A Change of Guard

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Tuesday 7 June 2011

Cambodia Refuses To Withdraw International Court Request

Cambodian troops patrolling Preah Vihear temple in 2008.

By Chun Sakada,
VOA Khmer | Phnom Penh
Monday, 06 June 2011

Prime Minister Hun Sen said Monday Cambodia will not withdraw its request to the International Court of Justice for a decision clarification on land near Preah Vihear temple, following calls for a continuation of bilateral talks by Thailand.

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Thai Prime Minister Abhisit Vejjajiva was quoted Sunday saying Cambodia should withdraw its request from the court, which heard arguments on both sides last week in the Hague.

Cambodia wants the court to clarify a 1962 decision that gave the temple to Cambodia, in hopes it can also be used to determine other borders. Thai officials say that decision should not be used to determine sovereignty on land near the temple.

Abhisit said Sunday that Cambodia should withdraw the request as a good faith initiative for bilateral talks over the border, the site of numerous deadly clashes since a build-up began in 2008.

Abhisit recommended a joint management plan for a 4.6-kilometer stretch of land near the temple, which has been a major point of contention in the border conflict. The most recent fighting, in April, left more than a dozen people killed and sent thousands of civilians fleeing.

Speaking at a graduation ceremony at the Royal School of Administration, Hun Sen said on Monday that Cambodia would not withdraw the case “at any cost.”

Hun Sen said a joint management plan is not possible and denied the existence of “overlapping” land.

9 comments:

Anonymous said...

Thailand is risking of violates the U.N. Charter, article 94(2

The ICJ function is to resolve disputes between sovereign states. Disputes may be placed before the court by parties upon conditions prescribed by the U.N. Security Council. No state, however, may be subject to the jurisdiction of the court without the state's consent. Consent may be given by express agreement at the time the dispute is presented to the court, by prior agreement to accept the jurisdiction of the court in particular categories of cases, or by treaty provisions with respect to disputes arising from matters covered by the treaty.

The most common type of conflict presented to the ICJ is treaty interpretation. In these cases the ICJ is asked to resolve disagreements over the meaning and application of terms in treaties formed between two or more countries. Other cases range from nuclear testing and water boundary disputes to conflicts over the military presence of a foreign country.

ICJ has been maligned for the inconsistency of its decisions and its lack of real enforcement power. But its ambitious mission to resolve disputes between sovereign nations makes it a valuable source of support for many countries in their political interaction with other countries.

The judgment of the ICJ is binding and (technically) cannot be appealed (arts. 59, 60) once the parties have consented to its jurisdiction and the court has rendered a decision. However, a state's failure to comply with the judgment violates the U.N. Charter, article 94(2). Noncompliance can be appealed to the U.N. Security Council, which may either make
(I)

Anonymous said...

(II)
recommendations or authorize other measures by which the judgment shall be enforced. A decision by the Security Council to enforce compliance with a judgment rendered by the court is subject to the Veto power of permanent members, and thus depends on the members' willingness not only to resort to enforcement measures but also to support the original judgment.

Article 94

1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.(mostly guided missiles striking the airbase and follow by air-strike)

Mostly France lead the pact of enforcing the UN charter and is the time for France to tidy up loose end affair that french started since 1893 for it former colony,and Thailand is risking of wipe out it entire airforce.

(L.C)

Anonymous said...

Thanks God, finally bad Karma has catching up with Thailand.

Anonymous said...

I want to see french and Russian fighter jets do the demolition job on Thailand.

Anonymous said...

violates the U.N. Charter, article 94(2) look really serious and will make Thailand become Dieland.

A lot of Thai people they simply do not know what they talking about the long arm of law will catch up with them.

Anonymous said...

Thai know that they in the deep shit and can't get out they appeal for Hun Sen mercy.

Anonymous said...

Thais are in the mercy of PM Hun Sen Thai should ask directly not by intimidating or beat around the bush it not work that way .

Anonymous said...

Siem is now the land of the outlaw, locally and internationally.

Anonymous said...

Thailand said...ICJ has no authority over them? WOW!