Op-Ed by Khmerization
12th February, 2011
The latest flares of a border scuffle between Cambodian and Thai troops have once again drawn international attention to the region as Cambodia has successfully managed to drag the UN Security Council (UNSC) to the case, despite Thai opposition.
Cambodia’s overstepping of the regional engagement by Asean has undermined the solidarity of the Asean grouping and its role as a guarantor of regional security.
However, with the belligerence and bellicosity shown by Thailand, many Cambodia’s observers viewed Cambodia’s internationalization of the conflict as understandable considering that it has taken many steps at keeping the issue bilateral and regional.
After the Thai occupation of the Preah Vihear surrounding areas on 15th July 2008, Cambodia has agreed to hold direct talks with Thailand on 22nd July of the same year, but Thailand steadfastly refused to withdraw troops from the occupied areas. Cambodia then went to the Asean Forum the next day when the grouping was still meeting in Singapore to seek a resolution through Asean’s mechanisms, but the grouping had ignored Cambodia’s plea for intervention. Cambodia then went to the UN Security Council who then told the two countries to come back to the negotiating table. The result was that, after 2 and a half years of bilateral talks and after four major armed clashes and many losses of lives, the Khmer-Thai conflict is nowhere closer to any resolution.
From a Cambodian perspective, one would believe that Cambodia has exhausted all avenues of bilateral and regional engagements. Cambodia’s patience has run out, even though one believes that it should have run out a long time ago. Because direct talks have failed so many times, Cambodia should suspend all bilateral engagements with Thailand as two and a half years of bilateral meetings had produced no results, but instead led to more tensions and conflict.
Notwithstanding Cambodia’s many attempts at keeping the issue bilateral and regional, its attempt has failed miserably due to the insincerity of the Thai side. As a result, Cambodia has every right to internationalise the issue so as to avoid any further armed conflict and losses of lives.
Cambodia has so far successfully engaged the UN Security Council in this conflict and its request for a UN troop or international troop deployment is a positive step, though the deployment looks unlikely as the international peace-keeping force is overstretched.
From a Cambodian point of view, the internationalisation of the conflict and the engagement of the UN Security Council is a positive step toward a peaceful resolution of the conflict. However, one should view UNSC’s engagement with cautious optimism as it has disappointed Cambodia over the issue once before in 2008.
Where to go from here should the UNSC failed to deliver a satisfactory outcome for both parties?
Cambodia still has one last option in which to achieve a peaceful and satisfactory resolution and that is the International Court of Justice (ICJ). Cambodia must be mindful that Thailand is not a full member of the ICJ and therefore Cambodia cannot take Thailand to the ICJ. However, Cambodia can request the ICJ to re-interpret the 1962 verdict that adjudicated to give ownership of the Preah Vihear temple to Cambodia and required Thailand to withdraw all troops, guards and police from the vicinity of the Preah Vihear temple. One of the judgements reads: “Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory”.
The above verdict stated clearly that Thailand is under an obligation to withdraw troops from “the Temple, or its vicinity on Cambodian territory.” Maps commissioned in 1908 by the Joint Franco-Siamese Commission put the temple and the areas, or the temple’s “vicinity”, claimed by Thailand, inside Cambodia. So, the 1962 ICJ verdict was clear: The areas or the temple’s “vicinity” currently claimed by Thailand have been judged to belong to Cambodia.
The Cambodian-Thai conflict has now moved from the battlegrounds to the international diplomatic front. Cambodia can now engage with Thailand on an equal footing, where it can’t on the battlegrounds. Many analysts, including those in Thailand, have opined that Cambodia has an advantage edge over Thailand on this front. From a Cambodian perspective, one would suggest that Cambodia maximizes its chances to the fullest. It must step up its regional and international diplomacy as well as international laws because this is where it has an advantage over Thailand.
Cambodia has so far pushed Thailand into the corner on the world stage. The UN Security Council meeting is one success that would give Cambodia an impetus and hope alive. Now it has also successfully convinced Unesco to come and visit the Preah Vihear temple to inspect any damages that may have caused by Thai artillery shells. Cambodia’s plan to expose Thai crimes against Preah Vihear temple and the use of cluster bombs and poisonous gas and chemical weapons against Cambodian troops and civilians is another coup that could put Thailand into troubles with international laws.
