Opinion by Dyna Seng
The Cambodian government has tried to solve the crisis through diplomatic actions. Failed! After the bilateral negotiation, Gen. Bunsrang Niampradith said the Preah Vihear crisis was about LEGAL problems. Because the problems are LEGAL, the solutions need to be sought through legal action.
The Cambodian asked for the UN Security Council Intervention to defuse the crisis. Some senior Cambodian government officials also said that if the Council failed to find solution, Cambodia would go to the Court again.
Would it be necessary to file the case to the Court? What can we ask for? The execution of the 1962 judgment? No!
According to the Court Statute, the State parties can bring the case back to the Court only in two cases: to ask for an interpretation of the Court decision (article 60) and to ask for its revision (article 61).
The Thai government has not officially contested the meaning of the 1962's judgment. But by refusing to use the "Annex I" Map, Thai rejected the court's judgment itself. Indeed, the Court recognized the "Annex I" Map to rule 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."
Therefore, it is about the non-execution of the ICJ decision. What can we do?
According to article 59 of the ICJ Statute, "The decision of the Court has no binding force except between the parties and in respect of that particular case." So Thailand and Cambodia have an obligation to respect the 1962 judgment about Preah Vihear.
The UN Charter, Chapter XIV "The International Court of Justice", article 94 states that:
Dyna SENG
Master of International Affairs
Institut d'Etudes Politiques de Paris
The Cambodian asked for the UN Security Council Intervention to defuse the crisis. Some senior Cambodian government officials also said that if the Council failed to find solution, Cambodia would go to the Court again.
Would it be necessary to file the case to the Court? What can we ask for? The execution of the 1962 judgment? No!
According to the Court Statute, the State parties can bring the case back to the Court only in two cases: to ask for an interpretation of the Court decision (article 60) and to ask for its revision (article 61).
The Thai government has not officially contested the meaning of the 1962's judgment. But by refusing to use the "Annex I" Map, Thai rejected the court's judgment itself. Indeed, the Court recognized the "Annex I" Map to rule 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."
Therefore, it is about the non-execution of the ICJ decision. What can we do?
According to article 59 of the ICJ Statute, "The decision of the Court has no binding force except between the parties and in respect of that particular case." So Thailand and Cambodia have an obligation to respect the 1962 judgment about Preah Vihear.
The UN Charter, Chapter XIV "The International Court of Justice", article 94 states that:
- Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
- If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
Dyna SENG
Master of International Affairs
Institut d'Etudes Politiques de Paris
26 comments:
A good idear and research
i like to thank Dyna Seng for brought that court documents up. i wish thai P.M would take a close look in that fine prints.Thais brought this matter to their own hands.what would happen if the thai side lost and they will, eventually in a matter of days. once the u.n make their decision.
This is clear and concise.
Mademoiselle Dyna Seng, you are sweet and wonderful. Thank you for your wonderful input, dearest. Actually you idea is not new, and the Thai leaders are aware of the matter. The surrouding area of the temple had already been awarded to Cambodia already because the Court used the French-Siam Map of 1907 that clearly included the temple and the surrounding area as a part of Cambodia. Great minds, they say, see the same truth.
Best Wishes to you and your family.
Dear Mr. Seng Dyna,
We are absolutely agrred with you.
Cambodia should ask for "the VIOLATION OF CAMBODIAN SOVEREIGNTY and the VIOLATION OF THE ICJ'S DECISION " and " the Council to TAKE MEASURE TO GIVE EFFECT TO THE COURT'S JUDGMENT". The main purpose is:
1) to presure Thailand to recognize annex I Map endorsed by ICJ as legal ground to demacation work
2) to withdraw Thai troop from invaded territory to situation as pre-Jul15,08
3)International community know the true face of Thailand as invader and impose sanctions
4)to delete the term " dispute areas" as claimed by Thailand on Cambodian territory.
There you go! Hit the Thaicong where it is hurt the most!
Well, I am not law expert or sth. I am a commoner. I think we should think of what is the Thais are thinking. So my question maybe stupid.
They already accepted Preah Vihear temple in Cambodia territory and under Cambodia sovereignty. They interpretes the ICJ verdict that only the PV is under our sovereignty, not the surrounding area. So what the thais are playing is the surrounding area that they said was not included in the verdict.
Therefore,if the Thai claims that they are only dealing with the surrounding area not the temple, so it becomes another case, issue and conflict. So why can't we bring that case to the ICJ, Shoul the UNSC fail to find out a resolution?
