Showing posts with label Preah vihear conflict. Show all posts
Showing posts with label Preah vihear conflict. Show all posts

Sunday, May 17, 2009

Thailand: A nation of dishonesty

Map of the 1962 ICJ's verdict: Areas above yellow line is Thailand. Areas below yellow line is Cambodia. Red stars with arrows are spots where clashes took place on 3rd April, 2009.

Opinion by Khmerization
15th May, 2009

“Peaceful co-existence between neighbours can only possible if they treat each other with respect. Cambodia, being a small and weak nation, has not been treated with respect by its powerful neighbours to the west and east since time immemorial. And, as long as Cambodia is weak economically and militarily, Cambodia will continue to be disrespected by its neighbours for many centuries to come.”


The recent diplomatic wars of words between Thailand and Cambodia over claims and count-claims of compensation for damages caused by recent border clashes are a cause for concerns. The wars of words will certainly increase military and diplomatic tensions between the two neighbours if both sides do not seek a compromising solution any sooner.

Cambodia had sent a diplomatic note demanding for $2.1 million in compensation from Thailand for the destruction to a Cambodian market and villagers’ homes during the 3rd April fighting.

Cambodia believe that it has the right to seek reparations for damages to 264 stalls that caused 319 families to be homeless because their stalls and homes were deliberately and directly targeted by Thai shells.

But, Thailand, who, due to its military superiority, has signalled that it will never budge to Cambodia’s demand. Instead it has responded with a threat of counter-claims. The Thai response was nothing short of dishonesty. It is arrogant and it is full of threats. By trying to absolve its responsibility, Thailand, had turned around and claimed that those stalls and homes were built on Thai soils and threatened to lodge a counter-claim.

Mr. Kasit Piromya, the Thai Foreign Minister, had gone another step by reminding Cambodia about the military rules of engagement that would inevitably cause collateral damages.

The Thai claims had ignored many fundamental factors about military rules of engagement and facts involving the history of the Preah Vihear disputes. Military rules of engagement dictates that both sides of the military conflict must refrain from targeting civilian entities. Thai army, in this case, had undeniably broke the rules of engagement by deliberately targeting the Cambodian civilians.

Thailand had also ignored the International Court of Justice (ICJ) fundamental rulings when it claimed that the areas belong to Thailand or that they are situated in a dispute zone.

One of the ICJ’s rulings stated that “Thailand is under an obligation to withdraw troops or police from the Temple, or its vicinity on Cambodian territory”. This clearly shows that the ICJ had adjudicated the areas in the “vicinity” of the temple as belonging to Cambodia. Maps from the 1904-1908 Treaty, signed by both Cambodia and Thailand, had also put the Preah Vihear temple and the areas in its “vicinity“ in inside Cambodia. So, the notion that the surrounding areas had not been adjudicated by the ICJ is a misconception.

In another front, the Thai Nation newspaper had attacked the integrity and the sincerity of Cambodia in relation to the border conflicts. It called Cambodia’s claims of compensation as “absurd” and “another step backward for peace”. It also accused Unesco of ignoring the Thai court injunction by deciding to inscribe the temple unilaterally without Thailand’s agreement. It had also accused Cambodia of not being “sincere about reconciliation”.

The Nation’s accusation is preposterous. First, Unesco, as an independent international institution, does not need to seek Thailand’s permission to inscribe Preah Vihear temple because the temple is solely and exclusively the property of Cambodia.

Secondly, Cambodia has been very sincere and patient for the last ten months. Cambodia had refrained from using force when Thai soldiers forced their ways in to occupy the Preah Vihear vicinity on 15th July, 2008. Cambodia was very patient and sincere in engaging Thailand peacefully and diplomatically, even though Thailand had appeared to have played games with Cambodia during the many fruitless talks. Cambodian soldiers were forced to use force only as a last resort when Thai troops, in a provocative and arrogant manner, repeatedly encroaching on Cambodian territories that resulted in the deadly clashes on 15th October 2008 and 3rd April 2009.

The Nation newspaper, and Thailand in particular, had on many occasions accused Cambodia of laying fresh mines that have maimed many Thai soldiers. The Thai accusation is a self-admission that the areas claimed to be Thai territories are actually located inside Cambodian territories because it is impossible for Cambodian troops to cross into Thai territories and lay mines there.

Peaceful co-existence between neighbours can only possible if they treat each other with respect. Cambodia, being a small and weak nation, has not been treated with respect by its powerful neighbours to the west and east since time immemorial. And, as long as Cambodia is weak economically and militarily, Cambodia will continue to be disrespected by its neighbours for many centuries to come. If Cambodia desires to be treated equally and with respect, then it is imperative that Cambodia strengthen its economic and military powers significantly.

