Wednesday, November 13, 2013

Partial victory at the ICJ





Mon, 11 November 2013, Post Staff

The International Court of Justice yesterday unanimously declared that its 1962 judgment awarding the Preah Vihear temple to Cambodia also gave the Kingdom sovereignty over the promontory that the temple sits on.

But while the announcement was initially greeted as a resounding victory by some in Cambodia, the world court took pains to specify that the 1962 decision dealt with only a “small area” surrounding the temple.

The decision leaves unanswered the question of sovereignty over the remainder of the 4.6-square-kilometre area forming the heart of the long-running dispute between Cambodia and Thailand.

The court also deemed it was not necessary to address whether the 1962 verdict determined a boundary line between the Kingdom and its western neighbour, though it did state that its original ruling forbade Thai troops from occupying that promontory area.

Minister of Foreign Affairs Hor Namhong (left) shakes hands with his
Thai counterpart Surapong Tovichakchaikul before the International
Court of Justice stated its verdict in the Preah Vihear case at The Hague
yesterday. AFP
Speaking live on CTN after the judgment, Foreign Minister Hor Namhong said the judgment, while not perfect, was adequate.

“Of course, we cannot say the verdict of this court today satisfies our aims 100 per cent, but we are happy, as the ruling met the majority of our demands,” he said.

Namhong specified that the court had recognised the Annex 1 map – drawn up by France and Thailand (then Siam) in the early 20th century and used by Cambodia in 1962 – as the map delineating the borders in the temple area.

He added that the fact that the court had rejected a second map presented by the Thai government after the 1962 judgment was a victory, along with the court’s decision that the road leading to the temple should remain fully free and open.

“I would like to affirm that this is a verdict that has to be implemented by all parties.… I would like to inform all Cambodians that the government has never ignored the protection of our territorial sovereignty,” he said.

In failing to address a larger area of land than the promontory, the court’s verdict – which cannot be appealed – paves the way for the two nations to deal with the border issue through negotiation.

Thai Prime Minister Yingluck Shinawatra addressed that point following the verdict.

“Thailand will enter negotiations with Cambodia to put an end to the issue,” she said in a nationally televised press conference, the Bangkok Post reported.

Prime Minister Hun Sen, meanwhile, called on the armed forces and citizens alike to avoid creating tension with Thailand in a televised address last night.

“This is an important and historic step forward in the efforts of the Cambodian government to solve the issue between Cambodia and Thailand … peacefully and based on international law,” he said.

The judgment, viewed as a small victory for Cambodia but not a huge loss for Thailand, is expected to calm tensions at the border, which have been high despite pledges by both governments to keep the peace no matter what the court ruled.

Yesterday, as the verdict approached, villagers living near the border, many of whose homes had been destroyed during previous Thai shelling, were still making grim preparations.

Along one dirt road, women, girls and young men – all standing ankle-deep in soft mud – giggled as they used hoes, buckets and plastic dinner plates to clear out a concrete culvert that they intended to use as a bunker should shells start falling in their village.

Fellow resident Yun Saray, 58 – apparently overseeing the work – stalked back and forth between the two groups of her family members.

“I really hate war; war has always destroyed everything,” she said. “We want to live in peace, but we are afraid of the Thais and that a war could start with them.”

Yesterday’s verdict coincided with mass anti-government protests in Bangkok against a political amnesty bill that critics say will allow former prime minister Thaksin Shinawatra to return to the country from self-exile and escape a jail term.

Many feared that an ICJ decision going firmly against Thailand – a hot-button issue for a myriad of powerful nationalist groups – could add momentum to a popular movement that could bring down the government, and risk further fighting with Cambodia.

Thitinan Pongsudhirak, political scientist at Chulalongkorn University in Bangkok, said yesterday that the verdict had taken some fuel out of the anti-government protests, as well as defusing tensions at the border.

“This is not the bombshell decision that the Thais were fearing. If the decision had been completely in Cambodia’s favour, it would have fanned the flames [of these protests] and the downside was dire,” he said.

“It will be played as a halfway victory for Thailand, not as a defeat … and the Cambodians might play it the same way, “Now they are forced to go back to a bilateral framework … which is optimistic given the leadership of both governments are aligned. They see eye-to-eye on the need to work things out,” he said.

However, given that the court restricted its verdict to clarifying the “vicinity” of the temple, questions over what would change on the ground, if anything, remained unanswered last night.