11:31, don't make it so hard for yourself. Legally, based on the French-Siam map of 1907, the temple and the surrounding area are marked as belonging to Cambodia. So that is a true fact. After Cambodia had got her independence from France, Thailand moved in to take over the temple and the surrounding area. Cambodia then sued Thailand in the world Court. However, Cambodia asked the Court to declare only the sovereignty of the temple. The Court, using the Franco-Siam map of 1907, declared that the temple belongs to Cambodia. Here we Khmer must note the IMPLICATION of the Court. If the temple as marked in the map belong to Cambodia, therefore the surrounding area around the temple must also belong to Cambodia. In fact, the COURT did say that the surrounding area belongs to Cambodia. However, the stubborn Thailand still wants to take over the surrounding area of the temple. So our next plan of action is to take Thailand back to court to ENFORCE the Court's judgement. YES we can take them to the international court of law again. There is no question asked. However, Thailand wants to avoid it and that is why it has been using bullying tactic against the State of Cambodia. But we know their tactics. We aint scare. We are civilized and we will fight them in court all over again.
Thailand has the right to ask for a retrial because it did not agreed with the ICJ verdict in 1962 that is based on the Nazi French treaty. It legally has a 10 years period to ask for a retrial, but the civil war in Cambodia in 1970 (or 8 years after ICJ verdict)had prevented it from doing so. Therefore, if all talks and mediations fail, Thailand should asked for a retrial of the Preah Vihear temple and its surrounding area all over again based on a mistrial because the court did not take into consideration the evidences that determined the real owners of the properties in dispute.
I want to congratulate Ms. Dyna Seng for her articulate writings and I wish you are included in the Cambodian delegation with H.E. Hor Nam Hong to represent Cambodia in the UN.
Law is Law and Thailand is clearly in violation of the international law. The security council must condemn thailand, and measures be taken against Thailand!
The Thais' government are preparing the war planes, Canons, Tanks, Machine guns and other needs from 4th&5th Reginal. The Thais troops moverment are to mass along the Khmer' border within 2 km inside Thais' territory.
If the talks fail, the war the begin and to teach the Khmene a hard lesson. The Vietnam will chair the talk. The Vietnam must help Thailand to win the case, otherwise Vietnam will face all the white zones along the Khmer-Vietnam border too.
to 12:11pm #1
You sound so ignorant! The Franco-Siamese treaty of 1904-07 was signed by your stupid King Chulalong-Kooy. It was a bilateral border agreement between Siam and France (then protector of Cambodia).
Preah Vihear was built by King Suryavarman II (a Khmer king) on Khmer soil and for his Khmer subjects, not Thais! It is culturally Cambodian. So Cambodian are the real owner of the temple.
Please refer to the judgment of 1962 again. The decision is final. Thailand can appeal within 10 years but she did not do so. It is now 46 years! The civil war of Cambodia of 1970-75 has nothing to do with your appeal. Thailand simply did not have the evidence to contest.
The judgment stated that the temple and the surrounding areas belong to Cambodia 100%
Please stop being so ignorant, "Ai bah Thai jone haa roy"
Thailand need not to waste too much on this war. Just keep it going lightly and let everyone suck all the oil from Cambodia first, and they will be slave forever.
And then, in the second phase, Thailand can lobby everyone to support them on the temple and its surrounding area, and voila: BIG WINNER!
I am a student studying in Japan. I constantly follow the issue (even I feel, I lost concentration on my studies). I have read the verdict of ICJ, and based on my understanding, the court decision is clearly based the the Annex I map, they did not even raise the historical fact of the temple to consider. Therefore, it is no doubt that Annex I map is the rightful boundary map of Cambodia and Thailand. It should be notified that the only matter that took the time of judgment is that this part of border (Annex I map)was not directly accepted by the Siam in the treaty. However because they had used the map (Annex I) including republishing, it imply that the Siam accept the map (indirectly). That was the reason the ICJ awards the temple (and of cause the land cited in the Annex I map) to Cambodia.
When the Khmer fight with the Thais this time, they will go all the way to Bangkok...your royals' and leaders' heads will be rolling on Rajdamnoen Blvd.
Voila, we will regain our lost territory back again!
12;32PM. Wow so arrogant. Try Khmers. The last King is Bhumibol the monkey. There an't no more monarchy in Thailand. Ya will see.
12:30, I am not denying that the Thai signed the treaty, but the French was a mean greedy conquerer, just like Japanese.
You king also sign treaty with the Japanese. So what difference does it makes.