Sunday, July 20, 2008

The Preah Vihear Conflict: What Is The Solution?

Editorial by Khmerization

“First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.”


Thailand’s invasion and occupation of the so-called “overlapping area” in the Preah Vihear precinct has entered its fifth day and there is no sign of it ending very soon. On the contrary, the situation is worsening by the day and both sides, Cambodia and Thailand, are dangerously reinforcing and building up their troops numbers to boost up their bargaining powers at the upcoming talks on the conflict which will be held in Thailand’s Sakeo province on Monday. I can confidently predict that the Monday meeting will not produce any results. The meeting will be a chance of finger-pointing, accusations and counter-accusations. The Cambodian side will demand a total Thai withdrawal and likewise, the Thai side will demand a total Cambodian troop withdrawal, including the evacuation of villagers who settled in the zone for years, before Thailand will agree to any withdrawal. At the end, the meeting will be an impasse, unless one side makes a concession, which is likely to be the Cambodian side. (Full details on the Thai incursion at Preah Vihear).

The Thai occupation of the Preah Vihear precinct at this time is reminiscent of the 1950s’ Thai occupation of the Preah Vihear temple, which ended with the decision of the International Court of Justice (ICJ) that adjudicated to give the ownership of the temple to Cambodia in 1962. At that time, like now, the pretext for the Thai occupation of the temple was, after reviewing the maps, Thailand assumed that the temple was situated on Thai soil.

Cambodia and Thailand had only one border treaty, which is the 1907 treaty. The documents and maps of the 1907 treaty showed clearly that the Preah Vihear temple and its surrounding areas fall under Cambodia’s sovereignty. On top of this, the International Court of Justice in The Hague adjudged to give the whole Preah Vihear precinct to Cambodia in 1962. So, the ownership of the Preah Vihear temple and its precinct is unquestionably Cambodian.

Now, what is the solution to end the present Thai occupation of the Preah Vihear precinct?

Cambodia, beside military prowess, has all the advantages over Thailand, under international laws and conventions, to prove the ownership of this so-called “overlapping area” under the 1907 treaty and the ICJ‘s decision in 1962. With this in mind, Cambodia must embark on a crusade of international diplomacy for a peaceful resolution to this Thai-made crisis. Cambodia could use the scenario below in which to go about resolving this crisis peacefully.

First, Cambodia should invite the foreign diplomatic and international press corps to visit the conflict zone in order to win international opinion to its crusade. Secondly, Cambodia should use the upcoming talks with Thailand to press for a total Thai withdrawal from the conflict zone. Thirdly, if that fails, Cambodia can take this matter to the Association of South East Asian Nations’ (ASEAN) Forum, which both Cambodia and Thailand are members. The ASEAN Charter has a policy of non-interference and non-aggression between member states. Fourthly, if ASEAN fails to mediate a satisfactory outcome, Cambodia can take the next step which is referring this conflict to the UN Security Council to mediate. And fifthly and finally, if all else fail, Cambodia can take Thailand to the International Court of Justice like in 1962.

My predicted outcome to a peaceful ending of this conflict, that is acceptable to Thailand, would be a two pronged resolution. Thailand, without a doubt, would want to claim total sovereignty over this area and will never accept anything less than half of the 4.6 square kilometres “disputed zone”. So, the first solution for Cambodia is, if it wants a peaceful co-existence with Thailand in the future, it has to agree to a partition of this parcel of the lands. But Cambodia, as a proud and sovereign nation, would be a fool to accept this solution. The second solution would be the judgement of the International Court of Justice, like the 1962 case.

Thailand had never gotten over its wounded pride with the loss of Preah Vihear in 1962. One would not expect Thailand to allow this case to go to that court one more time that can make them lose face and territories further. Many Cambodians believe that, if the 1907 treaty was to be re-examined, Cambodia would see that its territories would have been encroached significantly by Thailand. A re-examination of the 1907 treaty by the International Court of Justice would see Thailand losing more territories.

Finally, I, and I would like to think that many of my Cambodian compatriots, would hope to see a peaceful ending to this conflict, preferably ending with an irreversible and binding decision of the International Court of Justice like the 1962 court case, so that this saga is resolved once and for all.//
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1. Read previous editorial on Preah Vihear: Thailand's Aggression
2. Pictures of new troop movements from both sides: Cambodian-Thai troops.