A Change of Guard

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Saturday 19 July 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

2 comments:

Anonymous said...

we must lesrn how to live together as a human being to prevent from killing each other.that's my point of view. even it means that its belong to khmer.
peace to all!

Khmerization said...

Thanks for your comment. I agree with you that peace must be maintained and war should be avoided at all cost. I believe that to have peace and avoid war, neighbours should not use force to solve disputes. That said, Thailand must not send in the troops to evict the Cambodian villagers in the first place. Negotiations must be exhausted first before it can come to the stage where both sides are now in - military confrontation.