“We’re waiting to see the Thai side, but as for withdrawing our troops, I think we have to see what is going on after the verdict, and also we have to wait for the government’s policy on what they want to do,” said Ou Narin, deputy commander of army’s 3rd Division, which oversees Preah Vihear.

The court concluded yesterday that in 1962, the ICJ did not mean to define “the vicinity” of the temple as extending beyond the promontory of Preah Vihear nor seek to address the sovereignty of any area “beyond the limits of the promontory”.

This promontory, according to the court, extends to the west and northwest of the temple, towards the Thai border, where it drops into a slope and then into a valley that separates it from the neighbouring hill of Phnom Trap.

In the north, the limit of the promontory is the Annex I map line, the court said.

“Accordingly, the Court considers that the promontory of Preah Vihear ends at the foot of the hill of Phnom Trap, that is to say: where the ground begins to rise from the valley,” the court judgment said.

Cambodia asked the court to interpret its 1962 decision in April 2011 following fierce border clashes in February and April of that year that left 28 dead.

Tensions had begun to escalate in 2008, when the 11th-century temple was declared a UNESCO World Heritage site.

The recent dispute centres on maps submitted by Cambodia during the World Heritage site nomination process in 2007, which the Thais have said encroached on Thai territory and showed a different border line to the original colonial map used in 1962 – a claim Cambodia rejects.

The difference between the maps, according to the Thais, is the 4.6-square-kilometre area under contention.

Many now hope that the ICJ verdict will allow Cambodia and Thailand to end the longstanding dispute, and allow those living on the border to feel safe again.

Sixty-five-year-old Chim Yoeung’s eyes were brimming with tears after he watched the verdict at a village coffee shop near the border yesterday.

“I think this verdict is very just for Cambodia, and also can end the problems that we have had recently, and Thailand will not dare do anything more to Cambodia.”

Cheang Am, 39, a soldier from the frontlines, said he was ecstatic about the verdict, which had the potential to change his life for the better.

“I think that when Thai troops withdraw from the disputed area, maybe I can go back home and live with my family, and can plant crops or something to support them, because my salary is not enough.”

VONG SOKHENG AND KEVIN PONNIAH REPORTED FROM PHNOM PENH; MAY TITTHARA AND STUART WHITE REPORTED FROM PREAH VIHEAR

28 comments:

Anonymous said...

WELCOME TO CAMBODIA!

1. Preah Vihear Temple solved.

2. Koh Tral still in progress.

3. Kampuchea Krom in progress.

Anonymous said...

រឿងព្រះវិហារជារឿងក្តីរួចទៅហើយ ប៉ុន្តែអ្នកដឹកនាំខ្មែរដែលជាមនុស្សអបណ្ឌិតអវិជ្ជា គ្មានស្គាល់ពីអ្វីដែលថាប្រវត្តសាស្ត្រ ប្រទេសខ្មែរនោះទេ ចង់បែងចែកព្រះវិហារ
ជាមួយសៀម ថាក់ ស៊ីន តែត្រូវបរាជ័យក៏កើតមានការវាយប្រហារគ្នាទៅ រឿងទាំងអស់នេះគឺអាហ៊ុន ខ្វាក់សែនជាអ្នករៀបចំឡើងដោយមានយួននៅពីក្រោយខ្នងវា
ពេលនេះទៀតអង្គការតុលាការ ICJ បានបោកស្រាយជាថ្មីវានៅតែជារបស់ខ្មែរ ប៉ុន្តែមិនអាចកែរប្រែថាជារបស់សៀមបាននោះទេ ព្រោះជាតុលាការយុត្តិធម៏ មិនដូច
អាតុលាការខ្មែរនោះទេ ពលរដ្ឋខ្មែរខ្លះបែរជាថាហ៊ុន សែន វរះជនខ្មែរការពារទឹកដីនៅភូមិភាពខាងលិច តែភូមិភាពខាងកើតកាត់ព្រំប្រទល់ដីឲ្យយួន ដីកោះសមុទ្រ
បើសិទ្ធឲ្យយួនចូលមករស់នៅតាមសេរី តើ!អាហ៊ុន ខ្វាក់សែននៃប័ក្សប្រជាជននឹងប័ក្សពួកជាមនុស្សក្បត់ជាតិដ៏ដែល ពួកវាជាក្រុមបំផ្លាញជាតិ ដោយទាំងនៅក្រៅ
ប្រទេសទៀត ខំបំប៉នសម្លេងជួយព្រុះការពាររបបកាន់អំណាចអាហ៊ុន ខ្វាក់សែននៃប័ក្សប្រជាជននឹងប័ក្សពួកជាមនុស្សក្បត់ជាតិ។

Anonymous said...