Cambodia has many more advantages over Thailand in all diplomatic fronts and remedies through international legal channels. It has all relevant international conventions and treaties the French colonial protectorate had signed with Thailand at the turn of the 20th century, then known as Siam. All of these documents had all pointed out that the so-called “disputed territory” claimed by Thailand is situated under the sovereignty of Cambodia. The French offer to make available maps, commissioned by the Joint Franco-Siamese Commission, and treaty documents signed between France and Siam, to any country that wants them have added more weight to the Cambodian legal efforts. Cambodia should take the opportunity to accept the French offer and widely distribute and circulate these documents to all five members of the UNSC and all interested countries to lobby them and convince them of the Cambodian legitimate claims to the temple and the surrounding areas.
On conclusion, while engaging the international community and the UNSC as much as possible, Cambodia should not dwell on their engagement and support as a divine intervention. It seems that Thailand will not settle for anything less than the ownership of the 4.6 sq.km of the so-called “disputed territory” around Preah Vihear temple, so Cambodia to has to prepare itself for a prolonged diplomatic and a protracted conventional warfare with Thailand. With this in mind, Cambodia should not wait any longer in taking the matter to the International Court of Justice and requests it to re-interpret the 1962 verdict, should the UN Security Council meeting on Monday 14th February failed to produce any satisfactory results.
12th February, 2011
The latest flares of a border scuffle between Cambodian and Thai troops have once again drawn international attention to the region as Cambodia has successfully managed to drag the UN Security Council (UNSC) to the case, despite Thai opposition.
Cambodia’s overstepping of the regional engagement by Asean has undermined the solidarity of the Asean grouping and its role as a guarantor of regional security.
However, with the belligerence and bellicosity shown by Thailand, many Cambodia’s observers viewed Cambodia’s internationalization of the conflict as understandable considering that it has taken many steps at keeping the issue bilateral and regional.
After the Thai occupation of the Preah Vihear surrounding areas on 15th July 2008, Cambodia has agreed to hold direct talks with Thailand on 22nd July of the same year, but Thailand steadfastly refused to withdraw troops from the occupied areas. Cambodia then went to the Asean Forum the next day when the grouping was still meeting in Singapore to seek a resolution through Asean’s mechanisms, but the grouping had ignored Cambodia’s plea for intervention. Cambodia then went to the UN Security Council who then told the two countries to come back to the negotiating table. The result was that, after 2 and a half years of bilateral talks and after four major armed clashes and many losses of lives, the Khmer-Thai conflict is nowhere closer to any resolution.
From a Cambodian perspective, one would believe that Cambodia has exhausted all avenues of bilateral and regional engagements. Cambodia’s patience has run out, even though one believes that it should have run out a long time ago. Because direct talks have failed so many times, Cambodia should suspend all bilateral engagements with Thailand as two and a half years of bilateral meetings had produced no results, but instead led to more tensions and conflict.
Notwithstanding Cambodia’s many attempts at keeping the issue bilateral and regional, its attempt has failed miserably due to the insincerity of the Thai side. As a result, Cambodia has every right to internationalise the issue so as to avoid any further armed conflict and losses of lives.
Cambodia has so far successfully engaged the UN Security Council in this conflict and its request for a UN troop or international troop deployment is a positive step, though the deployment looks unlikely as the international peace-keeping force is overstretched.
From a Cambodian point of view, the internationalisation of the conflict and the engagement of the UN Security Council is a positive step toward a peaceful resolution of the conflict. However, one should view UNSC’s engagement with cautious optimism as it has disappointed Cambodia over the issue once before in 2008.
Where to go from here should the UNSC failed to deliver a satisfactory outcome for both parties?
Cambodia still has one last option in which to achieve a peaceful and satisfactory resolution and that is the International Court of Justice (ICJ). Cambodia must be mindful that Thailand is not a full member of the ICJ and therefore Cambodia cannot take Thailand to the ICJ. However, Cambodia can request the ICJ to re-interpret the 1962 verdict that adjudicated to give ownership of the Preah Vihear temple to Cambodia and required Thailand to withdraw all troops, guards and police from the vicinity of the Preah Vihear temple. One of the judgements reads: “Thailand is under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory”.
The above verdict stated clearly that Thailand is under an obligation to withdraw troops from “the Temple, or its vicinity on Cambodian territory.” Maps commissioned in 1908 by the Joint Franco-Siamese Commission put the temple and the areas, or the temple’s “vicinity”, claimed by Thailand, inside Cambodia. So, the 1962 ICJ verdict was clear: The areas or the temple’s “vicinity” currently claimed by Thailand have been judged to belong to Cambodia.
