A Change of Guard

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Thursday 2 June 2011

Thailand will not lose any territory that it never owned

The aerial view of Preah Vihear temple.

By L.C
2nd June 2011

The Preah Vihear temple is a geopolitical nightmare. It clearly belongs to Cambodia but Thailand refuses to accept it.

On June 15, 1962, the ICJ ruled 9-3 that the Preah Vihear temple was situated within Cambodia, adding that the structure was “an outstanding masterpiece of Khmer architecture.” By a vote of 7-5, the court also declared that Thailand must return any antiquities removed from the temple. However, in the spirit of neighborly relations, In 1963 (His majesty the King) Prince Sihanouk announced that Thailand was free to keep antiquities stripped from the temple. Despite these rulings, Thailand refuses to accept the court’s decision. Instead, Thailand was keen to back up its claim by force over dialogue and negotiation.

Thailand claimed that the 4.6-sq-km (1.8-sq mile) area around Preah Vihear was never fully demarcated, blaming inaccuracies of a map, commissioned and approved by the Franco-Siamese Commission and was drawn by the French at the beginning of the 20th century – the same one used in the ICJ’s ruling in 1962. As a result, periodic skirmishes have ensued along the border, often provoked by the Thai side. Casualties have resulted.

French officers in 1907 claimed that Preah Vihear was under Cambodia’s sovereignty, as evidenced by a topographic map showing the border’s location. That line indicated that the temple was on the Cambodian side, despite previous and explicit attempts by Siamese (Thai) governments to place intentionally the temple on the Thai side.

Currentl Thai Prime Minister Abhisit Vejjajiva cannot use war to reclaim his power. In the spirit of peaceful reconciliation, a commitment must be made to address tensions along the border. Thailand must resort to peaceful means. Bilateral talks between Cambodia and Thailand have been attempted without success. For example, after a recent clash on 4th February 2001, military leaders negotiated a ceasefire on 5th February. That negotiation failed when Thailand opened fire on Cambodian armed forces the following day and the fighting lasted for another 2 days.

Where do Cambodia go from here? A request to ICJ for clarification has been lodged and the court process is still going on.

Thailand must recognize that it cannot design its own map for the disputed 4.6-sq-km. This requires an open, transparent process that involves multiple parties, including Cambodia.

Thailand must also respect international law even in war. Thailand has been using cluster munitions and poison gas in recent attacks along the disputed border area, This, too, is unacceptable, given the long-term impact of cluster munitions.

On July 7, 2008, UNESCO listed Preah Vihear as a Cambodian World Heritage site. This means that it has outstanding universal values. It also means that the international community accepts Cambodia’s sovereignty over the temple. Our universal responsibility is to respect the integrity of this ancient ruin, not damage its architectural beauty. the ICJ must step in to rectify this rather tense situation.

The Thai people should therefore rest assured that, based on international law, Thailand will not lose any territory that it never owned.

3 comments:

Anonymous said...

Bullshit Thai

Anonymous said...

don't say it yet thailand..
the result not yet , decide.
the games, it is not over yet,,,

Anonymous said...

beyond outarageous