As for Preah Vihear, I am not denying that it was build by Khmer's King for Khmer people, but the Khmer is divided into Khmer Leu and Khmer Kandal. Thus, which Khmer is the owner of Preah Vihear and the surrounding area?
And yes, indeed the court awarded Preah Vihear to Cambodia, but you can't say that all court's verdict are correct. There is a flaw here. Using a Nazi French's treaty as a base for the verdict is immoral. What they should have done is to base their verdict on evidences that determined which Khmer owns the temple and the surrounding area. If it is Khmer Leu, then the temple will have to go to Thailand because those Khmers are Thai citizen. Otherwise, the temple will go to Cambodia.
12:41, you are correct. On that Franco-Siam Map of 1907, the temple and its surrouding area belong to Cambodia. If the temple belongs to Cambodia, so does the surrounding area. End of discussion. If the Thais are not happy, then they can go to court.
12:11, you want to know the real owners of the area??? Well according to historical facts, Thais detached the area from CAMBODIA. Then French got it back for Cambodia. Therefore, the stolen property of Cambodia is being returned to its rightful owners once again. Anything you want to argue about is simply retardation. Hahaha.
to 12:45pm
Our Khmer empire from the 9th-15th was very vast. The temple was built by King Suryvarman and for his khmer subjects and now they are the modern Cambodians--Khmer Kandal. Khmer kandal never deny their brothers Khmer Krom, Khmer Leu, etc. of their visitation rights. It is modern Cambodia that have jurisdiction right to Preah Vihear, not Thailand or Vietnam.
Big thank to Dyna Seng for sharing very good ideas.
Khmer-Empire
12:45PM. Respect the international law. Cambodia or Srok Khmers or Khmer Kingdom still exists albeit Thais from black river took more portions, Khmer Kingdom still exists.
Thais have a reputation of being dishonest, and this Preah Vihear issue is not the first time.
Bhumibol, King of Thailand is being viwed as a dictator using absolute power behind the throne to overthrow the elected official government, and PAD's neo-Nazis he created does it tell you something?
What ground do Thais have after lost the case at CJI. Thais have never been Hindu, and this Temple was built by Khmer King, and the spirit world of the Kings in our past empire want to stay with their own children in Khmer Kingdom (Cambodia) that's why His Majesty Sihanouk won.
Move on and stop deceiving others around the world. You took our belongings and we got it back, does not matter through what but we got it back.
Claiming as a Buddhist Nation but Thais are deceptive.
How can you let big fish negotiate with small fish. If that is the case, big fish will eat small fish!
Outside intervention is necessary. Thailand is a deceptive country and will use all its means to fool the world. The present chair of ASEAN is a Thai (Surin Pitsuwan). ASEAN wants nothing to do with the conflict. Only international law of the UN is deemed necessary to safeguard law and order. It must act fast to prevent a war.
Small businesses negotiate with Giant corporations all of the time, and they always find mutual agreements among them. So what difference does it makes for Cambodia to negotiate with Thailand. They are good business people. The will not hit you and run. They want long term relationship. So stop being so paranoid.
Is Thai a giant one? NO. Thai just a small sheep in ASEAN and in UNSC as Cambodia. Thai's voice can not dominate UNSC. Thai is playing diplomatic and so Cambodia
i just wonder,if the Thai ignore the U.N ,UNSC,OR ICJ on the ground that those are biase and not fair to them,will the U.N and the others have the ways to enforce the law ?
Damn! i am late....the article was written in 2008; however, since the issue has prolonged up to today, i feel that the story remains relevant the issue, in particular what has thathappened recently on the diplomatic relation between Cambodia and Thailand.
Dyna Seng, i am so glad that a man who comes from my home town Rokadandal, Kratie, wrote this article man! welcome. I asked, Mr. Near in Kratie your name to make sure it was you.
Good research and you go straight to the point. I have also read the judgment of the ICJ, the merit one. It helped me see clearly the Hindu Temple on the cliff of Dang Rek maintain range by the wise verdict ruled out by the court whose judgment entirely based on Annex I Map Franco Siamese 1904-06-07.
However, what i am afraid of is that Thailand didn't recognize the Annex I Map because Cambodia government didn't use that same map(Franco-Siames) for the additional border treaty agreement signed with Hanio in 2005 thus giving Thailand the chance to reject Annex I Map.
Here is my question:
Can a country have different maps for each country it borders with?
I am not a lawyer, so i would be really glad someone can answer.
Dyna Seng: you can write me with my personal email at serviceatfreelance@gmail.com
Post a Comment