ICJ rules in Cambodia's favour

The International Court of Justice (ICJ) announced this morning that sovereignty over the disputed Preah Vihear Temple, on Cambodia's border with Thailand, should rest with Phnom Penh. Bangkok has been ordered to withdraw “ military or police forces or other guards or keepers” from the promontory of the 900 year-old UNESCO world heritage site, according to the ICJ's President, Judge Peter Tomka. Many hope the decision will see an end to the recent escalation of tensions between the two south east Asian neighbours, which saw Thai aircraft flying low over the territory on Saturday and nationalist groups saying that they would reject any finding of the ICJ.

Cambodia filed its application to the ICJ on 28 April 2011, requesting an interpretation of the Court's 1962 judgement, which ruled in favour of Cambodia, concerning the century-long border dispute over the promontory of the the Preah Vihear Temple in the Dangrek Mountains. In its 2011 application, Cambodia stressed the need for Thailand to withdraw its troops from the area, cease all military activity in the vicinity and refrain from any act that could aggravate the dispute, lest irreparable damage be done to relations between the two parties. Thailand refuted the claims that there was still a dispute and that these special provisions, regarding its military, be implemented.

The dispute had resurfaced in 2007, when Cambodia submitted an application to UNESCO to list the Temple as a World Heritage site. The application was subsequently withdrawn, following complaints from Bangkok, and was resubmitted, but with the area surrounding the Temple removed from potential site status. On 7 July 2008, the site was inscribed onto the World Heritage List with a “revised graphic plan”, excluding the area disputed by Bangkok and Phnom Penh. This decision led to several years of armed exchanges in and around the Khao Phra Viharn National Park, on Cambodia's northern border with Thailand.

The Temple has been the subject of belligerent political posturing by both parties since the late 19^th century and has been occupied by both sides at various points during the 20^th century. On 15 June 1962, the ICJ awarded possession of the Preah Vihear Temple to Cambodia, citing colonial maps from 1907, which clearly placed the Temple within Cambodian territory. These maps showing this demarcation were knowingly circulated by Thailand at the time, despite findings to the contrary by a bilateral boundary commission three years earlier. The area around the Temple was the only portion of the 803 km boundary that did not follow exactly the watershed line around the Dangrek Mountains, which “in a general way, constitutes the boundary between the two countries in this region”. This angered Thailand, who, nonetheless, reluctantly agreed to the ICJ verdict.

Cambodia agrees to uphold peace on disputed border

Cambodia's Deputy Prime Minister and Foreign Minister Hor Namhong said Monday that Cambodia has agreed to maintain peace along its disputed border with Thailand, irrespective of the ICJ's upcoming decision concerning the territory surrounding Cambodia's Preah Vihear Temple. Since it was approved as a UNESCO World Heritage Site on 7 July 2008, the Temple has been the scene of intermittent conflict between Cambodia and Thailand, the latter claiming ownership of the 4.6 km² of territory adjacent to the site.

"Whatever decision the ICJ makes, the Cambodian government of Prime Minister Hun Sen and the Thai government of Prime Minister Yingluck Shinawatra will abide by the court's decision, and we will maintain friendship, cooperation and serenity along the border," said Namhong to the Director General of UNESCO,Irina Bokova, who welcomed the announcement, agreeing that a peaceful solution was in tune with UNESCO's vision of protecting heritage sites all over the world. The Court is expected to rule on the disputed land, which has tested relations between the two south-east Asian nations for decades, by the end of this year.

Cambodia filed an application to the ICJ on 28 April 2011 requesting an interpretation of the Court's judgement on 15 June 1962 (which ruled in favour of Cambodia) concerning the century-long border dispute in and around the area of the Preah Vihear Temple in the Dangrek Mountains. In the 2011 application, Cambodia stressed the need for Thailand to withdraw its troops from the area, cease all military activity in the vicinity and refrain from any act that could aggravate the dispute, lest irreparable damage be done to relations between the two parties. Thailand refuted the claims that there was still a dispute and that these special provisions regarding its military be implemented. The Court ruled against Bangkok and has since heard opening statements from both parties.

New fighting on Cambodian-Thai border brings death toll to 18

A Cambodian soldier sits near that Cambodia-Thailand border in late April

A Thai soldier was killed in renewed fighting with Cambodian troops on late Monday, 2nd May or early Tuesday, 3rd May, bringing the death toll from the border dispute of the two south Asian neighbours to 18.

The fighting began on 22nd April in the border region around two disputed temples, named Ta Kwai and Ta Muen in Thai and Ta Krabey and Ta Moan in Khmer. On 26th April, the fighting spread to spread to the highly controversial Preah Vihear temple, which lies about 150km to the east.

Much of the border between Thailand and Cambodia has never been demarcated, due to disputes and the prevalence of land mines, which makes demarcation difficult. Thailand says the 12th century Ta Kwai and Ta Muen temples are situated in its Surin province, according to a 1947 map. Cambodia argues that they are in its Oddar Meanchey province. Until hostilities broke out 12 days ago, the area was jointly patrolled, largely without incident.

