Thai FM: The Foreign Ministry's statement concerning the Cambodian flag over Keo Sikha Kiri Svara Pagoda:
"With reference to the declaration of the Ministry of Foreign Affairs and international cooperation of the Kingdom of Cambodia dated January 28, 2011 regarding the issue of the flag of the Kingdom of Cambodia that is flying over the "Keo Sikha Kiri Svara" Pagoda, the Ministry of Foreign Affairs of the Kingdom of Thailand wishes to state the following:
1. According to the Memorandum of Understanding between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on the Survey and Demarcation of Land Boundary of 2000, the 1904 and 1907 Treaties and "other documents relating to the application" of both treaties are the relevant legal documents to determine the boundary line. Thailand therefore does not accept the assertion by Cambodia that the 1:200,000 map is the basis for determining the boundary.
BORA TOUCH: The International Court of Justice (ICJ) in 1962 ruled that the 1:200,000 map, or the Dangrek Section or Annex I Map as known in the ICJ proceeding, (and all of the 1:200,000 maps) is valid and forms part of the 1904 and 1907 Siam - France (Cambodia) delimitation treaties. The Memorandum of Understanding on the Survey and Demarcation of Land Boundary of 2000 stipulates:
Article 1: The survey and demarcation of the land boundary between the Kingdom of Cambodia and the Kingdom of Thailand shall be jointly conducted in accordance with the following documents:
a) ... The Convention between France [Cambodia] and Siam [Thailand] modifying the stipulations of the Treaty of 3 October 1893, regarding the Territorial Boundaries and Other Arrangements, signed at Paris, 13 February 1904
b) ... The Treaty between the His Majesty the King of Siam and the President of the Republic of France, singed at Bangkok, 23 March 1907 ... and the Protocol Concerning the Delimitation of Boundaries and Annexed to the Treaty of 23 march 1907; and
c) Maps which are the results of the demarcation works of the Commissions of the Delimitation of the Boundary of the Indochina [Cambodia] and Siam ... set up under the Covnention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand] and other documents relating to the application of the Convention of 1904 and the Treaty of 1907 between France[Cambodia] and Siam [Thaiand].
The Terms of Reference and Master Plan for the Joint Survey and Demarcation of Land Boundary between Cambodia and Thailand (TOR) of 23 March 2003 stipulates:
1.1.3. Maps which are the results of the Demarcation Works of the Commissions of Delimitation of boundary between Indochina [Cambodia] and Siam [Thailand].. sep up under the Convention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand] (theferafter referred to as "the maps of 1:200,000") and other documents relating to the application of the Convention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand].
Paragraph 10 of the Terms of Reference emphasises:
"This TOR is without prejudice to the legal value of the previous agreements between France and Siam concerning the delimitation of boundary, nor to the value of the Maps of the Commissions of the Delimitation of Boundary between Indochina [Cambodia] and Siam [Thailand] sep up under the Convention of 13 February 1904 and the Treaty of 23 March 1907, reflecting the boundary line of Indochina and Siam"
Clearly the maps referred to are the 1:200,000 map(s) which, as mentioned above, the ICJ in 1962 ruled to be valid and forms part of the 1904 (and 1907) treaties. Thailand is therefore not in a position to assert that the 1:200,000 maps (one of which is known as Dangrek Section or Annex I map in which the PreahVihear Temple is situated) are not valid. There is no legal basis for such an assertion and to make such an assertion would amount to saying that, in contravention of the UN Charter, Thailand does not accept and will not enforce the Judgment of the ICJ.