MINISTER SAYS ICJ HAS NO AUTHORITY TO RULE
Writer: Wassana Nanuam
Published: 5/06/2011
Bangkok Post
SINGAPORE : Thailand is set to defy any order by the International Court of Justice to withdraw troops from the border area disputed with Cambodia.
Defence Minister Prawit Wongsuwon said yesterday that the ICJ had "no authority" to issue such an order and Thailand would not comply should one be issued.
The minister's comments come as the ICJ deliberates Cambodia's requests for a reinterpretation of the court's 1962 ruling which favoured Cambodia, and to order Thailand to withdraw troops and cease all military activity near Preah Vihear temple, situated inside the 4.6 square kilometre disputed area.
The UN's highest court is expected to rule on troop withdrawal early next month.
"Thailand will respect the ICJ's decision, but the body has no authority to order Thai troops to retreat. Thai soldiers won't step back from our territory," Gen Prawit said on the sidelines of the three-day Shangri-La dialogue in Singapore.
The dialogue is an inter-governmental security forum held every year by London's International Institute for Strategic Studies and assisted by the Singaporean Defence Ministry. It is considered the most important security forum in the Asia-Pacific region.
Gen Prawit said Thailand would only withdraw forces from the disputed area if the ICJ orders Cambodia to do likewise.
The defence minister's stance was backed by acting government spokesman Panitan Wattanayagorn, who also attended the security forum.
"The ICJ has no authority to force Thailand to withdraw troops," Mr Panitan said.
If the court demands Thai troops leave the area and Thailand refuses to comply, Mr Panitan said he believes Cambodia would take the case to the United Nations Security Council (UNSC).
The UNSC is responsible for enforcing ICJ orders when a subject country refuses to comply with them.
Foreign Minister Kasit Piromya said upon returning on Thursday from a two-day ICJ oral hearing in the Hague that the court has no enforcement power, but as a good UN member country, Thailand would comply with its decision.
Mr Kasit also said earlier that if the ICJ ordered Thailand to withdraw troops, it should order Cambodia to do the same.
The Thai-Cambodian border row has been raised at the high-profile Asian defence forum, attended by top security officials from almost 30 nations, including the United States, Russia, the United Kingdom and China.
Malaysian Prime Minister Najib Razak said in his keynote address on Friday that the region had high hopes for an imminent resolution.
"With Thailand and Cambodia currently at the Hague, our region knows only too well how deadly such clashes can be," Mr Najib said.
"Of course, difficulties between neighbours will flare up from time to time but, in our region, significant progress has in fact been made in settling some of these disputes over the years."
Mr Najib said he hoped that all border disputes could be resolved in the spirit of mutual respect and cooperation.
Indonesian Defence Minister Purnomo Yusgiantoro told the Bangkok Post that domestic political problems in Thailand and Cambodia were partly to blame for the slow progress in resolving the conflict.
Gen Prawit said the General Border Committee (GBC) meeting was the best mechanism to resolve the spat.
However, prospects of a GBC meeting, originally scheduled for this month, look rather dim as Thailand and Cambodia failed to agree on the deployment of an Indonesian observation team.
The two sides agreed at the Asean foreign ministers' meeting in Jakarta to accept Indonesian observers to monitor the ceasefire at the border on Feb 22, but the deployment was delayed because Thailand demanded Cambodian soldiers and residents be withdrawn from the disputed area first.
Published: 5/06/2011
Bangkok Post
SINGAPORE : Thailand is set to defy any order by the International Court of Justice to withdraw troops from the border area disputed with Cambodia.
Defence Minister Prawit Wongsuwon said yesterday that the ICJ had "no authority" to issue such an order and Thailand would not comply should one be issued.
The minister's comments come as the ICJ deliberates Cambodia's requests for a reinterpretation of the court's 1962 ruling which favoured Cambodia, and to order Thailand to withdraw troops and cease all military activity near Preah Vihear temple, situated inside the 4.6 square kilometre disputed area.
The UN's highest court is expected to rule on troop withdrawal early next month.
"Thailand will respect the ICJ's decision, but the body has no authority to order Thai troops to retreat. Thai soldiers won't step back from our territory," Gen Prawit said on the sidelines of the three-day Shangri-La dialogue in Singapore.