ឯ​ណាទៅអាឆ្កែកន្ទុយខ្វៀន
*អាយួន រង្សី, អាស្វាញញឹមបោក-ដូចមុខ​អាយីវ
*អាយួន សុខា ?
អាយួនឆ្អឹនក្តិត ស៊ីក្តិត!..ឆ្អឹនក្ត ស៊ីក្ត!
-
អាបិសាច-អត់ស្រមោល
-អាយួន មាន់ស្ងោរជ្រក់ រង្សី
-អាយួន ការីស្វា សុខា
-អាសង្គ្រោះខ្មែរក្លែងក្លាយ-សង្គ្រោះកៅអី​​​​ចោរ!
-អាអួតតាំងខ្លួនឯងបន្លំជួយសង្រ្គោះខ្មែរ

អាគុកអស់នេះទៅណាអស់ហើយ?

*ហ៊ុន សែនឲ្យលុយពួកវាគេចទៅដើរ
ស៊ីចាយក្រៅស្រុកមួយរយ:និងដើរបោកបញ្ឆោត
លុយកាក់ខ្មែរនៅបរទេស ដើម្បី​ប្រជាភិថុត បន្លំអូសបន្លាយពេលវេលាទុកឱកាសឲ្យពួកអាយួនរៀបចំខ្លួន​សម្លាប់ខ្មែរចោលជាបន្តបន្ទាប់!

Anonymous said...

This shit take credit from creation the problem Mr hor 5 Viet hong we not tolerates the whole family should D....KRANHUN EASAN

Anonymous said...


Please focus on the big picture:

- the loser of the election - CPP - must go !!

- Put Angkor Wat , Bokor, etc back under Khmer's control.

Anonymous said...

HUN SEN must take Pra Sat Sdok Koh Thom temple which is located in the Norther West of Poi Pet city back from Thailand now and also Koh Kut which is located in the west of Koh Kong from Thailand, and also HUN SEN must take Koh Tral and land along Cambodian and Vietnamese border back to Cambodian and should not the new accept line border with Vietnam, failing to do so, HUN SEN must be hanged or facing the future capital punishment .

Anonymous said...

the court did indicate that the legal map used in the 1962 ruling was the so-called 1907 treaty map. from there on, that's how the borderline is defined by that map alone, not any siem's unilateral map. in fact the court points out that the northern property of the promontory on which the entire preah vihear temple sits stretches all the way to the line where the 1907 map drawn up, not deviates from it! so all the other areas of the so-called 4.8sqkm of dispute if it's south of the line on the 1907 treaty map, including phnom troap are all khmer territories, not siem, in accordance to the 1907 map. yes, we are talking about the 1907 map, not the 1962 siem's unilateral map. so, the issue is what map siem is using? now the court makes it clear that the entire promontory of preah vihear is out of the question for siem. so any other ones outside of this is still up to negotiation base on the 1907 map still! don't start using a different map, use the 1907 map because that was the official map agreed by both countries then, not now, then!

remember to keep making reference to remind siem of the court's ruling. read carefully what the court writes, not what siem says! hello!

Anonymous said...

VIETNAM IS TRYING TO BUILD A NUCLEAR FACTORY WITH RUSSIA AND USA TO AGAINST WITH CHINA, AND ALSO VIETNAM IS TRYING TO COOPERATE THE ECONOMIC TIRED WITH RUSSIA AND USA, WHEN VIETNAM WILL BECOME THE STRONGEST ECONOMIC COUNTRY IN ASIA, VIETNAM WILL SWALLOW CAMBODIAN EASILY THIS IS CALLED NEW COLONIALISM WHICH VIETNAM ALWAYS THINK TO DO IT.

Anonymous said...

VIETNAM IS TRYING TO GET CLOSE RELATION WITH USA TO AGAINST TO CHINA, UNFORTUNATELY, HUMAN RIGHT ISSUE IN VIETNAM IS THE MAIN CONCERN WHICH USA DOES NOT WANT TO HAVE A GOOD RELATION WITH VIETNAM, NEVERTHELESS, VIETNAM NOW IS TURNING TO THE FORMER CLOSED FRIEND RUSSIA LET RUSSIAN COMPANIES TO PUMP THE OIL IN SOUTHERN CHINA SEA AND LET RUSSIA TO BUILD THE NUCLEAR FACTORY IN VIETNAM, STUPID HUN SEN MUST KNOW THIS AND HAVE TO BE HURRY TO TURN YOUR HEAD TO USA OTHERWISE VIETNAM WILL SWALLOW CAMBODIAN SOON.

