Wednesday, 04 May 2011
By James O'Toole
Phnom Penh Post
A final ruling on the government’s request that the International Court of Justice (pictured) reinterpret its 1962 judgment on Preah Vihear temple could take “years”, an ICJ official said yesterday, though a provisional ruling requiring that troops withdraw from the area could be issued within a few weeks.
Last week, Foreign Minister Hor Namhong travelled to The Hague, where he submitted the request to the ICJ for the judgment’s reinterpretation.
The ICJ is an arm of the United Nations that handles disputes between states. Its 1962 judgment handed sovereignty of Preah Vihear to Cambodia, though conflict with Thailand in the area has continued due to competing claims over an adjacent, 4.6-square-kilometre patch of territory.
Cambodia’s request to the ICJ has two components, according to case documents posted to the ICJ’s website on Monday.
One is a request for the court to order “provisional measures” including “an immediate and unconditional withdrawal of all Thai forces from those parts of Cambodian territory situated in the area of the Temple of Preah Vihear” and “a ban on all military activity by Thailand in the area”.
Second, the government has called for an interpretation of the “meaning” and “scope” of the 1962 judgment as it relates to the boundary between Thailand and Cambodia.
Kingdom officials marked their request “urgent”, and Andrey Poskakukhin, head of the information department at the ICJ, said yesterday that the court “will deal with and consider this case as soon as possible”.
“For the provisional measures, it will be quick – a matter of weeks or a couple of months,” he said. “But for the interpretation on the merits of the case, the interpretation can take years.”
In ruling on both the requested provisional measures and on the reinterpretation of the judgment, Poskakukhin said, the ICJ will accept written pleadings from the parties prior to holding public hearings. The ICJ does not itself have the power to enforce its judgments, he added, though parties to its cases can appeal for assistance to the UN Security Council.
With peace talks with Thailand making little progress, Foreign Ministry spokesman Koy Kuong said yesterday that the Kingdom hoped the ICJ would provide “the peaceful and the final solution to the border issues”.
The Thai government, which has continually opposed third-party involvement in the dispute, said last week that it “regrets” the Cambodia’s appeal to the ICJ but is prepared to fight the case.
A final ruling on the government’s request that the International Court of Justice (pictured) reinterpret its 1962 judgment on Preah Vihear temple could take “years”, an ICJ official said yesterday, though a provisional ruling requiring that troops withdraw from the area could be issued within a few weeks.
Last week, Foreign Minister Hor Namhong travelled to The Hague, where he submitted the request to the ICJ for the judgment’s reinterpretation.
The ICJ is an arm of the United Nations that handles disputes between states. Its 1962 judgment handed sovereignty of Preah Vihear to Cambodia, though conflict with Thailand in the area has continued due to competing claims over an adjacent, 4.6-square-kilometre patch of territory.
Cambodia’s request to the ICJ has two components, according to case documents posted to the ICJ’s website on Monday.
One is a request for the court to order “provisional measures” including “an immediate and unconditional withdrawal of all Thai forces from those parts of Cambodian territory situated in the area of the Temple of Preah Vihear” and “a ban on all military activity by Thailand in the area”.
Second, the government has called for an interpretation of the “meaning” and “scope” of the 1962 judgment as it relates to the boundary between Thailand and Cambodia.
Kingdom officials marked their request “urgent”, and Andrey Poskakukhin, head of the information department at the ICJ, said yesterday that the court “will deal with and consider this case as soon as possible”.
“For the provisional measures, it will be quick – a matter of weeks or a couple of months,” he said. “But for the interpretation on the merits of the case, the interpretation can take years.”
In ruling on both the requested provisional measures and on the reinterpretation of the judgment, Poskakukhin said, the ICJ will accept written pleadings from the parties prior to holding public hearings. The ICJ does not itself have the power to enforce its judgments, he added, though parties to its cases can appeal for assistance to the UN Security Council.
With peace talks with Thailand making little progress, Foreign Ministry spokesman Koy Kuong said yesterday that the Kingdom hoped the ICJ would provide “the peaceful and the final solution to the border issues”.
The Thai government, which has continually opposed third-party involvement in the dispute, said last week that it “regrets” the Cambodia’s appeal to the ICJ but is prepared to fight the case.
7 comments:
yes, yes, justice will reveal 1 for all, we need our territories back,,
Abhishit vejjajiva will urinate in his pant...
Thailand will give back Surin province and Buriram to CAMBODIA!
Thailand will hang themselves to death..
on va voir qu'est-ce que la Thailande va sortir encore comme arguments ?
La Thailande sera perdue , car les 10 ans de décision de la Cour de la Haye était déjà dépassé !
Que le procès va assez vite , comme ça l'armée thailandais se reire assez rapidement !
et les civils déplacés peuvent retourner chez-eux !
This is our best hope to achieve a peaceful solution with Thailand. Our legal team must be experts in international laws. We must hire the best lawyers from abroad like what our government did from 1959-1962. Thailand has put together a formidable legal team now. If we are complacent, we might lose and that's the end of our Preah Vihear because if Thailand took the 4.6sq.km, we don't have any access from Cambodia to enter the temple, we need to enter the temple through Thailand. As a result, we lose our sovereignty and Preah vihear will then be at the mercy of Thailand.
Thailand is doom on the papers but it will stop Thailand ambitious we can kill them all but we never kill their ambitious .
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