The Cambodian-Thai conflict has now moved from the battlegrounds to the international diplomatic front. Cambodia can now engage with Thailand on an equal footing, where it can’t on the battlegrounds. Many analysts, including those in Thailand, have opined that Cambodia has an advantage edge over Thailand on this front. From a Cambodian perspective, one would suggest that Cambodia maximizes its chances to the fullest. It must step up its regional and international diplomacy as well as international laws because this is where it has an advantage over Thailand.
Cambodia has so far pushed Thailand into the corner on the world stage. The UN Security Council meeting is one success that would give Cambodia an impetus and hope alive. Now it has also successfully convinced Unesco to come and visit the Preah Vihear temple to inspect any damages that may have caused by Thai artillery shells. Cambodia’s plan to expose Thai crimes against Preah Vihear temple and the use of cluster bombs and poisonous gas and chemical weapons against Cambodian troops and civilians is another coup that could put Thailand into troubles with international laws.
Cambodia has many more advantages over Thailand in all diplomatic fronts and remedies through international legal channels. It has all relevant international conventions and treaties the French colonial protectorate had signed with Thailand at the turn of the 20th century, then known as Siam. All of these documents had all pointed out that the so-called “disputed territory” claimed by Thailand is situated under the sovereignty of Cambodia. The French offer to make available maps, commissioned by the Joint Franco-Siamese Commission, and treaty documents signed between France and Siam, to any country that wants them have added more weight to the Cambodian legal efforts. Cambodia should take the opportunity to accept the French offer and widely distribute and circulate these documents to all five members of the UNSC and all interested countries to lobby them and convince them of the Cambodian legitimate claims to the temple and the surrounding areas.
On conclusion, while engaging the international community and the UNSC as much as possible, Cambodia should not dwell on their engagement and support as a divine intervention. It seems that Thailand will not settle for anything less than the ownership of the 4.6 sq.km of the so-called “disputed territory” around Preah Vihear temple, so Cambodia to has to prepare itself for a prolonged diplomatic and a protracted conventional warfare with Thailand. With this in mind, Cambodia should not wait any longer in taking the matter to the International Court of Justice and requests it to re-interpret the 1962 verdict, should the UN Security Council meeting on Monday 14th February failed to produce any satisfactory results.
8 comments:
http://www.mcot.net/cfcustom/cache_page/168799.html
Please help verify this news that there are another fighting in Poi Pet.
Thanks for the info but as I reseach on the God stuff my scientific point that Gods are alien visiting earth UFO as their vescles. alot of evidence in bible as well as fact. We found giant race too, they are from another planet. UFO is real but at that time mankind think alien and UFO as God and magic super power. Yes there are alot of evidence about flood that is why many ancient cities are still under water at the moment. also the atlantic legent is also real.
Plus mankind did walk with dianosours. The revolution theory is fail by real fact evidences.
We have no war at Pot Pet because we are sick of making war and want to making love instead. We want to eat pork chop, Chinese BBQ port, BBQ duck, seafoods, drinking juice or beer and lay down on the beach watching sunshine with lover. OK, We don't want to fighting for any one we like to make love not war!!!!
Cambodia must use all our diplomatic and legal advantages to the fullest so that we can outmaneuver and win over the Thais. Don't back down, keep going forward. If we back down this time, the international community will not care and help us again. Thailand like bilateral talks because it is bigger and stronger so it has advantage over Cambodia by using military intimidation and so on.
Thanks 11:52 PM, I really can't watch that site because it makes me wet my paint already...Geee
The Thai govt knows that Cambodia has alot of advantages over them if the issue is internationalized that's why Thai don't want to go there. We have all the evidences. But the Thai govt is a hypocrite because it is doing everything it can to convince the UN and UNESCO by sending its respected people to have a BILATERAL meeting first before the official meeting. I hope the Cambodia Govt knows what they are doing. I am also afraid that the UN might be taking side with the Thai since the US is a close friend of Thai according to Kasit Piromya.
I hope Cambodia govt has THOUSAND of good LOYAL advisors that are true to KHMER...no traitors. KHMER had lost most of its territories because of traitors within.
10:51 PM, I tried to search for any news about the Poipet fighting,but I can't find any up 8 p.m Cambodia time. I hope one of our readers in Poipet or somewhere nearby can verify it.
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