The dialogue is an inter-governmental security forum held every year by London's International Institute for Strategic Studies and assisted by the Singaporean Defence Ministry. It is considered the most important security forum in the Asia-Pacific region.
Gen Prawit said Thailand would only withdraw forces from the disputed area if the ICJ orders Cambodia to do likewise.
The defence minister's stance was backed by acting government spokesman Panitan Wattanayagorn, who also attended the security forum.
"The ICJ has no authority to force Thailand to withdraw troops," Mr Panitan said.
If the court demands Thai troops leave the area and Thailand refuses to comply, Mr Panitan said he believes Cambodia would take the case to the United Nations Security Council (UNSC).
The UNSC is responsible for enforcing ICJ orders when a subject country refuses to comply with them.
Foreign Minister Kasit Piromya said upon returning on Thursday from a two-day ICJ oral hearing in the Hague that the court has no enforcement power, but as a good UN member country, Thailand would comply with its decision.
Mr Kasit also said earlier that if the ICJ ordered Thailand to withdraw troops, it should order Cambodia to do the same.
The Thai-Cambodian border row has been raised at the high-profile Asian defence forum, attended by top security officials from almost 30 nations, including the United States, Russia, the United Kingdom and China.
Malaysian Prime Minister Najib Razak said in his keynote address on Friday that the region had high hopes for an imminent resolution.
"With Thailand and Cambodia currently at the Hague, our region knows only too well how deadly such clashes can be," Mr Najib said.
"Of course, difficulties between neighbours will flare up from time to time but, in our region, significant progress has in fact been made in settling some of these disputes over the years."
Mr Najib said he hoped that all border disputes could be resolved in the spirit of mutual respect and cooperation.
Indonesian Defence Minister Purnomo Yusgiantoro told the Bangkok Post that domestic political problems in Thailand and Cambodia were partly to blame for the slow progress in resolving the conflict.
Gen Prawit said the General Border Committee (GBC) meeting was the best mechanism to resolve the spat.
However, prospects of a GBC meeting, originally scheduled for this month, look rather dim as Thailand and Cambodia failed to agree on the deployment of an Indonesian observation team.
The two sides agreed at the Asean foreign ministers' meeting in Jakarta to accept Indonesian observers to monitor the ceasefire at the border on Feb 22, but the deployment was delayed because Thailand demanded Cambodian soldiers and residents be withdrawn from the disputed area first.
9 comments:
This is The arrogance shameless Thailand is now becoming internationalized. as a Buddhist neighbor in its border dispute with Cambodia but it sees fit to announce in advance that it will not abide by any decision, it does not like, from the International Court of Justice. Why the premature announcement? Why tie up the ICJ’s time if there is no intent to honor the decision? Thais always complain that non-Thais just don’t “understand” Thais. Well it is becoming increasingly easier for any non-Thai to 'know' Thai by now especially the way Thai dealing the border issue with Cambodia the ruthless way , This is how the Thai treated their neighbour. There are people who know of Thailand only the airport in Bangkok and the bars in Pattaya, where they can get drunk every night and go hunting for girls. There are the people who travel to Thailand to enjoy for a few weeks the sandy beaches, the beautiful weather and just want to rest and get strength for the daily stress at home. But both kinds will hardly know about the people of this country, because they only come in contact with People who work in the tourist industry...
Thailand is conceding defeat already. The ICJ has no power to enforce the verdict and force Thailand to withdraw troops, but the UN Charter gives power to the UN Security Council the power to enforce all the verdicts of the ICJ. If Thailand lost and refused to withdraw, the ICJ will then ask the UNSC to enforce this verdict. Also if Thailand refuses to withdraw, it will be seen as a pariah in the eye of the international community. Also Thailand can be charged for a contempt of court.
Thailand now want to be Hitler the Second. She not only threaten Indonesia, but also ICJ, then UN security council.
Who is the backside of Thailand?
Is there any country want to play with this aggressive Thailand?
Is it too overwhelming in threatening the regional security and the face of ASEAN and as well as the UN by Thailand?
Now Thailand use "psycho" war against Cambodia and other countries who dare to involve.
