A Change of Guard

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Tuesday 19 July 2011

CCHR Media Comment - Reason rules the day in ICJ Order outlining provisional measures

Media Comment – Phnom Penh, 18 July 2011

Reason rules the day in ICJ Order outlining provisional measures

The Cambodian Center for Human Rights (CCHR) today, 18 July 2011, welcomes the decision of the International Court of Justice (ICJ) outlining provisional measures in the case concerning the interpretation of the Judgment of 15 June 1962 regarding Preah Vihear Temple (Cambodia v. Thailand). In an order dated today, the ICJ rejected a request from Thailand that the case introduced by Cambodia be removed from the General List and indicated various provisional measures, as follows:

Both Parties should immediately withdraw military personal currently present in a provisional demilitarized zone defined in the order surrounding the Temple;

In order to ensure no irreparable damage is caused to the Temple, the presence of all armed forces must be temporarily excluded from the provisional demilitarized zone;

Thailand should not obstruct Cambodia’s free access to the Temple or prevent it from providing fresh supplies to its non-military personnel;

Cambodia and Thailand should continue their co-operation within the Association of South East Asian Nations (ASEAN) and, in particular, allow observers appointed by ASEAN to have access to the demilitarized zone;
Both Parties should refrain from any action which might aggravate or extend the dispute before the Court of make it more difficult to resolve.

Noting that its orders indicating provisional measures had binding effect and created international legal obligations, the ICJ ordered both Parties to inform the ICJ of its compliance with its orders.

In response to the order indicating provisional measures, Ou Virak, President of CCHR, a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights Cambodia, commented:

“Reason has at last ruled the day. The order creating the provisional demilitarized zone around Preah Vihear Temple will hopefully ensure an end to the bloodshed and mass displacement of civilians on either side of the border. The order has provided ASEAN with an opportunity to step in and prove its worth as a stabilizing force in the region and has given the Cambodian government and their newly elected counterparts in Thailand breathing space to resolve the border issue once and for all.”

For more information, please contact CCHR President Ou Virak via telephone at +855 (0) 12 40 40 51 or e-mail at ouvirak@cchrcambodia.org

2 comments:

Anonymous said...

What else can you do beside welcoming the decision? ICJ should have ruled for Thailand to remove it troops but it ordered both countries. It is not fair to Cambodia but we have to respect the court decision.

Anonymous said...

Ou Virak welcome the decision. You call this a victory? You got to be kidding me. I thought you are smarter than that, I guess I was wrong. I dont know how you see it a victory. DMZ mean there is a dispute area. PM Hun Sen in the past never recognize a dispute area. ICJ just gave greenlight to Thailand that it is a dispute area now called DMZ and everybody must move out. ICJ ordered both Khmer and Thai trooops out of Preah Vihea and other areas is a victory? Why Cambodia so blind about ICJ wording. Which word people dont understand, the court just order you to leave your own house because the theift claimed it is theirs too. How is this a victory, it is your own house, your land and you just been forced out by the court decision. The theift acheive what they wanted. This is so sad.