A Change of Guard

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Monday, 11 November 2013

The ICJ verdict: The ruled that land around Preah Vihear temple belongs to Cambodia, but the court does not rule on the sovereignty over Phnom Trap

UPDATE: The ICJ does not rule on Phnom Trap, an area where there were fierce fighting and claims between Cambodia and Thailand. The court does not accept Cambodia’s interpretation of “vicinity” which includes the hill of Phnom Trap. 
“For the reasons already given (see paragraphs 92-97), the Court considers that Phnom Trap lay outside the disputed area and the 1962 Judgment did not address the question whether it was located in Thai or Cambodian territory,” said the decision.

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Lundi Seng The ICJ has now published the verdict online (link to PDF), important is paragraph 98:

98. From the reasoning in the 1962 Judgment, seen in the light of the pleadings in the original proceedings, it appears that the limits of the promontory of Preah V
ihear, to the south of the Annex I map line, consist of natural features. To the east, south and south-west, the promontory drops in a steep escarpment to the Cambodian plain. The Parties were in agreement in 1962 that this escarpment, and the land at its foot, were under Cambodian sovereignty in any event.

To the west and north-west, the land drops in a slope, less steep than the escarpment but nonetheless pronounced, into the valley which separates Preah Vihear from the neighbouring hill of Phnom Trap, a valley which itself drops away in the south to the Cambodian plain (see paragraph 89 above). For the reasons already given (see paragraphs 92-97 above), the Court considers that Phnom Trap lay outside the disputed area and the 1962 Judgment did not address the question whether it was located in Thai or Cambodian territory. Accordingly, the Court considers that the promontory of Preah Vihear ends at the foot of the hill of Phnom Trap, that is to say: where the ground begins to rise from the valley.

In the north, the limit of the promontory is the Annex I map line, from a point to the north-east of the Temple where that line abuts the escarpment to a point in the north-west where the ground begins to rise from the valley, at the foot of the hill of Phnom Trap.

The Court considers that the second operative paragraph of the 1962 Judgment required Thailand to withdraw from the whole territory of the promontory, thus defined, to Thai territory any Thai personnel stationed on that promontory.

“Ruling: Request for Interpretation of the Judgement of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand)“, International Court of Justice, November 11, 2013

1 comment:

Anonymous said...

នេះជាការរៀបចំនយោបាយរបស់យួនទេ សូមកុំចាប់អារម្មណ៏ពេក
យើង នឹងស្នើរ អោយតុលាការ យកករណី ចោរ លួចសន្លឹកឆ្នោត ទៅឡាអេ និង សើររើរឿងឧក្រឹតកម្ម របស់ រដ្ឋាភិបាលអាយ៉ងយួនបរទេស
សូម ងាកមករកជំងឺពិតរប​ស់កម្ពុជា រឿងដីមួយដុំតូច(៤.៦ គីឡូម៉ែត្រការរ៉េ)នៅក្បែរប្រសាទ
វាមិនសំខាន់ទេ សំខាន់យួនមានបំណងលេបយក កម្ពុជានៅជំនាន់នេះ ដូចជា
កោះ ត្រល់ ជាដើម ។