Monday, May 30, 2011

Cambodia launches legal fight in UN's top court

Cambodia will tell the court that clashes with Thai troops at Preah Vihear have increased since July 2008 (AFP, Valerie Kuypers)

Monday, May 30, 2011
By Jan Hennop (AFP)

THE HAGUE — 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 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.

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 told reporters.

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 told reporters in Bangkok that it was "unncessary" 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."

The 11th-century complex has been at the centre of an ongoing legal wrangle 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.

16 comments:

Anonymous said...

The story of Preah Vihear temple disputed is no different then that of King Solomon and the baby story.
King Solomon wants to split the baby between two mothers to find the real mother! Of course most real mothers would never agree to split or kill their own baby! The real mother will show unconditional love and will not allow any harm to the baby and willing to give up everything for the sake of the baby!

As for Preah Vihear temple both Cambodia and Thailand claimed as their temple and both countries are willing to do anything to have the temple under their sovereignty.
But one thing is crystal clear is that Thailand is willing to destroy the Preah Vihear temple and there is evidence of Thailand shooting at least 400 artillery shells at the temple. If Thailand care so much about the Preah Vihear temple and why would Thailand want to destroy the temple in the first place? This is to show that Thailand is not a true guardian of the Preah Vihear temple!

As for Cambodia and Cambodian leadership have taken all necessary steps within their power to protect Preah Vihear temple and willing to accepting USNC recommendation and ASEAN leadership to solve the Preah Vihear temple issue! Cambodia is the true guardian of Preah Vihear temple!

Anonymous said...

Why Thailande with an 'E'?

Strange.

Anonymous said...

11:33 PM,

That's French.
Just like Cambodge instead of Caambodia.

Anonymous said...

Cambodia must assure to the UN
court that Vietnam also must withdraw its troops from its territory.

Anonymous said...

ប្រកែកតែពីរឿងសៀមប៉ុន្តែធ្វើមិនដឹងអំពីរឿង
យួន។

Anonymous said...

12:25am, i'm with you, however, be informed that this case is specifically about siem stealing and violation of cambodia's preah vihear and has nothing to do with youn stealing koh tral and mekong delta region, you know! be specific as that is anothe case to itself, ok! my point is don't mix things up, it is a case by case basis, ok! get educated already and don't look so stupid with the court, ok! that's all!

Anonymous said...

God brings calamity upon the world for the sole sake of Israel!

Anonymous said...

1:13 AM

What is that mean?

Anonymous said...

EVIDENCE OF POLITICALLY-MOTIVATED EXTRAJUDICIAL EXECUTIONS AND KILLINGS OF FUNCINPEC LOYALISTS.

LIST OF INSTANCES OF EXTRAJUDICIAL EXECUTIONS during 1997 coup by PM Hun Sen. These people with their name list below were murdered by PM Hun Sen.

