By Supalak Ganjanakhundee
The Nation
Common sense alone should decide the issue of Preah Vihear, unless it becomes politicised.
Cambodia has officially occupied the Hindu temple for 46 years. Before the application to list it as a World Heritage site, nobody doubted the temple was under Cambodia's sovereignty.
In its judgement on the merits of the case, the International Court of Justice (ICJ) in 1962, by nine votes to three, found that the temple of Preah Vihear was "situated in territory under the sovereignty of Cambodia".
The wording seemed to be clear that the temple was under the sovereignty of Cambodia, but many people raised legal questions about whether Cambodia's sovereignty covers only the ruins or includes its base and surrounding area.
Sovereignty is the burning issue for the case since the opposition has alleged that allowing Cambodia's application to take the temple's base and surrounding area into the World Heritage site could be deemed a loss of Thai sovereignty to Cambodia.
To learn about the rationale behind the argument, it is necessary to go back to 1962 when the Thai government interpreted the ICJ's ruling.
By consequence of the ruling, Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by the Kingdom at the temple or its vicinity on Cambodian territory.
In practice, the Cabinet in 1962 ordered the withdrawal of troops from the temple and its vicinity and drew a new line to determine the boundary for the temple.
Some academics and opposition Democrat Party members argue that the then foreign minister Thanat Khoman sent a note to the then acting secretary-general of the United Nations, U Thant, to express his government's disagreement and reserve the right, if any, to resume its sovereignty over the temple.
"His Majesty's government desires to make an express reservation regarding whatever rights Thailand has, or may have in future, to recover the Temple of Pra Viharn by having resource to any existing or subsequently applicable legal process, and to register a protest against the decision of the International Court of Justice awarding to the Temple of Phra Viharn to Cambodia," Thanat said in his letter.
Thanat did not refer to any legal principle to back up his reservation. Unfortunately, a map annexed with his note to U Thant said clearly: "The map representing the area where the Temple of Pra Viharn is situated, over which Thailand has 'relinquished' her sovereignty."
The Foreign Ministry's Treaties and Legal Affairs Department and the military's Survey Department since then have regarded the 1962 Cabinet's resolution and the annexed map as their guideline. They deemed that Thailand had given up her sovereignty over the temple, its base and 250,000 square metres of surrounding area to Cambodia.
Another legal question: is the inherent right and the reservation made by Thanat still valid? Some legal experts say Thailand has the right and the reservation exists permanently in accordance with Article 60 of the statute of the ICJ.
However, the interpretation of Article 60 by some academics is misleading, since it only says the judgement is final and without appeal. In the event of a dispute as to the meaning or scope of the judgement, the court shall construe it upon the request of any party.
There is not a single word mentioning the inherent right and its prescription.
In fact, the parties in the dispute have the right to revise the court's ruling but Article 61 of the ICJ's statute suggests that any application for revision may be made after the lapse of 10 years from the date of the judgement.
De facto, Thailand retreated from the temple 46 years ago. The right to resume Thai sovereignty has no solid legal grounds to back it up.
Cambodia has officially occupied the Hindu temple for 46 years. Before the application to list it as a World Heritage site, nobody doubted the temple was under Cambodia's sovereignty.
In its judgement on the merits of the case, the International Court of Justice (ICJ) in 1962, by nine votes to three, found that the temple of Preah Vihear was "situated in territory under the sovereignty of Cambodia".
The wording seemed to be clear that the temple was under the sovereignty of Cambodia, but many people raised legal questions about whether Cambodia's sovereignty covers only the ruins or includes its base and surrounding area.
Sovereignty is the burning issue for the case since the opposition has alleged that allowing Cambodia's application to take the temple's base and surrounding area into the World Heritage site could be deemed a loss of Thai sovereignty to Cambodia.
To learn about the rationale behind the argument, it is necessary to go back to 1962 when the Thai government interpreted the ICJ's ruling.
By consequence of the ruling, Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by the Kingdom at the temple or its vicinity on Cambodian territory.
In practice, the Cabinet in 1962 ordered the withdrawal of troops from the temple and its vicinity and drew a new line to determine the boundary for the temple.