Tension has been high between the countries since 2008, but it has been related to Preah Vihear temple. UNESCO awarded the temple World Heritage Status in 2008, under Cambodian jurisdiction. Thailand accepts that the temple itself is in Cambodian territory, as an International Court of Justice (ICJ) ruling dictated in 1962, but it claims much of the territory around the temple. As such, it wanted the temple to be jointly listed. In particular, there is a 4.6 square kilometer area that is disputed.

Clashes broke out in February between the two sides, which led to 10 deaths and to Preah Vihear being slightly damaged. Exactly what led to the violence at the two temples in April is not clear, although predictably both sides have blamed each other.

Many analysts see political manoeuvring as being behind the violence, and both governments in the past have resorted to stoking nationalist fervour to deflect attention away from domestic political problems.

Thailand, for example, is expected to hold an election in July, and the government is worried about looking weak in its relations with Cambodia. Some analysts have suggested that the clashes may be a pretext for Thai generals, allied with ultra-nationals, to stage a coup to prevent the elections from taking place.

International condemnation of the violence was quick to come. UN Secretary-General Ban Ki-moon called for a ceasefire and said the neighbours should undertake 'serious dialogue' to resolve the dispute. Indonesia's Foreign Minister Marty Natalegawa, who is currently head of ASEAN and has been heavily involved in the Thailand-Cambodia dispute since the February clashes, also called for a ceasfire. US Secretary of State Hilary Clinton urged both sides to exercise restraint and to take immediate steps to defuse the tension.

Despite both sides agreeing to a cease-fire on Thursday, 28th April, clashes have yet to stop, although they have decreased from their early intensity. Both sides said the other first broke the ceasefire, and they have both considerably increased their military presence in the border region.

Cambodia has consistently appealed for international mediation for the border disputes, but Thailand maintains they can be solved through bilateral dialogue. On Friday, 29th April, Cambodia announced that it had asked the ICJ to clarify its 1962 ruling. It also requested provisional measures, including the removal of Thai forces from the temple area.

Indonesia has tried to facilitate talks and to send military observers to the border. Thailand has, however, delayed the Indonesian observers, and it seems likely that this is what prompted Cambodia's ICJ appeal.

Some 100,000 people were forced to flee the border areas due to the clash, however many have started to return. Eight Thai troops, one Thai civilian and nine Cambodian soldiers have been killed, and some homes have been damaged on both sides.

Thailand recently admitted to using internationally–banned cluster munitions in the fighting in February. Cambodia's Defence Ministry said that in the most recent clashes, Thailand has used shells 'loaded with poisonous gas', a claim Thailand has denied. Cambodia has also said that Thailand has fired artillery shells on civilian villages.

Sources: BBC News, Christian Science Monitor, Financial Times, RTE, AFP, Al Jazeera, Seattle Times

For more information, please see the Menas Borders website, here.

UN calls for 'permanent ceasefire' between Thailand and Cambodia

Thai FM Kasit Piromya (left) and Cambodian FM Hor Namhong in New York

The UN Security Council (UNSC) has called for a 'permanent ceasefire' between Thailand and Cambodia after a border dispute erupted into deadly clashes last week around a disputed Hindu temple.

 

The council insisted it would not intervene in the border dispute, and encouraged mediation efforts by Indonesia, the current president of the Association of Southeast Asian Nations (ASEAN).

Clashes broke out on 4th February around the base of the 11th century Preah Vihear temple, and lasted for 3 days. The temple and the area around it has been the cause of great tension between the two neighbours. The International Court of Justice (ICJ) ruled in 1962 that it lay in Cambodian territory, but it did not rule on the 4.6sq km at the base of the temple, where the main access lies, which has been in dispute ever since.

Cambodia sought – and was awarded – world heritage status for the temple in 2008, despite the wishes of Thailand which wanted the temple to have joint Cambodian-Thai status. Border clashes broke out soon after, and tension in the border region has been present since.

Displaced people leave the border region

The most recent spate of violence was, however, the most extreme. At least 10 people died and some 30,000 people were displaced from villages in the border region. Additionally, the temple itself was damaged in one of the Thai artillery offensives. Both sides claimed the other side started attacking first.

Cambodia last week submitted petitions to the UNSC calling for international intervention in handling the issue. Thai, Cambodia and Indonesian representatives met with the UNSC in New York on Monday 14th February.

Council president Maria Luiza Ribeiro Viotti of Brazil made the call for a ceasefire after a closed door session with foreign ministers of Cambodia, Thailand and Indonesia.

"Members of the Security Council urge the parties to establish a permanent ceasefire and to implement it fully," she said.

Ms Viotti said council members expressed "great concern" over the clashes and "called on the two sides to display maximum restraint and avoid any action that may aggravate the situation."