• Ho Sok, 45, Secretary of State at the Ministry of Interior and second ranking FUNCINPEC official in the Ministry of Interior.
• 2-3. Gen Chao Sambath, alias Ngov, Deputy-Chief of the Intelligence and Espionage Department, RCAF Supreme Command since 1993
• 4 and 5. Maj. Gen. Ly Seng Hong, Deputy-Chief of Staff, RCAF General Staff (second highest-ranking FUNCINPEC official in the RCAF General
• 6. Colonel Sok Vireak, Chief, Transmission Bureau, Army General Staff. A former KPNLF General Staff officer in charge of military training who joined Nhek Bun Chhay after the Paris Agreements. Status
• 7. Colonel Thlang Chang Sovannarith, Deputy Chief-of-Staff of the Fifth Military Region, RCAF General Staff
• 8. Colonel Hov Sambath, Deputy-chief of Military Training Bureau, RCAF General Staff
• 9. Lietenant Colonel Sao Sophal, 42, an officer of the First Bureau of the RCAF General Staff.
• 10. Navy First Lt. Thach Soeung, aged about 30, an ethnic Khmer from southern Vietnam, stationed at Dang Kaum Navy base on the eastern bank of the Tonle Sap.
• 11 to 14. Seng Phally, Lt. Col. Chao Keang, Chao Tea and Thong Vickika - security officers working under Gen. Chao Sambath.
• Seng Phally, alias Huot Phally, aged 25, single, a gendarme who worked as chief of the security team at the Pipoplok 2 Hotel/Casino
• Lt. Col. Chao Keang, aged about 25. He was an officer in the Research and Intelligence Bureau of Chao Sambath
• Chao Tea, 29, brother of Chao Keang, a security guard at the Regal Hotel/Casino. His body bore a bullet hole in the left side of the chest and in the right side of the stomach. He was also handcuffed and blindfolded
• Thong Vicchika, aged about 27-28, a body-guard of Chao Sambath and a security staff at the Regal Hotel/Casino.
• Dr. Seng Kim Ly, a military medical doctor
• Major Lak Ki, Head of Operations, Research and Intelligence, RCAF High Command
• Four unnamed body-guards of Nhek Bun Chhay were summarily executed after his office-cum-house in Somnang
• Major Lak Ki, Head of Operations, Research and Intelligence, RCAF High Command
• Pheap, a body-guard of Major Lak Ki, in his late twenties
• Dok Rany, 27, an officer and body-guard of Gen. Chao Sambath who worked at the Research and Intelligence Bureau
• Ros Huon, aged 23, Sopheap, aged 25, two alleged members of the Gendarmerie
• Dok Sokhun, alias Michael Senior, a Khmer-Canadian journalist who taught English at ACE Language School in Phnom Penh
• Major Aek Eng (CPP), Head of Administration of Phnom Penh Thmei police station

Anonymous said...

• At least four, and possibly up to 22 persons described as FUNCINPEC soldiers executed and cremated in Pich Nil on 9, 10 and 11 July 1997 by Military Region 3 soldiers. Status: Confirmed executions in at least 4 cases
• 34 to 36 (and possibly 45). On 17 July, at about noon time, the body of a soldier was witnessed floating near the bank of the Tone Bassac near the Watt Chum Leap, in the village of the same name, Rokakpong commune, Saang district, Kandal province. The body was headless and both hands were tied up behind the back with a kramma. It was dressed in dark olive military uniform
• 37 and 38. Two unidentified men, blindfolded and with their hands tied behind the back. Status: Confirmed executions
• Pheap, aged 33, a bodyguard of the First Prime Minister. Status: Confirmed execution.
• Sok Vanthorn, 21 and Sou Sal, two villagers from Ampeov village, Kompong Speu province. Status: Confirmed execution.
• Brig. Gen. Chea Rittichutt, a founding member of the Moulinaka movement and the Governor of Kep-Bokor
• Navy officer Meas Sarou, Deputy-director, First Bureau, Navy, based in Chrouy Changvar, and one of his body-guards, and a third person, a woman named Luch.
• Ung Sim, Second Deputy Governor, Kompong Speu province - missing since his arrest, reportedly near Pich Nil by CPP soldiers on 7 or 8 July 1997.
• Col. Sam Sarath, Deputy Chief-of-Staff, Third Military Region
• Put Som Ang, male, aged 42, a KNP activisit in Siem Reap province, and Sam Sophan, 38, an activist in Takeo province
• Major So Lay Sak and Major Chin Vannak, officers working in the Logisitics department of the RCAF General Staff
• Som Taing, Deputy Chief, Inspection Office, Provincial Governor's Office, Kompong Speu
• Chum Sarith, Chief, Criminal Bureau, Provincial Police, Sihanoukville
Forty-six bodies were brought in and dumped at the crematorium of a Phnom Penh pagoda between 5 and 9 July
In the case of Ho Sok (executed on 7 July, brought to Watt Lanka on 8 July); of Seng Phally, Chao Keang, Chao Tea and Thong Viccheka (executed on 5-6 July and brought by the police to Wat Unalom on the morning of 7 July - see cases number 13-16 above) and in the case of a fifth corpse which was brought to the same pagoda on the same morning, but which could not be identified, the police ordered that cremation of the bodies be conducted without question and without proper cremation permit.
Between 9 and 11 July, according to a variety of reliable corroborating accounts, the bodies of 4 and probably up to 22 soldiers were alleged to have been executed in Pich Nil and burned
Plus many and many more names with lose count that order and executed by Hun Sen and CPP.

