Thaksin warns of Thai friction over temple

HISTORY OF DISPUTED PREAH VIHEAR AREA IS IN CAMBODIA'S FAVOUR, SAYS FORMER PRIME MINISTER

http://www.bangkokpost.com/news/local/283810/thaksin-warns-of-thai-friction-over-temple

Beware of Thai's Tricks -- They speak with both sides of their mouth!

Thai-Cambodian border clash an ‘embarrassment for ASEAN’

Mustaqim Adamrah, The Jakarta Post, Jakarta | Mon, 05/02/2011 10:36 PM | World

Thai and Cambodian military forces continue to exchange fire in their border area as both countries lay claim to the Preah Vihear Temple and its surrounding area although they have committed to a cease-fire a number of times. Indonesian and Cambodian journalists, including The Jakarta Post’s Mustaqim Adamrah, had a chance to interview Thai Foreign Minister Kasit Piromya during his visit to Jakarta last week. Below are excerpts of the interview.


Question: Thailand and Cambodia have repeatedly pledged to maintain a cease-fire in February and last Thursday. So why did clashes occur again two weeks ago, with the latest last Friday?

Answer: To reaffirm for the record, we never started the clashes. We have no reason to be unfriendly to Cambodia.

First, we are major exporters to Cambodia. Our exports to Cambodia make up 90 percent of bilateral trade [between Thailand and Cambodia]. So, it’s on our interest to keep trading with and exporting to Cambodia.

Second, we are becoming major investors in [Cambodia] in many fields: electricity generation, [manufacturing] industry, tourism, healthcare and construction.

Third, we welcome 150,000 Cambodian workers to Thailand under a bilateral memorandum of understanding.

Fourth, we are becoming a major donor to Cambodian development, education, social, health and infrastructure development.

Fifth, there’s a growth in Thai tourism to Cambodia and at the same time, we are a transit point as international airlines come to Thailand and visitors take regional airlines to Cambodia. So Thailand is an entry point for Cambodian tourism.

Sixth, we started and initiated the ASEAN master plan of connectivity: physical infrastructure, roads, railways, ICT [information and communication technology], electricity and other things, inclusive of the Mekong River development, as well as people-to-people contact.


We and Cambodia are two kingdoms, one destination. Two months ago, we had an agreement with Cambodia for Cambodians to enter Thailand without the need for visas.

The Thai side of the border is heavily populated. Why should we fight when the munitions fall on Thai villages? The Cambodian side is sparsely populated.

It would be silly for us to keep shooting when we know very well that artillery from Cambodia will fall on villages, temples and schools as has been shown on television.

Last time we had to evacuate about 20,000 people. We had to build houses, repair temples and schools, and we had to build more bunkers.



The physical side [construction] is not as important as the morale of the people. Between 30,000 and 40,000 people have been displaced. Instead of spending time looking after their animals, growing rice and tapioca, they have to sleep on temple floors. The damage is not only on the dollar. It’s frightening to hear the gunfire.

What triggered the additional clashes at two separate temples — 150 kilometers away from Preah Vihear — where February’s skirmishes occurred?
From our point of view, the position of the two military units is about 50 meters apart.

Ten days ago, we found out that the Cambodians had moved closer to the Thai side and started to dig bunkers. So we told the Cambodian soldiers to move back and that’s when they started to shoot.

How has Indonesia played out its role as chair of ASEAN? Is it failing to do its job, especially in light of the latest clashes?
We highly appreciate the role of Indonesia — the seriousness, the sense of purpose and the goodwill. So we do whatever we can [to cooperate].

I don’t think [Indonesia is failing] because its responsibility is more or less behind the scenes. No one expected that fighting would break out 150 kilometers away [from the original flash point].

The conflict between the two countries is a waste of time. It’s a waste of resources for the Indonesian government, for Cambodia and for Thailand.

We have to respect and honor the role and involvement of Indonesia. Thailand is not in a position to embarrass the Indonesian government.

It’s sad for ASEAN that the two countries keep on fighting. I’m ashamed. It’s an embarrassment to ASEAN that this conflict has dragged us to the UN.

Thailand uses bullets to get ballots

Bullets and Ballots?

Don’t count on Thailand’s lip services.

Ceasefire is only a trick or a strategy. Its goal is to gain more territory from Cambodia.

The image on the left are from: www.thaiphotoblogs.com/index.php?blog=5&title...


Aphisit's political promise is to steal Preah Vihear and other temples from Cambodia.

If he can get that done before the Election Day, Abhisit will use his victory to help with his campaign against his political opponents.

It appears that whether Thaliland uses bullets or ballots, Cambodia is still at risk of losing more land to Thailand.

Cambodia must fight on, because regardless who wins in the Thai election, Cambodia will have a tough time regaining her territory from Thailand.


It is vital for Cambodia to hold on to her territory and get help from the international community.

