ICJ’s ruling on Thai-Cambodia an affirmation of ASEAN’s role

Mustaqim Adamrah,
The Jakarta Post, Nusa Dua, Bali
Wed, 07/20/2011

The recent ruling of the International Court of Justice (ICJ) on the Thai-Cambodian border conflict has been cited as proof of ASEAN’s leverage, with the court ordering both parties to allow an ASEAN observer team in, says the ASEAN secretary general.

Secretary General Surin Pitsuwan said the world court had rendered a judgment that would help Thailand and Cambodia find common positions on the way forward to resolve the conflict between them.

“This is an affirmation of ASEAN’s contribution as part of the ‘regional arrangement in the UN charter’ that the world body, the UN, has been working with regional organizations in the maintenance of peace and security around the world,” he told The Jakarta Post in an interview on Tuesday.

“ASEAN, without exception, is being called upon and will be taking the mandate forward. ASEAN will need the cooperation of both parties, recognizing the growth that ASEAN shall contribute.”

Pitsuwan said, however, that it would take time for both parties to interpret the ICJ’s ruling for compliance with the judgment.

“I think we will have to wait for the two parties to agree on the next step forward for ASEAN to be able to continue facilitating productive offices. I think [Indonesian Foreign Minister and current chair of ASEAN] Pak Marty [Natalegawa] will be directly in touch with both parties,” he said.

The ICJ said in its ruling on Monday that by a tally of 11 votes to five, both parties should immediately withdraw their military personnel currently present in the provisional demilitarized zone and refrain from any military presence within that zone or any armed activity directed at it.

Having noted that the Preah Vihear temple area had been the scene of armed clashes between the parties and that such clashes might reoccur, the court decided that in order to ensure that no irreparable damage was caused, there was an urgent need for the presence of all armed forces to be temporarily excluded from a provisional demilitarized zone around the area of the temple.

The Court also concluded by 15 votes to one that Thailand should not obstruct Cambodia’s free access to the Preah Vihear temple or prevent it from providing fresh supplies to its non-military personnel. It said that Cambodia and Thailand should continue their cooperation within ASEAN, and, in particular, allow observers appointed access to the provisional demilitarized zone and that both parties should refrain from any action that might aggravate or extend the dispute or obstruct attempts at resolution.

Echoing Pitsuwan, Marty said that while he had not read the court’s decision in its entirety, it was encouraging.

“It is encouraging to note that the [United Nations] Security Council and now the ICJ recognize that ASEAN has a role to play in helping facilitate resolution of this issue,” he told a press briefing after an ASEAN Ministerial Meeting (AMM) here.

He said ASEAN sentiments pertaining to the latest developments in the ICJ’s ruling would not be included in the joint communiqué of the AMM issued later that day.

However, he said both sides remained committed to complying with and implementing the court’s decision to work with ASEAN to receive observers first as part of efforts to resolve the issues.

“I also heard from both sides that they remain committed to a peaceful solution. Both sides continue to welcome the appropriate engagement of ASEAN,” he said.

The conflict has led to repeated skirmishes on Thai-Cambodian border areas in the vicinity of three ancient temples — Preah Vihear, Ta Moan and Ta Krabey — claiming at least 23 lives on both sides since early this year.

Indonesia said that sending an observation team is necessary to verify who might have precipitated the fighting, as the two countries have accused each other of firing first.