Anonymous said...

Koh Tral Island must not be forgotten

By Ms. Rattana Keo

Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 30 000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?

Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 30 000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?

Koh Tral Island, the sea and land area of over 30 000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?

The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.

Who signed the treaty 1979-1985 that resulted in the loss over 30,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?

Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?

Smart Khmer girl Ms. Rattana Keo,

Anonymous said...

Var Kim Hong does recognize that Cambodia, if compared to the colonial Service Geographique de l’Indochine scale map 1/100,000 and the 1985 delimitation treaty, will loses 9,000 hectares; and compared to U.S Army Mapping Service scale map 1/50,000 with the 1985 Treaty, would lose about 7,900 hectares to Vietnam. This statement was confirmed by Var Kim Hong to Mr. Touch Bora Esq through a telephone conversation on 30 August 2002 at 4:30 p.m. (Sydney time), which Mr. Touch Bora Esq wrote in his letter dated on 9 September 2002 sent to Sam Dach Ta Noroudom Sihanouk concerning over border affairs.
In fact, the loss is absolutely more than the 1000 square kilometers stated by MP Sam Rainsy in his statement, if we add the size of the historical water of 30000 square kilometers awarded to Vietnam under the 1982 Agreement which has been into affect and now already become under the full control of Vietnam. And this would not be the last if the equidistance principle be used to delimit the maritime boundary, Cambodia will lose an additional area of sea and seabed measuring at least 860 square nautical miles from the Brevie Line to the north, analyzed by Mr. Touch Bora Esq or another 10000 square kilometers confirmed by Mr. Sean Pengse, the President of the Cambodian Border Committee Worldwide, which exclusively include another Koh Poula Wai to Vietnam added to the previous lost islands- Koh Tral (Dao Phu Quoc) and Koh Poulo Panjang (Dao Thu Chu).

This is why sVar Kim Hong said in front of Students´s Movement for Democracy (SMD), and Sam Dach Ta Norodom Sihanouk on 22 Janaury 2000 during our audience with him concerning the border resolution with Vietnam that; “If we want peace, we must sacrifice our flesh to the tiger.” The truth is discovered now that, “Sacrifice the flesh to tiger actually means cutting our land to the Viet.” This word was clearly spoken out from his mouth and there were Sam Dach Ta as witness and 31 members.

We must condemn this Var Kim Hong for his role in helping the traitorous regime of Hun Sen.

Smart Khmer Girl Ms. Rattana Keo,

Anonymous said...

The United Nations' highest court please tell Thailand and Vietnam to leave my Country alone! As the world known part or whole of both Country is part of Khmer empire! Millions of Thai people speak Cambodia and Vietnam too! Why?
Because This is a timeline of Cambodian history. See also History of Cambodia and the list of Cambodian rulers. 9th – 10th – 11th – 12th – 13th – 14th – 15th – 16th. Please leave my people and My Country alone! Thank you!!!

Anonymous said...

Me again from 7:21am. I am not a politician! Just a simple Khmer person that love my people and Country! Thank you!!!

Anonymous said...

"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."


= Well if the Thai government claimed to follow the ruling since 1962 hand down by the World Court and why Thai government has not turn over those statues and relics stolen from Preah Vihear temple back to Cambodia? Why? Why?

Thai government looted many artifacts from Preah Vihear temple and the Thai government must turn over to Cambodia and until now Thai government has not done that!

Action speak louder than words!

Anonymous said...

Hor 5 Hong should be replaced with other young bright Khmer leader who knows a lot of Khmer history. Hor 5 Hong is not an effective leader because he is very slow, weak, not knowing enough Khmer history and not able to speak English. Hor 5 Hong is a Yuon bastard who served as Khmer Rouges army since he was a secret Vietcong agent like other secret Vietcong agents hiding among Khmer Rouges troops.

This Yuon idiot needs to get out of Cambodia and move to Vietnam which he is belonged.

He is a very stupid old Yuon man!