Anonymous said...

forget what siem say about preah vihear temple and its surrounding lands. from now on, make reference to what the world's court writes in their ruling for cambodia. be wise and look toward the court, not siem's madness!

Anonymous said...

when make reference about preah vihear from now on, go directly to the information source of the court's ruling! that's where justice is for cambodia. thank you.

Anonymous said...

How about Cambodia-Vietnam border and many villages Hun Sen signed and transferred to Vietnamese????

Why Cambodian are not fighting for it about 10,000 sq. miles lost to Vietnamese???

Anonymous said...

HUN SEN must bring Siam back to the ICJ to sue Siam over destroying and looting Prea Veheah Temple and killing Cambodian people. HUN SEN must bring Pra Sat Sdok Koh Thom temple which is located in the North West of Poi Pet city, that temple Siam just took it in 2001 to control, HUN SEN era has lost a lot of land to Thailand and Especially Vietnam, HUN SEN must face the capital punishment in the future, He is dumb and want to lead Cambodian forever, this is Vietnamese strategy how to swallow Cambodia in the future.

Anonymous said...

5:24am, so you think the world stand still and watch vietnam to invade and swallow cambodia like you say in your paranoia? i think you must be on drug or something. i have high hope for cambodia that it's not the case like you mentioned, instead, cambodia will benefit as well if vietnam is peaceful and developed. the reason i say this is not that i am vietnamese, in fact i am khmer person, but i say this because i understand the world better and educated enough to know and think and see and observe what's going around the world, not just in cambodia. in my opinion, i don't think vietnam can easily 'swallow' cambodia say like they intended to do in the early 1800s. the difference in today's world is the law. the world is run by the rule of law everywhere you go. so, because of that reality, i'm not worry about vietnam annexing cambodia or invade or take over or control or rule over cambodia how ever you wan to call it. for one, the world won't allow it to happen. so just take care what is cambodia's and what we have left over from the khmer empire, which is not bad for cambodia having survived over 2000 years of history. so vietnam or yuon will be yuon, and khmer will always be khmer, why worry about vietnam when we have our own country to look after and develop as well? be wise for a change!

Anonymous said...

5:40 am please stop dreaming look at Tibet now. Vietnamese was learning from Chinese on how to swallow other country. Please reading about Kashmir and Tibet.

Anonymous said...

សៀមដឹងថា មិនឈ្នះក្តីព្រះវិហារដែរ តែដោយសារសន្ធិសញ្ញាបំពេញ
បន្ថែមឆ្នាំ២០០៥ ទេីបសៀមចង់បានប្រាសាទព្រះវិហារម្តងទៀត ដេីម្បីកំុ
ឲចាញ់ចិត្តយួន ដែលកំពុងច្រឹបយកដីខ្មែរនៅទិសខាងកេីត និងបង្ហូរពួក
និគមជនចូលពេញស្រុកខ្មែរ ។ ដូច្នេះបេីបានជាឈ្នះនៅខាងលិចហេីយ
សូមកំុភ្លេចខាងេកីត ! ។ មធ្យោបាយឈ្នះខាងកេីត គឺត្រូវចាប់ផ្តេីមពី
ស្តេចសីហមុនីត្រូវប្រកាសលុបចោលសន្ធិសញ្ញាបំពេញបន្ថែមឆ្នាំ២០០៥
ចោលជាមុនសិន !! ។
លី ឌៀប

Anonymous said...

6:53 AM We will fight to end to get where it belong.

Anonymous said...

US and Viet sign nuk agreement, tought luck Cambodia.

Anonymous said...

It is time to reflect back on some these issues of boundaries e,g how he kept on mentioning, the 'waterline or watershade', is the river that cut cross between Thai and Khmer, even though he said 'Phnom Trop' can not be idenfied of whom it belongs, but he clearly mentioned about the waterline is the actual evidence to decide which part is Thai or khmer anyway and only those on the right mind would understand that very clearly but the make the Thai happy, best is to say it belongs to no one.

