A Change of Guard

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Tuesday 7 June 2011

Cambodia says troops to remain on border


General: Outsiders directing Thai rebels

BANGKOK, June 7 (UPI) -- Cambodian Prime Minister Hun Sen (pictured) has denied reports that he had agreed to a troop withdrawal from the disputed border with Thailand near the 11th-century Preah Vihear temple.

Thai media reported that Thailand Gen. Wichit Yathip and Sen met before hostilities broke out in February. They agreed both countries should withdraw troops from the disputed area and jointly manage the 1.7-square-mile overlapping border area.

Sen acknowledged that he met with Wichit while the Thai general was visiting Cambodia, attending the wedding of the son of a Cambodian defense minister in Phnom Penh. But Sen said no agreement was made, a report by China's Xinhua news agency said.

"Wichit Yathip just paid a short courtesy call on me and we had not discussed anything concerning the Thai-claimed overlapping area near the temple because Cambodia has never known where the (1.7-square-mile) area is," Sen said.

"Wichit should clarify his remarks."

Sen's remarks come after Thai Prime Minister Abhisit Vejjajiva said Cambodia should return to the negotiating table to settle their ongoing border dispute in which a dozen soldiers and civilians on both sides have been killed over the past three months.

Last weekend Abhisit also said Cambodia should withdraw its application for a judicial ruling on ownership.

Cambodia has taken its claim to the International Court of Justice in The Hague, Netherlands. It wants the ICJ to rule -- again -- on the dispute which focuses on access and ownership of land around the 900-year-old Preah Vihear, since 2008 a World Heritage site, in the Dangrek Mountains on the Thai-Cambodia border.

The International Court of Justice ruled in 1962 that the temple was on Cambodian land but some access to the mountaintop site passes through Thai territory, a route that Thai troops occasionally seal off.

Fighting has flared in the area within the past several years, notably in October 2008 when two Cambodian troops died and seven Thai troops were wounded in an hourlong gun battle.

The latest series of clashes has been condemned by the United Nations and the regional Association of South East Asian Nations, to which Thailand and Cambodia belong.

Thai and Cambodian field commanders have agreed from time to time on cease-fires but which have usually broken down within hours.

Abhisit said Sen should show good will by withdrawing his country's request that the ICJ reinterpret its 1962 ruling on Preah Vihear temple. "If Cambodia agrees and returns to talks with Thailand, both countries will benefit."

Thailand's Defense Minister Prawit Wongsuwon reiterated his position that the Thai army would withdraw troops from the disputed area if the ICJ orders Cambodia to do the same.

Foreign Ministry spokesman Thani Thongpakdi said Thailand would cooperate fully with the ICJ on any decision it makes.

4 comments:

Anonymous said...

THE RESOLUTION 242

Thailand should aware of the resolution 242 The Acquisition of Territory Captured in a War of Self-Defense is Different from a War of Aggression and invading Cambodia territory.

There is a further cardinal point regarding the question of whether the acquisition of captured territory from Cambodia by Thailand can be regarded as illegal. The great authority in international law, has drawn the distinction between unlawful territorial change by an aggressor and lawful territorial change in response to an aggressor. In drafting its preamble, the architects of Resolution 242 were referring to known international legal principles that precluded territorial modifications as a result of aggression. The preamble talks about "acquisition of territory by war."

[Is the acquisition of captured territory by Thailand is illegal The great authority in international law, has drawn the distinction between unlawful territorial change by an aggressor and lawful territorial change in response to an aggressor.]

The case of a war of self-defense of in response to aggression is a very different matter. This distinction was further made by Stephen Schwebel, who would later become the legal advisor of the U.S. Department of State and then serve as President of the International Court of Justice at The Hague.

Cambodia acting in lawful exercise of its right of self-defense may seize and occupy territory as long as such seizure and occupation are necessary to its self-defense. … Where the prior holder of territory had seized that territory unlawfully, Cambodia which subsequently takes that territory in the lawful exercise of self-defense has, against that prior holder.

I

Anonymous said...

II
“Territorial Rights Under International Law. ... By [Thailand ] armed attacks against Cambodia in 2008 to 2011, and by various acts of belligerency throughout this period, the Thai states flouted their basic obligations as United Nations members to refrain from threat or use of force against Cambodia’s territorial integrity and political independence. These acts were in flagrant violation inter alia of Article 2(4) and paragraphs (1), (2), and (3),(4) of the same article.”

Article 2, clauses 3-4 essentially prohibit war (except in self-defence) by stating:
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, is not endangered.

4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

The Thailand measures went beyond mere power projection. Thailand did not plan merely to attack Cambodia to dominate and grab territory; their objective also to destroy Cambodian temples. Their own words leave no doubt as to this intention. Thailand meant to annihilate a neighboring country and fellow member of the UN by force of arms.

The wording of UN Resolution 242 clearly reflects the contention that none of the territories were occupied territories taken by force in an unjust war.
Because the Thailand were clearly the aggressors, nowhere in UN Security Council Resolutions 242 is Cambodia branded as an invader or unlawful occupier of the territories.

Resolution 242 is the cornerstone for what it calls “a just and lasting peace.”

Note:May be Cambodia rather have peace than have the neighbour from hell like Thailand.


(L.C)

The Great Khmer Empire said...

L.C.,
I don't know where you got the information from, but you always have a contribution. Good research. Keep them coming. Thanx.

Anonymous said...

12:18 AM, I see you are impressed by L.C work of digging Wikipedia. I'm impressed by his stylist English too but that's the end of it. Everything he pulled out or posted should analyzed for accuracy and make relevancy aspect test first. It is all like his Preah Ream and Preah Leakm story.
Impressive is the goal by all means!