Let Thailand fight with the UN.
If ICJ cannot rule, how about the Paris agreement?
Remember, In Paris agreement, many countries signed to protect Cambodia from invasion illegally.
Actually it is not new. Thailand did not comply with the 1962 judgement since 1962. Thailand Did not withdraw troops from area near the temple and did not return looted objects.
And typically Thailand, agreed with Cambodia to establish border markers according to 1908 French maps endorsed by ICJ in 1962 but work cannot proceed because Thailand will not accept the minutes of JBC meetings and blame Cambodia.
The Thai military will not accept any decision that not favour them, no matter the source and no matter the risk to the country. This does not bode well for the aftermath of the election.
The International community must be by now, beginning to understand Thai logic. if they did not before, the realisation being there's no logic in Thailand, truly amazing. "If the court demands Thai troops leave the area and Thailand refuses to comply, Mr Panitan said he believes Cambodia would take the case to the United Nations Security Council (UNSC).The UNSC is responsible for enforcing ICJ orders when a subject country refuses to comply with them".
This time it will also difficult for Great Britain and USA to support Thailand stance in the UNSC. May be Thailand, want to be group with Sudan, current President Ahmad Al-Bashir.
According to this, "The UNSC is responsible for enforcing ICJ orders when a subject country refuses to comply with them.", the ICJ does have the authority to order troops for more out.And if the subject country refuses to comply, the UNSC steps in with the sweeping. Instead of being told just once to move out peacefully, Kasit, Abhisit,Prawit, Panitan and the democrat want Thailand to be told twice? that not going to happen that would be humiliating.
Thailand military again puffing out their big chests full of unimportant medals at the world. Thailand should respect the International court and realize the military cannot resolve the conflict in the south let alone start a new one over a patch of land that not legally belong to Thailand .
One of the treaties was the Hague Convention for the Peaceful Settlement of International Disputes. Countries that agreed to be bound by that treaty agreed to settle their disputes by peaceful means, such as through as the new Permanent Court of Arbitration. The Permanent Court of International Justice (PCIJ) was created in 1920 alongside the League of Nations. Between 1922 and 1940 it dealt with 29 contentious cases brought to it by countries, and it gave 28 Advisory Opinions to the Council of the League of Nations.
There is the impact of national sovereignty. Many governments have been unwilling to accept that the ICJ has an automatic right to hear cases brought against them ("compulsory jurisdiction"). According to the basic principles of international law and national sovereignty, governments cannot be forced into accepting international obligations against their will. Therefore, although 191 countries are members of the ICJ, they do not necessarily accept its jurisdiction and so membership of the UN and ICJ does not give the ICJ automatic jurisdiction over every member‐state. Only 65 members of the UN’s members accept its jurisdiction.
If that the case with Thailand Cambodia got a fight on it hand
In summary, war is legitimate. And We Khmer are pretty good with war and eventually, more killing and more destruction and of course too destruction of Thailland.
thai defence minister talked
like animal languange and including
thai preminister too.
If siam, defiant with ICJ, it her problems, let them face off with Int'l communities n ASIAN communities
we need to prepares our strong defense. to flight with siam.
This goes to prove Thailand's arrogance. I don't know who Thailand thinks of itself as, if it were to ignore and defy the ruling decision that will be made by ICJ. That dicision would be more likely favor Cambodia and less favorable for Thailand, which will be the withdrawl of Thai troops from Cambodia's territory of so-called " disputed land", that was falsely claimed by Thailand just to create this such of a problem. Thailand top dogs know too well that all the lies and deceptions to fool the international community are coming back and bite them in the ass. The hard-headed Abhisit, his government, and his Yellow shirt PAD supporters think they could just simply brush aside ICJ ruling and get away with it. If the decision by ICJ for Thailand to withdraw troops from Cambodia's 4.6 km2, then it will be up to the international police of UNSC to enforce it. If Thailand refuses that? F!@k, then Thailand is a thief that staunchy refuse to put back what it had stolen from Cambodia. UNSC then will have every right to punish Thailand. Thailand is shooting itself in the foot with its biggest gun if it decided to ignore ICJ and UNSC orders. Thailand will be a laughing stock of the world.
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