Cambodia has been trying to raise the border fighting issue to the UN platform since 2008, but without success. Thailand has rejected third party intervention and mediation, and despite the current violence, it appears the position has not changed.

Thai foreign minister Kasit Piromya, speaking early on 16th February to the National Broadcasting Services of Thailand (NBT) said Thailand supports a 'permanent ceasefire' agreement and that the country could implement it soon after defense ministers of both countries hold talks.

"Thailand has proposed to hold Joint Boundary Commission (JBC) meeting on Feb 27 and Cambodia should express her sincerity to solve border issue by joining the talks," Thai FM said. At the UNSC meeting, he insisted the two countries could resolve the dispute themselves.

He also said that Cambodia's development plans for the area surrounding the Preah Vihear temple should be halted until negotiations on border demarcation could reach agreement.

"The listing of Preah Vihear temple was seen as the source of fresh tension and had frequently led to cross-border clashes," Kasit said.

On Sunday 13th February, Thai prime minister Abhisit Vejjajiva laid the blame for the crisis on UNESCO's decision to declare the temple ruins a world heritage site even though the land around it is disputed.

Cambodia has taken a tougher line, with foreign ministry spokeman Koy Kuong saying UNESCO was not to blame.

"The war was not caused by the listing of the temple, but by Thailand's invasion of Cambodian territory," said the Cambodian spokesman.

"They want not only the territory, but also the temple."

Cambodia's Prime Minister Hun Sen even went as far as calling the clashes a 'real war', the first time the term has been used to refer to clashes between Thailand and Cambodia.

ASEAN president and Indonesia foreign minister Marty Natalegawa is using the issue to try to raise the standing of ASEAN. His call for a "brief, urgent and informal" meeting with his ASEAN counterparts on 22nd February in Jakarta is an anticipation of a mandate from the Security Council for ASEAN, under his leadership, to take up "regional" responsibility.

A more systematic approach to conflict resolution and dispute settlements as outlined in the ASEAN Charter as well as those contained in the ASEAN Political and Security Community blueprint are likely to be discussed and put into practice.

In recent international security issues, the UNSC has often made use of Article 52 of the UN Charter to share burden and delegate responsibility to existing regional arrangements. ASEAN members have traditionally avoided taking collective responsibility, but it appears that is now changing.

Sources: Bangkok Post, Xinhua, China Post, BBC News

For more information on this dispute, see the Menas Borders website, here.

Soldiers exchange fire along Thai-Cambodian border

Cambodian soldiers at the Preah Vihear temple

Gunfire has been exchanged by Cambodian and Thai soldiers on the afternoon of Friday 4th February.

The clash started just after 1500 local time near the disputed 4.6 square km around the base of the Preah Vihear temple. At least two Thai soldiers have been wounded according to the Bangkok Post, and it is not clear if there were any injuries on the Cambodian side.

Unsurprisingly, both sides blame the other for starting the clash. Thai Lt-Gen Tawatchai Samutsakhon, the second Army commander, said it was Cambodian troops who started the shooting. A Cambodian government spokesman, however, told the BBC that Thai soldiers had encroached upon Cambodian territory, and said a similar incident had only been narrowly avoided the day before.

The BBC reported that witnesses in the area said that Thai troops had attacked a Cambodian Buddhist pagoda in the border area.

Artillery shells have landed in Huay Thip village, north of the Preah Vihear temple and about 1km from Phu Makhua mountain, which is part of the disputed area.

Thailand's TNN TV news channel carried a live report from a villager in the area, who said a 50 year old man had been killed and others hurt by artillery shells which landed in his village, which is well inside Thai territory.

Tension has been on the rise between Thailand and Cambodia in recent weeks after a group of 7 Thai citizens were arrested and charged with illegally entering Thai territory. Two of the arrested are nationalist activists, and they have been convicted of espionage.

Thailand's Foreign Minister Kasit Piromya was in Cambodia on Friday holding talks with his Cambodian counterpart, Hor Namhong to try to defuse tensions. They agreed to work to calm tensions over a dispute over the use of national flags in the disputed border region near Preah Vihear temple. They also pledged their commitment to efforts to the demarcation negotiations taking place through the Joint Boundary Commission (JBC).

Mr Kasit said he would visit Veera Somkwankid and Ratree Pipatanapaiboon, the two jailed activists to discuss what help could be provided by the government.

The 11th century Preah Vihear temple was awarded to Cambodia in a 1962 International Court of Justice ruling. The 4.6sq km area around the base of the temple was not, however, ruled on, and has remained in dispute since. The temple became a world heritage site in 2008 under sole Cambodian ownership, an event which immediately sparked border clashes. The border situation has remained tense between the two neighbours ever since.

Sources: BBC News, Bangkok Post

For more information on the Thailand-Cambodia border dispute, see the Menas Associates website, here.