PLE Priatna, Jakarta
The Jakarta Post
Cambodia shocked Thailand recently, after owning the Preah Vihear temple for 49 years. On April 28, 2011, Cambodia submitted a request to the International Court of Justice (ICJ) for an interpretation of the Court’s judgment from June 15, 1962. After a month, the ICJ began hearings at the Hague on May 30-31, 2011.
“Only the clarification of the verdict on June 15 from the ICJ can end the border dispute. The border conflict does not end with a ceasefire or the third-party observers, which can only help ease the tense situation for awaiting the border resolution,” Cambodian PM Hun Sen said at a graduation ceremony at the Royal University of Phnom Penh on Feb. 22, 2011.
“It’s impossible for the joint management plan for Preah Vihear temple with Thailand [to work],” Hun Sen reiterated recently.
Will the ICJ’s clarification bring peace and end the current Thai-Cambodian conflict permanently? Will the ICJ’s decision be good for ASEAN, as well?
Cambodia brought forth a legal petition to the ICJ merely to find legal justification to urge Thailand to withdraw its military from the sites, to ban all Thai military activities at Preah Vihear’s border and to stop acts that can be categorized by Cambodia as intervention.
To counter this, there are three basic arguments for Thailand that have been made against Cambodia, as argued by the head of the Thai delegation at the ICJ.
As Prof. Alain Pellet said, “Thailand believed the Temple case of 1962 was not related to the issue of the boundary line — and since Thailand had duly complied with the ICJ judgment, there would be no issue requiring interpretation.”
Furthermore, Prof. James Crawford said, “[The] ICJ had no jurisdiction and authority to make additional decisions for Cambodia, as the case was outside the scope of the Court’s jurisdiction.” Prof. Donald M. McRae further added that Cambodia’s request for indication of provisional measures “did not satisfy the court’s criteria.
The ICJ had no urgency or imminence to justify the demand of Cambodia. Cambodia’s request was unbalanced and highlighted progress made on the ground, including on the issue of dispatching an Indonesian Observers Team to the Thai side of the border.”
Starting from those contrasting illustrations, the ICJ’s judgement will not be easily accepted or automatically put peace in place. In the next 45 days — around July 15, 2011, as promised, the ICJ will have an answer. Thai-Cambodian relations, in turn, will not be the same again, with the existing conflict prevailing and no immediate end in sight.
Whatever the ICJ’s statement, one of the conflicting parties will not be in favor nor want to comply. For example, no one will withdraw the soldiers from the borders as it will eliminate their own respective sovereignty.
The Thai-Cambodian dispute is at stand-still, and disagreement will continue. Peace is again at stake, but hopefully the ceasefire can still be controlled at the border.
As long as Thailand and Cambodia restrict their dispute to political parameters, they have a right to settle the issue at hand. However, when a war is declared, endangering the civil society and the stabilization of the Southeast Asian region, ASEAN has the right to find a solution. Indonesia, as the ASEAN 2011 chairman, did. Even the UNSC mandated ASEAN to find immediate political mechanisms to mediate the conflict through establishing a workable ceasefire.
The question is, why did Cambodia undergo a trilateral negotiation with Thailand and Indonesia on May 9, 2011, in Jakarta, and then, a week before the 2011 ASEAN summit, bring the case before the ICJ? Jakarta’s package solution from May 9, 2011, which had been agreed upon by Thailand and Cambodia, was the most realistic workable solution.
When Cambodia decided to bring the case before the ICJ, it ensured that peace would not be established immediately. Even in the case of no-compliance, the UNSC, if necessary, can send a peacekeeping mission to the Thai-Cambodian border during conflict.
As members of the ASEAN family — who expects peace — it is disappointing to see how Thailand and Cambodia irresponsibly and deliberately disregarded their previous commitment to implementing Jakarta’s May 9, 2011, package solution.
This is the clearest example of a broken commitment amid the ASEAN community-building process. The way that Thailand and Cambodia heve dealt with their border dispute is disgraceful.
It is more than a negative political lesson that is being learned and witnessed by our fathers, children and the younger ASEAN generation. The right to peace, security and stability in the Southeast Asian region is our ultimate goal for the future, not the past.
