Thailand the Laughing Stock of the World by saying: "ICJ is not apt to rule on border dispute" -- while ICJ has done so over last few decades for many countries with similar issues

Border 'not within jurisdiction' of ICJ

Thailand presents case on temple land today

30/05/2011
Bangkok Post

Thailand will tell the International Court of Justice today that the court has no jurisdiction to judge the borderline of countries in dispute such as itself and Cambodia.

This is a key part of the country's response to a request filed by Cambodia concerning the fate of land surrounding Preah Vihear temple on the border.

It will deliver the message at the United Nations' highest court in the Netherlands in a two-day hearing starting today.

Prime Minister Abhisit Vejjajiva said yesterday Thailand was ready to fight the case.

"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 [on Preah Vihear ownership] issued in 1962," he said.

In 1962, the court ruled that Preah Vihear temple is situated in Cambodia. Thailand complied with the ruling but argued that the verdict covered only the sandstone ruins while the area around it belonged to Thailand. Cambodia recently asked the ICJ to interpret its 1962 judgement to establish if the land in the temple's vicinity also belonged to it.

It also asked the court to order an immediate and unconditional withdrawal of Thai troops from the land surrounding the temple and to ban Thai military activity in the area.

Foreign Minister Kasit Piromya met the country's legal team, including foreign lawyers from France, Canada, and Australia, in the Hague yesterday to prepare evidence to back its statement to the court today.

Thai ambassador to the Hague, Virachai Plasai, will head the country's team at the ICJ.

Mr Kasit told ThaiPBS TV which is covering the issue in the Dutch city that the legal team would argue that the court had no authority to rule on boundary lines, which should remain out of bounds.

He said Cambodia had contradicted itself in its petition to the court since it had earlier accepted that the demarcation work of its boundary with Thailand had not been settled. Cambodia had signed a memorandum of understanding in 2000 to establish a joint boundary committee to solve the boundary dispute, said Mr Kasit.

In addition, Thailand and Cambodia have at least three joint memos drawn up under the Joint Boundary Commission about the development of the border demarcation negotiations.

Chavanond Intarakomalyasut, secretary to the foreign minister, said Thailand would inform the ICJ it had never encroached on Cambodian territory based on its map which was recognised internationally.

The two countries will deliver verbal statements to the court today and tomorrow.

At the ICJ today, Cambodia's legal team will deliver its statement in the morning session, while Thailand's legal team will speak in the evening.

Mr Virachai will be the first one to speak, followed by the three foreign lawyers. The court will question the legal teams of the two countries tomorrow.

It is expected that each side will take three to four hours to present its argument. The ICJ is expected to spend four to five months considering the case. Its verdict is expected early next year.

Mr Abhisit said support was building for Thailand's request to Unesco that it postpone considering Cambodia's management plan for Preah Vihear temple until the two countries settle their border dispute. "It's normal for Cambodia to oppose our [postponement] proposal. However, the decision belongs to the World Heritage Committee," he said.

A Unesco-organised meeting on Thursday and Friday ended in deadlock when Cambodia opposed Thailand's move for a postponement. The management plan has been placed on the agenda of the WHC's session on June 19-29 in Paris.