=================

4/30/11 2:13 PM

Thai-Cambodia

Ninth day of Thai-Cambodia border clashes despite truce The latest violence on the disputed

Thai-Cambodia - Troops from Cambodia and Thailand have exchanged fire across their disputed border for a ninth consecutive day.

Officials from both sides said Saturday's fighting took place near the Ta Krabey temple - one of three claimed by both countries. No casualties have been reported.

Sixteen people have been killed in the latest clashes, part of a long-running dispute between the two countries.

On Friday a truce was broken by renewed fighting hours after it was agreed.
Tens of thousands of people have been displaced by the violence. Each side accuses the other of starting it.
"Even though there is a recent ceasefire agreement... Thailand still breached it," Cambodia's Foreign Minister Hor Namhong told reporters in Phnom Penh on Saturday.

On Friday, Thai army spokesman Col Sansern Kaewkamnerd blamed Cambodia, adding that "local units might not agree to the talks as easily as their commanders did".

The latest series of border clashes began on 22 April, mainly around the temples of Ta Krabey and Ta Moan.

It briefly spread to a third location - the hill-top temple of Preah Vihear - on Tuesday.

Parts of the Thai-Cambodian border have never been formally demarcated, spurring nationalist sentiment in both countries.
Fighting took place three years ago in the run-up to a general election in Cambodia, and this latest outbreak comes with the Thai government due to call an election in the coming weeks.
A long-term solution at governmental level remains elusive, although the two prime ministers may talk at a meeting of the Asean regional bloc next month.

Indonesia is powerless when it comes to Thailand's agression

Below is the image at: ellieteramoto.photoshelter.com/gallery-image/...


Indonesia has no power or influence over Thailand's decision and aggression. Thailand will do whatever it takes to get Cambodia to talk bilaterally, so it can twist Cambodia's arms. It knows that Cambodia is weak militarily, economically, and politically. In addition, Indoneasia and Thailand are the co-founding fathers of  ASEAN.

The United Nations is also powerless when it comes to dealing with strong nations that have excellent relationship with the Superpowers. The U.S. pays more than any other nations in the world to support the U.N.

While Cambodia has been friendly with communist countries, Thailand has always have great relationships with the U.S. and Great Britain. King of Thailand was born in the U.S. and Abhisit is a citizen of England. Furthermore, Thailand was one of America's frontline allies in fighting Communism during the 60's and 70's.

So far, neither the United States nor the United Kingdom has officially condemned Thailand for its invasion or for the use of illegal weapons by Thailand.

When push comes to shove, Cambodia will have to turn to its bigger brothers China and Vietnam for help because these two countries have invested heavily in Cambodia in nearly all Cambodia’s infrastructures. However, we do not know how much more it will cost Cambodia in land and concession to get help from these countries.

How will Cambodia pay for help when it natural resources are nearly exausted?

==========================

Indonesia's foreign minister postpones attempt to broker Thailand and Cambodia peace

By Ian MacKinnon in Bangkok 5:07PM BST 25 Apr 2011


Indonesia's foreign minister "indefinitely" postponed a round of shuttle diplomacy to Thailand and Cambodia on Monday aimed at brokering a ceasefire in the neighbours' bloody border clashes that have left 12 soldiers dead.



Thai soldiers transport an injured comrade during fighting with Cambodian troops at the Thai-Cambodia border in Surin Photo: REUTERS


At the last minute Marty Natalegawa cancelled a planned visit that was to take in Bangkok and Phnom Penh to discuss ending the four days of fighting around two 12th century temples in a disputed border area littered with landmines.

The bitter fighting is the worst since trouble flared along the disputed border three years ago. Tens of thousands of people on both sides were sent fleeing for the safety of makeshift shelters, leaving villages like ghost-towns.

The latest round of fighting comes after Indonesia as the chair of the south-east Asian ASEAN bloc – of which Thailand and Cambodia are both members – brokered a truce to deadly skirmishes in February.

Indonesian troops were due to travel to the scene of February's fighting around the UN World Heritage Preah Vihear temple to act as ceasefire monitors, but the Thai army blocked their arrival.

Bangkok has consistently pushed for bilateral talks to resolve the dispute with Cambodia, while Phnom Penh has said only outside help can orchestrate an end to the repeated clashes.

Related Articles

Thai-Cambodian fighting enters third day

24 Apr 2011

The new outbreak of hostilities erupted on Friday near the Ta Moan and Ta Krabey Hindu temples, about 90 miles to the east of February's fighting. After a lull during much of Sunday it reignited in the evening and continued into Monday morning, leaving one soldier dead on each side.



Cambodia has accused Thailand of damaging the two temples with artillery fire and shooting shells up to 20 miles inside its territory. Seventeen thousand villagers have moved to safe areas on the Cambodian side, while 30,000 Thais have sought shelter away from the fighting.



It is not immediately clear what sparked the latest round of fighting, but both sides have in the past used the emotive territorial issue to stoke nationalist fervour.



Analysts point to the fact that with an election due in Thailand before July, the fighting could bolster support among hard-line nationalists for prime minister Abhisit Vejjajiva's government, which faces an uphill task to win re-election.

