A Change of Guard

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Monday 15 April 2013

A matter of [Thai] national pride

As the Preah Vihear dispute heads back to the ICJ today, the row remains wrapped in patriotic overtones 

Published: 15 Apr 2013 
Bangkok Post 

The 1962 ruling by the International Court of Justice (ICJ) on the dispute between Thailand and Cambodia over Preah Vihear temple was a historic one. It was the country's first and only dispute to have reached the ICJ, also known as the World Court. The territorial conflict was also more than a legal fight; it was an emotional battle, a struggle to maintain national pride by both claimants.
World Court judges on the bench while considering the Preah Vihear ownership dispute between Thailand and Cambodia 51 years ago.
Thailand's defeat at the Hague five decades ago caused then-prime minister Sarit Thanarat to declare his compliance with the ruling to the Thai public "with tears".
"We speak with tears about Khao Phra Viharn," Field Marshal Sarit said on June 20, 1962, referring to the temple by its Thai name. "At the cabinet meeting where we considered the World Court's judgment, many ministers wept."
Then-foreign minister Thanat Khoman told reporters he felt the court's judgement was a "miscarriage of justice".
MR Seni Pramoj, leader of Thailand's counsel in the Preah Vihear case, was also quoted in this newspaper saying the ruling surprised him. "It cannot be helped," he said. "The evidence we presented was not taken into consideration, although it is very good evidence. Our reasons were not heeded."
He said the ICJ used the map as a deciding factor in the case, although the Franco-Siam treaty of Feb 13, 1904 established the watershed as the border line.
The first page of the Bangkok Post ’s June 16, 1962 edition highlighted the news of the World Court verdict that ruled in favour of Cambodia in the Preah Vihear temple ownership dispute.
This, he pointed out, brings about a strange situation: the watershed belongs to Thailand but Preah Vihear, which is on the Thai side of this watershed, belongs to Cambodia. "How can that be?" he asked.
Today, the Preah Vihear dispute is back at the ICJ and the conflict remains wrapped in nationalistic overtones.
The initial judgement is more than five decades old, but conflicts and resentment fuelled by extreme nationalism lingers on both sides of the cliff-top temple.
Cambodia has petitioned the court to reinterpret its 1962 ruling.
The oral hearings from both countries, the last step before the ruling is delivered, presumably in October, begin today with a presentation by Cambodia.
These two news items ran on the Bangkok Post's front page on Saturday, June 16, 1962 (see transcripts on the right). A copy of the paper cost 2 baht.
Thailand Loses At World Court
THE HAGUE, JUNE 15,1962 (REUTERS) : The International Court ruled today that the ruined Temple Of Phra Viharn on the Cambodia-Thai border falls under Cambodian sovereignty.
The voting of the judges was nine to three.
Cambodia, the applicant state, had asked the court "to judge and declare":
(1) That Thailand is under an obligation to withdraw the detachments of armed forces it has stationed since 1954 in the ruins of the temple and
(2) That territorial sovereignty over the temple belongs to Cambodia.
The court ruled also by nine votes to three that Thailand would have to withdraw any military or police forces that might be stationed in the temple.
By seven votes to five the court ruled that Thailand was under an obligation to restore to Cambodia any objects that might have been removed from the temple.
The court found that, in fact, Thailand had accepted a map of the Dangrek range showing the temple on the Cambodian side.
This map was an annex to the Franco-Siamese treaty of March 23, 1907, fixing the frontier between Thailand and what is now Cambodia.
It had been drawn up as a result of the surveying activities of the mixed frontier commission.
It had never been formally approved by the mixed commission, which had ceased to function some months before its production.
"While there could be no reasonable doubt that it was based on the work of the surveying officers in the Dengrek sector, the court nevertheless concluded that, in its inception, it had no binding character. It was clear from the record, however, that the maps were communicated to the Siamese government as purporting to represent the outcome of the work of delimitation."
"Since there was no reaction on the part of the Siamese authorities either then or for many years, they must be held to have acquiesced; if the Siamese authorities had accepted the map without investigation, they could not now plead any effort vitiating the reality of their consent", the judgment said.
The court recalled that a survey in 1934/1935 had established a divergence between the map line and the true line of the watershed and other maps had been produced showing the temple as being in Thailand.
"Thailand had nevertheless continued also to use and indeed to publish maps showing Phra Viharn as lying in Cambodia.
"Moreover, in the course of the negotiations for the 1925 and 1937 Franco-Siamese treaties, which confirmed the existing frontiers and in 1947 in Washington before the Franco-Siamese conciliation commission it would have been natural for Thailand to raise the matter; she did not do so.
"The natural inference was that she had accepted the frontier at Phra Viharn as it was drawn on the map, irrespective of its correspondence with the watershed line.
"The court found it was unnecessary to consider whether the line as mapped did in fact correspond to the true watershed line."
Vice-President Alfaro (Panama) and Judge Sir Gerald Fitzmaurice (United Kingdom) appended separate opinions, while the judges Moreno Quintana (Argentina), Wellington Koo (China) and Sir Percy Spender (Australia) appended dissenting opinions.
Thanom: Orders Given To Police At Phra Viharn
After receiving a radioed message from Bangkok that the World Court had made a judgment in the Khao Phra Viharn case in favour of Cambodia, the Prime Minister today cabled instructions from Chiengrai for summoning of all Ministers to a special Cabinet conference in Government House this evening to consider this matter.
Field Marshal Sarit Thanarath, the Prime Minister, will return to the capital this afternoon with Their Majesties the King and the Queen from visits to Thai and allied forces stationed in Northeast and North Thailand.
Revealing the above in an informal talk with reporters this morning, General Thanom Kittikachorn, the Vice Premier and Defense Minister, commented:
"I had feared that we would be treated with injustice. The World Court judges include nationals of Communist countries. Nationals of some countries which we consider as friends have turned to enemies.
"In actual fact, we are not under the jurisdiction of the World Court. We did not renew our application for membership after the first application had expired."
Gen Thanom went on: "Foreign experts have inspected the Khao Phra Viharn area and given the view that it is impossible, when the question of the watershed is taken into consideration, for the temple to be in Cambodian territory. The judges never came here to look at the terrain."
He disclosed that he had given certain orders to border police stationed in Khao Phra Viharn area but he could not divulge what the orders were.
Giving what he stressed is his personal opinion, the Defense Minister said: "We should not accept the judgment and we should not give Kao Phra Viharn to Cambodia.
"As far as I am concerned, I will fight to keep what is Thai.
"What the Government view is, I do not know yet. It will depend on this evening's meeting.
"A report will be made to the people."

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