would be the same.
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.
For these reasons, the Court upheld the submissions of Cambodia concerning sovereignty over Preah Vihear.
The Hague, June 15, 1962.
18 comments:
Hello Abhisit Vejjajiva,
A quiz for you - why is one province of Cambodia (where Angkor Wat is) named "Siemreap"?
Patiently awaiting your answer to see if you are any smarter than a 5th grader?
Truly yours,
One 16-year-old Cambodian kid
I call Bhumipol Adulyadet to restrain his subjects from making a jack ass ofut of a donkey.
Shame on them and their sovereign needs to look at the old map 1907 with two not one eye.
AH Abhisit Vejjajiva said that the Phrea Vihear case is a knock out punch for Prime Minister Samak Sundaravej to resign from power!
Well! This is what I can say to AH Abhisit Vejjajiva and I hope he become the Prime Minister of Thailame in the future but don't you dare set foot in Cambodia mother fucker!
AH Abhisit Vejjajiva is a modern day terrorist and disguises himself as the leader of democratic fool!
If you have ill will for Cambodia and her people and Cambodia and her people will have ill will for you too!
AH Abhisit Vejjajiva will be the last man on Earth to set on Cambodian soil!
i agree, i hope they set the record straight.
the 1962 court ruling is the law and i'm sure thailand will lose again i.e. if the court even wanted to hear it again after 46 years. good lucky, siem thieves!
It's seem like Our Neighbor Country knew that Cambodia is a weekest leader that why they could do anything they want.
" Moreover, when in 1930 Prince Damrong, on a visit to the Temple, was officially received there by the French Resident for the adjoining Cambodian province. Siam failed to react."
I think that becuase Siames government thinks that they from that treaty and map, they can get many Khmer Provinces from Cambodia. So that why they keep smilling and nothing reacted to French officials.
"Two flags, Khmer and Thai, would be flying over Preah Vihear temple, and the conservation of the temple would be entrusted to Thais experts just as the conservation of Angkor would be entrusted to French experts, after the end of the war[against the Vietnamese]", so replied our August King, then President of the Coalition Government of Democratic Kampuchea, to a question a Thai scholar posed to Him at the end of His speech at the Institute of Southeast Studies in Singapore in the mid-1980s. I was there.
LAO Mong Hay, Hong Kong
8:49AM. Have some respect. Please do not call our King by name.
His Majesty of Thailand is our beloved King, and at least show some respect. May be you want to be known as barbarians as the world view Cambodians are.
To: 10:49am
If it weren't for us "barbarian Cambodians" as you suggested, you Thai people wouldn't have a culture or written language. Please inquire Her Royal Highest Somdet Phra Thep. She knows Sanskrit, Pali and Khmer very well.
If Cambodian culture were barbaric one, Thai culture would be shaped by this barbaric culture. Should be ashamed of yourself,, Thais
I think Dr. Lao should be awarded a medal by His Majesty Bhumibol for flying a Thai flag side by side with a Cambodian flag over Preah Vihear Temple. We want to list Preah Vihear with Unesco for conservation. The way the Bangkok Post been bombarding with prints about Preah Vihear as theirs. We do not need their help to protect our temple.
Stupid Bang-cock Post couln't even copy the ICJ 1962 Verdict right verbatim...it has to be their way...even Siem Reap is spelled with their version of "Siam Riep" and Sisophon as "Sri Sophon" their version...Battambang and Sisophon are as Cambodian as Alsace Lorraine to France according to His Majesty Samdech Preah Moha Vireakksatr Norodom Sihanouk.
Mr. 1:33PM,
It is our August retired King Norodom Sihanouk who said it, not me. I happened to be there when he did. I was not happy though.
Should the Thai King award the medal you mentioned to our King?
To my knowledge, the Thai people have the same emotional atttachment to Preah Vihear temple as we, Cambodians, do to Kampuchea Krom.
I have visited twice a place called Moeung Boran Thai (Thai ancient monuments)in Samut Prakarn, some two hour-drive from Bangkok in Thailand. In that tourist attraction site, there is a replica of Preah Vihear temple, big enough for people to get inside through its doors. It is built on the same terrain as our Preah Vihear with a gentle climb from a gate to the main boday of the temple, and it perches on a cliff overlooking Samut Prakarn town. And this replica was built in 1964, two years after the verdict of the International Court of Justice.
The judgment of this court can be read at http://www.icj-cij.org/docket/files/45/4873.pdf.
LAO Mong Hay, Hong Kong
We are ready to fig again Thailand =, Preah Vihear are deep inside Cambodian people, I am ready to join Solider for this war emperor
10:49am,you have no idea,don't you?
Bhumipol Adulyadet was it not this Tea Cheow guy name by birth?No offfense there.I called him by his name only.
Cambodian barbalians,wlongly?
1-This guy conspired to kill his own brother to be appointed King,read up mate.
2-This guy has only one eye.
3-This guy is an evil heart racist who disowned his oldest daughter because of her love relations with a black man (real man to hers).
4-This singular vision Mongoloid Bhumipol plotted countless coup against governments included the 2006 coup led by Suryanon ,a royal stooge of Khmer descent.
Khmers are not barbaric but Siameses are crocodiles that bite feeding hands.
After all he is just merely a man like the rest of thieves living in Bangkok harem.
Very true 1:18PM,
The stupid Thai king or BhomBhumipol Adulyadet still practice or preaching Khmer royal words in the ugly palace.
All those thieves in the palace using our Khmer word 100%.
They said they Khmer, how come they don't speak Khmer throughout Thailand. Only the one eye king using Khmer worlds. SO that one eye king must be Khmer.
Listen Cambodians.
I only asked you not to cal our beloved King by name, please.
His Majesty is loved by all of Thai people, so don't bring our beloved King in your dispute of Preah Vihan.
Loung Prabat Phumibol is our great beloved King and we Thais will die for our King.
We have our great culture and we preserve with caring until today.
Study history you know that Loung Preah Bat Suryvarman was born in Thailand before was Khmer empire, and we are the children of the great King also, thus we are entitled to inherit our Preah Vihan. Million of Thais are also Khmers if you trace our roots.
And why do you think you Cambodians are entitled to Preah Vihan?
Yes we knew Loung Prabat Sihanuk won, but His Majesty Sihanuk and His Majesty Phumibol are having Khmer blood, so they both should share this treasure from their own ancestors.
Make sense?
Share your Queen Sirikit of Chin descent with Sihanouk first,Ok?
Khao chai mai?
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