Cooperation needed before and after ruling [Thailand wants cooperation with Cambodia if it lost the Preah Vihear case, but no cooperation if it won]

13th May, 2012

Bangkok Post

By convening a meeting on Thursday with Foreign Ministry officials and a legal team representing the Thai side of the dispute with Cambodia over land adjacent to the Preah Vihear temple, Prime Minister Yingluck Shinawatra sent a clear message that despite improved relations between countries she is determined to protect Thailand's sovereignty. In the meeting the prime minister told the legal team, which included Thai ambassador to the Hague, Virachai Plasai, and lawyers from France, Canada and Australia, to prepare to oppose Cambodia's request that the International Court of Justice (ICJ) interpret its 1962 verdict, which awarded the the temple to Cambodia, but made no mention of the 4.6 square kilometre area which is claimed by both countries. The meeting was called ahead of the June 21 deadline by which Thailand has to submit written observations on Cambodia's petition to the ICJ to interpret the 1962 verdict. No date has yet been set for the ICJ's final ruling.

The prime minister's actions are to be expected from any national leader, and they make good political sense. The issue which nearly escalated into open warfare in early 2011 and resulted in the deaths of 17 soldiers and a civilian is thankfully much less heated now, but it is still highly politically charged and there are people waiting in the wings to accuse her of being weak in the defence of national sovereignty if any opening should be presented.

It is not only ''ultra-nationalist'' yellow shirts who would condemn acquiescing without a fight in the territorial dispute, but also ordinary Thais. The Thai side has a good argument to make for gaining control of the 4.6 sq km disputed area and every effort should be made to prepare the best case possible to take before the ICJ.

That said, when the ICJ does finally deliver its verdict, which is now expected toward the end of 2013, both sides should abide by it and at long last lay the issue to rest. But this may be wishful thinking considering the level of compliance on both sides with the ICJ's provisional rulings of July 18 last year. The ICJ ruled that the the two countries must withdraw their troops from a 17.3 sq km zone which includes the Preah Vihear temple and the 4.6 sq km disputed area. The ICJ also asked Indonesian observers to monitor the withdrawal process.

Initially both Thailand and Cambodia agreed to the withdrawal, but time dragged on without any movement, and at an Asean summit in Phnom Penh early last month it was quickly and without any fanfare agreed that the troops would stay where they are. Needless to say, there is also little likelihood of Indonesian observers at this point. The willingness from both sides to ignore the ICJ's provisional rulings, which were designed to diminish the possibility of armed confrontation, is discouraging and unwise. True, tensions have eased significantly since the change of government in Thailand in July of last year, but it should not be taken for granted that violence will not erupt again as long as there are troops from both nations stationed so near to each other.

The inherent danger of this situation was highlighted late last month with reports of an exchange of gunfire between soldiers on the border. A Cambodian military official said his troops were attacked by Thai forces. The next day Thai army spokesman Col Sansern Kaewkamnerd denied there was a clash between troops. What really happened, said Col Sansern, was that Thai troops on patrol encountered a group of Cambodian log poachers on Thai soil and fired warning shots into the air, causing the poachers to flee. In an apparently separate incident Thai troops came upon another group of log poachers and there was an exchange of gunfire lasting 10 minutes. It remains unclear if Cambodian troops were involved in either incident.

It is clear that there is illegal logging going on in the area, and this is an area where bilateral cooperation is needed. Another such area is in clearing landmines laid by both countries, both during the recent conflict and during the time of the Khmer Rouge. When Thailand and Cambodia agreed in early April to disregard the ICJ's directive for a mutual troop withdrawal, they also agreed to joint mine-clearing operations along the border. The incident two weeks ago in which two Thai soldiers were seriously injured by landmines near the Preah Vihear temple provided a stark reminder that this needs to be made a top priority.