So, in this case, we don't have to argue, just look at the waterline and we can see, it is belonging to Khmers, because it is based on the inside of the khmer territory between the waterline (river) that cut across it. Secondly, one of the reasons why he said, 'can not be identified' because he doesn't want Thai and Khmer to continue to fight for this area. Which is ok, Thai and Khmer should stay away from that mountain at least 500m and should put a post 'forbidden area do not enter' or something.

Anonymous said...

8:33am, if viet and america can become friends again because they once were enemies figting each other in the so-called vietnam war, then what is wrong with cambodians who claim that viet and khmer can't be friends again, too! shame! i think khmers should rethink because the whole southeast asia needs each other, ie, we all co-exist next door to each other. why continue to hold grudges and harbor hate, discrimination, bias, etc, instead of using the rule of law to govern each society and each country. maybe some khmer extremist politicians are still primitive in their thinking. i say look toward the brighter, happier future for the whole southeast asia, this includes cambodia, of course. don't politicize, i am khmer, i just get sick and tired of hearing discrimination and bias about anybody, khmer yuon, siem, etc. no discrimination, no bias is allowed again in the whole southeast asia. enough already. each country is independence and want the best for their respective country. what makes cambodia different from the rest? wake up already! this is the 21st century. get with the program of the developing, industrialized and modern world view already! southeast asian nations should be a community, not a separate, extremist state, etc! and stop taking advantage of each other. if thailand and vietnam, etc is developing, so should cambodia, laos and burma! stop the bias with these three countries!

Anonymous said...

8:43 AM continue.,,
He also mention about using Mount Doorg Reite and because the actual river could have been relocated being pushed into our territory so, watershade may have been unnecessary too. Yes, it could be true because I heard our people, who are living in that area said that Thai are filling the actual river up and divert the river into our territory, so this could be the case of why the watershad may not be reliable in term of reading the boundary. If so, it is to show that Thai is a thief or so good at their manipulation, but nevertheless, today we have GPS to verify between the actual borderline and the fake ones (what a shame!).

Anonymous said...

8:23am, fight by yourself only. nobody in their right mind want to join in your fight with anybody!

Anonymous said...

asean should help each other to develop. can't be biased and leave out the three countries of cambodia, burma and laos in develop, etc. we see development in thailand, the philippines, vietnam, etc, but not a lot in cambodia, burma and laos? that should change so we all can be at equal level when it comes to development, modern, prosperity, etc! be fair to cambodia, burma and laos for a change!

Anonymous said...

9:04am, you're right, the old technique of using the watershed don't necessary work anymore in today's world due to advance in technology, education, etc. instead, we should look to gps to help demarcate our modern borderline, using the old borderlines as reference or baseline only. modern gps system is more scientific and more reliable compare to the old technique used! anyway, it is good to talk about this kindo of thing in order to improve our way of doing things. improvement is the key! always try to improve our way!

Anonymous said...

The CPP must step down.
Khmer people have voted you out.

Anonymous said...

9:04 AM. Miss OK! Really!

You are missing the point. You dont sound like a Khmer, so for us to believe that you are a Khmer you should stop being a racist toward Khmer. It is not us Khmer are who racist toward Youn or Siam, but the Siam and Youn who are racist toward us Khmer. So for our country to move forward, our country need many thing.

1. For the Youn to stop sending in illegal immigrants, such as the millions of Youn off the Khmer land.

2. For Hun Sen, the Youn dog, to start using the immigration law and stop putting the Youn above the Khmer people.

3. For Siam to stop shooting and killing Khmer people who are crossing the border. Siam is a democratic country, right?? Why are the Siam killing unarmed people?

4. It was the Siam that invaded Cambodia and tried to claim that Preah Viharn and the land belongs to the Siam.

Do you see all the issues?? But the main issue at hand, is for Cambodia to move forward not backward. Cambodia needs to be free from the evil Youn. They have got a perfect plan by installing Hai Phuc who continues to kill Khmer and causing suffering, but playing hot and cold with the Khmer people.

eg. Before the election he promises to be good and no more killing. After the election, yesterday, the police killed bystanders and brutually attacked and shoot protesters. All though the protesters had nothign to do with the Election Fraud, the CPP shift the killing toward Sam Rainsy and also denied the police shoot live ammos.

U.N

Anonymous said...

U.N

12:14 PM

There are two 9:04am haha I though you might miss-understood mine lol. Yes, I agree with you but I don't think it is necessarily to identify the person as Miss Ok or really, because it is kind of wied. Because people can used such phraise, there is nothing that, I think.

Anonymous said...

Correction: Because people can use such a phraise, there is nothing wrong with that, I think.