Some academics and opposition Democrat Party members argue that the then foreign minister Thanat Khoman sent a note to the then acting secretary-general of the United Nations, U Thant, to express his government's disagreement and reserve the right, if any, to resume its sovereignty over the temple.
"His Majesty's government desires to make an express reservation regarding whatever rights Thailand has, or may have in future, to recover the Temple of Pra Viharn by having resource to any existing or subsequently applicable legal process, and to register a protest against the decision of the International Court of Justice awarding to the Temple of Phra Viharn to Cambodia," Thanat said in his letter.
Thanat did not refer to any legal principle to back up his reservation. Unfortunately, a map annexed with his note to U Thant said clearly: "The map representing the area where the Temple of Pra Viharn is situated, over which Thailand has 'relinquished' her sovereignty."
The Foreign Ministry's Treaties and Legal Affairs Department and the military's Survey Department since then have regarded the 1962 Cabinet's resolution and the annexed map as their guideline. They deemed that Thailand had given up her sovereignty over the temple, its base and 250,000 square metres of surrounding area to Cambodia.
Another legal question: is the inherent right and the reservation made by Thanat still valid? Some legal experts say Thailand has the right and the reservation exists permanently in accordance with Article 60 of the statute of the ICJ.
However, the interpretation of Article 60 by some academics is misleading, since it only says the judgement is final and without appeal. In the event of a dispute as to the meaning or scope of the judgement, the court shall construe it upon the request of any party.
There is not a single word mentioning the inherent right and its prescription.
In fact, the parties in the dispute have the right to revise the court's ruling but Article 61 of the ICJ's statute suggests that any application for revision may be made after the lapse of 10 years from the date of the judgement.
De facto, Thailand retreated from the temple 46 years ago. The right to resume Thai sovereignty has no solid legal grounds to back it up.
30 comments:
Why the Thai has a say in this business? Is UNESCO blind?
I really appreciate Author Supalak Ganjanakhundee for taking the just and truthful stand based on the legal rational reasoning in regards to the Khmer Temple of Preah Vihear. This clearly shows that not all Thais are still the Siems of Nan Chao that the Khmer find despicable.
Preah Vihear is distinctively and culturally of the Khmer people, and internationally recognized as belonging to the Khmer people or Cambodia. Any disgusting Siems of Nan Chao consider it otherwise, I suggest you animal Siems to pack up and go back to your ancestral shitholes of Nan Chao.
Yes, what else Thailand should do: shout up stupid their mouths and recognise that Preah Vihea belongs to Cambodia, situated in Cambodia land as proved in the maps 1904 and 1907, period. Don't worry as soon as the temple and the surrounding area are developed, Thailand is the one to benefit most, not cambodia, one stupid stupid person who don't know this.
The world court awarded Cambodia the temple as well as the surrounding area of 4.6 square kilometers per 1904 & 1907 Franco-Siamese treaty.
To all, Don't forget that Cambodian also reserv their inherent right to claim territories unlawfully taken by Thai and Vietnamese.
I demand The thai nation to establish a national apology day of Cambodia. Or I will fucking kill you. you fucking shit face mother fucker hahahha
I hope there is no Thai nationality in UNESCO position.
UNESCO is blind of what?
Cambodia have all rights to list this as WHS.
WHS=World Heritage Site
Cambodia needs to speak up and present the world or UNESCO with all documents in this JULY.
We need to shut the Thais in the face.
They are so greedy and dumb as monkey.
No wonder god punish them with all shemales and gay hookers in Bangcock.
Khmer will win regardless!
Jayo! Jeat Khmer
Jayo! Chart Khmen (Im Khmer/Thai live in Thailand and support my brothers Khmen too).
Khmer can go alone without the greedy Thai objection to have our Prasat Preah Vihear listed.
There is no need for them interfere with our business.
ICJ must support Khmer with that 4.6km2 regardless. Cause alot of Khmer's land that we can still reclaim from Thailand.
Almost every generaton of Khmer see the lost of our lands and sea to the neighbors.