ASEAN’s sacred mission of achieving peace, stability and prosperity must be built and strengthened by our leaders’ true commitment and honesty — not by their empty promises.
The writer is an Indonesian diplomat. The opinions expressed are personal.
9 comments:
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,
Vow, you are such a smart one.
I thought that the Jakarta’s package solution from May 9, 2011, which had been agreed upon by Thailand and Cambodia, was in the end not accepted by Thailand when it refused the presence of the Indonesian peace-keeping forces along the Thai-Cambodian border and that is the very reason why Cambodia took the case to ICJ.
Could someone with more information on this issue shed some light please?
KI Media Team, do you have any concrete information on this issue which can be used to defend Cambodian decision to go to the ICJ and thus refuting the accusation made in the above article?
Thank you in advance to those who can help clarify this matter.
Anet Khmer
the reason cambodia asked the icj to clarify its verdict was because siem thugs kept saying that the court did not rule on the adjacent shrub land, the so-called 4.6 sq km. this area adjacent to preah vihear temple, according to the 1907 map belongs to cambodia! cambodia can never accept siem thug's unilateral map to steal from cambodia, you know! so, let the icj clarify and re-interpret their 1962 ruling. this way, we all will see who is stealing from who, really! if siem try to stop the court, then it is evidence that siem did not want the world to know that siem violated the 1907 treaty, etc... the world already knew that siem stole lands and temples from cambodia by using their unilateral map! that is unacceptable by law, you know! get educated already, ok! so, stop dragging this case on and on with siem thugs, the court will tell siem thugs to respect the law and not to steal from cambodia ever again, you know!
Thailand first accepted the package solution and later backtracked, demanding that Cambodian troops withdraw from the land claimed by Thailand. This demand was not part of the package and entirely unreasonable. It was rejected by several Cambodian officials including Hun Sen with the result that no Indonesian observers were placed in the conflict area. Therefore, Cambodia took the case to the international court.
It was Thailand's decision to deliberately sabotage the agreement negotiated by Indonesia that ensured that "peace would not be established immediately", not Cambodia's decision to take the case before the ICJ.
This is really a surprising position, and surprisingly ignorant, given that the author claims to be Indonesian diplomat.
Hun Sen turns his blind eye to all land issues of the eastern border by diverting all the attention to 4.6km. He won't allow any lost of land "not even 1cm" at the western border but no problem in the east, even 100s of km.
I agree with 4:05 PM, Hun Sen make all khmer patriot soldiers die to protect the land from Thai invasion because Hun Sen tries to preserve all khmer land only for Vietnam to take such as Koh Tral, sea area and lands of over 30 000km2 treaties from 1979 to 1985.
Those treaties are absolutely serving Vietnam Nation very greatly by Hun Sen and his CPP regime. Khmer people are no lands and proper home.
Fuck up man, ur article is so sweet and reasonable by prove any prof and Asean perspective. U look at real situation now whether bully nation Thai they want peace stability, and economic development in Asean????? if so they will receive package to bring peace along border, so Cambodia no need to ICJ but the main thing is Cambodia want development this temple for ancestor leave it and economic development dont dream joint mgt plan with.
U know law and judgment by ICJ if not U r outsider it is UN high court u have to respect even ur country. I think ur country on behalf of Asean incompetency to solve this issue and then only Asean. For sure, Asean no power to solve with bully nation Thai. Cambodia understood only ICJ can help for this temple development and make bully appease in mind. U can research how ICJ case and its judgment how is ongoing in the past? u will know the power of ICJ. People of Cambodai hopefully wait and see its judgment and willing to respect its judgment. I think u should learn more and research both political and int'l law before u make any conclude.
Fuck all the Siem thugs and bitches and these Siem thugs and bitches want to find peace and they must find it for themselves, by themselves, and with themselves and if they choose to use their war machine to find peace and no body is going to stop and them and Cambodia will reserve the right to war machine to defend her sovereignty!
Cambodian government and people will not join these Siem thugs and bitches to find peace if these Siem thugs and bitches are so blind find reason and logic to have real peace within ASEAN!
What belong to Cambodia will belong to Cambodia and what belong to Siem thugs and bitches will belong to Siem thugs and bitches!
Siem try and Siem will die!
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