A Change of Guard

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Saturday 19 December 2009

Former International Court of Justice official urges Cambodia to sue Thailand in Sabotage Court of The Hague


By Khmerization

A former senior official of the International Court of Justice in The Hague said to end the current border dispute with Thailand, Cambodia can sue Thailand in the Sabotage Court of The Hague to make Thailand respecting Cambodia's sovereignty, reports Reaksmei Kampuchea.

Mr. Tjaco Theo vanden Hout (pictured), current Dutch Ambassador to Cambodia and former official of the International Court of Justice in The Hague made this comment while giving a speech to a group of students in Phnom Penh on 16th December. He said the stalled border negotiation with Thailand can only be resolved if Cambodia sue Thailand in the Sabotage Court of The Hague to make Thailand respect Cambodia's sovereignty. "In regard to the Cambodian-Thai issue, for the winner of the 1962 court case it didn't need the court to explain the verdict. Only the loser needs to ask the court to explain the verdict if it found sufficient evidence, but it cannot appeal the verdict. The reason (Cambodia) cannot sue Thailand (now) is because Thailand does not recognise the jurisdiction of the International Court of Justince in The Hague", he said.

He added that Article 60 in the statute of the International Court of Justice does not allow appeal.

Mr. Var Kimhong, Cambodian chief border negotiator, said the reason border negotiations were stalled was because Thailand refused to withdraw the 10 soldiers it deployed at Wat Keo Sekha Kirisvarak. However, he added that the verdict of the International Court of Justice (ICJ) in 1962 ordered Thailand to withdraw troops from all Cambodian territories. "We have the verdict of the International Court of Justice in 1962 and we demand that Thailand respect that verdict. Thailand said it had respected that verdict, but in fact it did not fully respect that verdict", he said.

He added that the verdict of the ICJ required Thailand to withdraw troops from Preah Vihear temple and the areas in the vicinity of the temple, so the 4.6 square kilometres of territory around the temple is not an "overlapping area" because both countries have an internationally-recognised 1904 border convention and 1907 border treaty which were recognised by Thailand", he added.

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