HUN SEN must act more in term of national interest. Not just for his party (CPP) or his clans or his pockets.
HUN SEN must scold the Thai!!!!!!!!!!!!!
No, they can't register the temple that belongs to indigenous Khmer in Thailand.
Wrong! They are indigenous, theya are Khmer they should bring that province Si SA Ket to join Cambodia.
fuck you! khmer is no indigenous!
the thai is retard thinking about this shit! Khmer wanna be
If there is a second POLPOT oppress your people again,don't ever dream to have a safe heaven in our soil again , we will grill all of you alive.What a bunch of ungrateful shit.
safe heaven ACH ANH. we were bullied by your soldiers. It is the pressure from international community that helped us. and you earned a lot from khmer civil war.
EUY THUNH NAH, khmer patriots, let's have a big party if Preah Vihear is registered. I will invite my thai friend to join.
There is no such thing as Cambodia sovereignty at the tip of 600 meter high cliff, and you don't needed Phd to figure that out, a good common sense said it all.
10:38 PM I was there in the refugees camp my friend Siam you abuse us big time.
If Siamland is to go down in the near future should I remember your words?
Sorry I'm the one to decide!!!
11:59 PM
Obviously you didn't too well at school because you still didn't figure out 1904 and 1962.
You mean you want me to be brainwashed by your infidel protectorate's school to accept that the temple belongs to you after they stole it from us, 12:02? Don't hold you breath on it, buddy.
good, the article above is in black and white and sounds unbias and reasonable in accordance to the articles of laws in the icj code. thank you. see, careful scrutiny will reveal cambodia as the winner, regardless of any thai argument. the law of icj has its verdict of justice to cambodia, of course, unlike the thai's argument; and that is why icj did not agree with thai argument in the first place as it is so illegal and unlawful to say the least. really, i urge unesco to abide by the icj and UN laws of international treaties, etc... we can not let subjective feeling overwhelms the professional and good ethical codes of laws, and this is what thailand is doing right now. that is not right! it is like me arguing with my next door neighbor over a car we saw and wanted but the neighbors happened to buy it first before me. it makes no sense. god bless cambodia.
Siamese have no right to claim Preah Vihear what so ever:
1- Preah Vihear wasn't ever belong to Siamese legally.
2- Siamese was not a nation who built this Temple.
3- Siamese have been stolen more than half of Khmer territory, firmly occupied Khmer Land and Khmer populations ever since.
4- Prasaat Preah Vihea is Khmer belonging was built in Khmer territory by Khmer Empire's KING, furthermore in 1962 ICJ legitimatly legallized rewarding to Khmer Nation.
5- Siamese did not proclaim within 10 years after decission of ICJ 1962, though they completly lose legitimate right.
6- Siameses are the New creation Nation Just after 13th century.
Therefore Khmer people in Thai nowaday are not Siamese nor Thai, they are Khmer period. these people should be reunited with Brothers & Sisters in Cambodia.
Siamese politically is violating, Interfering Cambodian souvereignty and should be punished by ICJ any their claimed relevent to Cambodian affairs.
God bless Khmer all! down to Ah Siamese!. PL.K
To all the Khmers living in Thailand. We are the majority of Khmers poeple living in Cambodia have no objection to your claims to the temple. But, we object to claim by the thai government and its people. They are not khmers, you know that because they speak thai. If they claim that they are khmers, then they should not should respect to the siam king. They should follow the khmer king. Period.
12:44 AM
Why wasting my time when your king already did a wonderful job on you brain.
You don't have to convice us, your job is to convince the world.
So save all your breath for the upcoming big task!!!
thai and laos is retard people, they can't ever get enough of this shit.
Nope, they have not had any war years now, unlike Ah French Karmen in Cambodia.
I see more Barang thais in Thailand. Look at almost all of their public figures like movies stars. They are just offsprings of the barang. Go to Bangkok and you'll see how the thais want to have mixed blood with the barangs even they have to sell their bodies.
My sympathy to Cambodian people. The hated comments toward Thais are understandable. What I have learned in Thai history is that Thais had been cruel to Cambodians. For instant, King Naraesuan had the Khmer king beheaded and used the blood to wash his feet in Phithi Pathomkam.
I am Chinese Thai American, but always think I am Chinese first. Thai political and aristocratic cultures always sicken me.
Dear Friend, Thai, Khmer !
I am a business man a think of development and Economic, when we have war each one will lose. I will tell you what will lose:
(1). Thai will lose people and lose his name in UN because he violated the UN Law, These centuries in not a year of Nan Chao Thai Tribe Expension !
(2). Cambodia also lose of their people and business, but Cambodia get win alrady on teaty and lawfull act according to UN judement.
(3). These two nation will lose 3 Billion dollars of business in the Areas of Preash Vihear. Because these one will be a world site for tourist and link to Lao, Thai...etc
(4). If war happened Thai will destroyed , apart of their land in the south will be dependent by Thai Muslim. Some part of Thai -Land will be independent state shuch as Surin, Borey Ram, Sisaket, NorKor Reach Sey Ma,., some part of Thai land will get by Myamar and Mon as well.
(5). China, French, Vietname and US because Khmer have petrol for them they used that for buying any weapons to destroy Bangkok. Phnom Penh not so much business then if it is destroy can be built in one day but Bangkok will lose forever.
(6). Ahuge of petrol in Tonle Sap even richer than Irak. ready block of for petrol business and make it used for Usa, china, Vietnam, France so if Thai have war on Cambodia THIS TIME not during invading Cambodia during longvek. This baby tiger will respond back.
(7). Thai will died becaue business data counted a round 4 billions per year for Cambodia markets. Malaysia, Mayamar, Singapor, they never buy Thai products because we noticed that those people dislike Thai people so much the Thai they know themselves.
(8). Thai King lose his face based on law, I think he know but her stupid queen Surin Thorn she the one who designed the Master Plan to Take preash Vihear Back.
(9). May be they fall in to war as predicted by the King of The King of Mountain, Funan, said: '' One day Bangkok will destroy, Siemses Run different direction away, Khmer under one Por Tree, Phnom Penh Destroyed, and Happy at Angkor Wat, The end of Siemese, Thai '' The Youn stay in one boat, Pock Chaev.
(10). Vetnam are so happy, she will a very strong country, have a huge of land, and even now have business with Cambodia more than one billons usd. They increased business after the fight of Thai Embassy in Cambodia.
Thus the solution two nation must learn to live in peace it is the year 2008 surin thorn ! not the time of Tali that your Thai nation born as a small hill tribe, The time of Nan Chao, in Younan China ! Hun Sen it is a not a Time of King of the Mountain, Funan ! you have to make peace we are fopreign business man we see and headache !
Compared about the jet Fighter !
Khmer they do ot have it but they used to have very strong military the ex.polpot they said they are so hungry to fight siemese. The Thai military have only weapons but people just learn from the school they even so fat how they can fight with Khmer. We are vietname Cambodian will sent only half million special military the Thai will down in one minutes.
We will see that when two dog fighting the Siemese dog will loss his land. Malaysia have been prepared military to get the south of malaysia back. Because these land is belonging to Malaysia not sptupid Surin Thorn just born ! We are muslim we are so happy to joined these war !
While Khmer people are celebrating their victory on Pra Viharn Temple (or shall I say “Modern Trojan Horse with foreign corporations inside not Thai”?), I begin to think what’s likely to happen in the future is that the ICJ’s decision will conclude as follow:
“Rather than continue arguing endlessly about which country owns the disputed area, a much better approach would be for both countries to immediately agree that it is something akin to an “international peace park,” with neither side claiming “sovereignty”.
Meanwhile in the Cambodia’s heartland, more than 70% of useful land were 99 years “land leased” by foreign corporations approved by The Great King Hun Sen. This is a new method of “Modern Colonization”. Kingdom of Cambodia will be renamed as The New Kingdom of HUNSENIA.
I am sorry to say that but this is happening now. Can’t you see that Childish Thai and Khmer were played like Toys.
Post a Comment