Like an ostrich, Thailand buries its head but the rest...

Original image at: thesingularityprinciple.blogspot.com/

May be it is better for Thailand to tell the truth and try to rebuild its reputation by helping to clean up those bombs to avoid fatalities and injuries to innocent Khmer civilians who have nothing to do with Thai warmongers.


With modern technology and up-to-date knowledge, people can learn fast and Thailand cannot hide the truth forever.

Fighting with a mall and weak neighboring country like Cambodia will not demonstrate that Thailand is strong, it only tell the world about its naked aggression toward Cambodia.

The uses of cluster bombs, regardless of what reasons, will further destroy Thailand’s integrity and will make Cambodia become more credible.

Cambodians are 100 percents behind Hun Sen when it comes to Preah Vihear issue and they believe him when he said that, “Thailand signs agreements with its hand and quickly erases them with its foot.”

Timothy S. Chhim
    

========================================                                               

Thai Bomb Talk

By Luke HuntApril 13, 2011


StumbleUpon Digg Delicious Reddit Yahoo Buzz Mixx Google Buzz Plurk When the last round of fighting erupted between Cambodia and Thailand around Preah Vihear Temple earlier this year, vigilant journalists suspected cluster bombs were being used, putting civilian populations at great risk. Cluster munitions are explosives that contain smaller bomblets and are too often detonated by civilians long after battles have subsided.

They’re a favorite for children who unwittingly pick-up what they think are toys.

Cambodian Prime Minister Hun Sen initially claimed that Thai soldiers had used cluster bombs; a charge denied by Bangkok, which determined it was in fact the Cambodians who’d used the munitions.

Now, experts from the international group Cluster Munitions Coalition (CMC), who visited the Thai-Cambodia border and interviewed people injured by the fighting near the Preah Vihear, have confirmed that almost half of the 12 border sites they recently toured were contaminated by unexploded cluster bombs. More importantly, they’ve pointed the finger of blame at Thailand.

Neither Cambodia nor Thailand has signed an international convention outlawing use of the weapons, which has been agreed to by 108 other countries. Perhaps they think technically, this means they stand on solid ground from an international legal standpoint.

But in a classic case of doublespeak Thailand admits that while it didn’t use actual cluster munitions, it did deploy the also-controversial Dual-Purpose Improved Conventional Munition (DPICM), in response to Cambodia's attacks with BM-21 rocket launcher systems, which struck at targets indiscriminately.

‘Such attacks had impacted Thai civilians. It was therefore necessary for Thai troops to act in self-defense against such military targets,’ the Thai foreign ministry stated last week. This admission was soon picked up by CMC Director Laura Cheeseman, who said a DPICM is in fact ‘a classic example’ of a cluster munition.

Thai Foreign Ministry spokesman Thani Thongphakdi responded, quickly dismissing CMC's claim by saying the group ‘misinterpreted’ the Thai Ambassador and Permanent Representative to the United Nations Office in Geneva Sihasak Phuangketkeow who’d confirmed the use of DPICM.

According to latest reports, the Thai defense ministry continues to insist that clusters were not used and its sources are now saying that the weapon in question could be the Caesar self-propelled howitzer—whose artillery also bursts into bomblets. It added the army has suspended its use however, after the border clashes in February. Cheeseman says armies do categorize weapons differently, however, that no country besides Thailand has ever questioned the DPICM as a cluster munition.

CMC investigators are urging both Cambodia and Thailand to ban all cluster munitions by joining the Convention on Cluster Munitions, the international treaty that prohibits the use, transfer and stockpiling of cluster bombs—instead of muddying the waters with questions over definitions.

Importantly, it wants Thailand to release more information about the bombs it’s used so the mess can be cleaned-up and perhaps a few lives can be saved.

Less doublespeak would also be welcomed.

The real obstacles to politcal unity

The main reason SRP changed its name was to avoid the internal coup that could split the party. We had seen such a coup in the past when internal fighting within a party split the party into pieces. It has been suspected that the split was the work of the ruling party which had the “ways and means” to buy out some greedy opposition’s leaders. But, you can't buy without a seller, can you?

Whether the work has been done by the ruling party or not, a self-named political entity can only last as long as the person with that name lives provided that he can hold on to his duty.

However, with the entire political arena controlled and monitored by the ruling party, the same can find the way to dismantle its opponents with little or no problems. The important thing is whether politicians truthfully believe in their own principles and are honest with their party and to themselves.

Being a father who is away from home, the family can be shattered; hence the concerns over Sam Rainsy Party without Sam Rainsy being home are understandable. It becomes clearer now that the theory behind naming a political party after one’s own name in order to stay united or to win does not work given that there is no proper democratic process in the political theater.

With the current electoral procedures, the oppositions have no chance to succeed. The political opportunity is set by the ruling party for the oppositions to play in order to legalize its rules. Many years ago Sam Rainsy said he would not become an alibi to the CPP, but as of today Sam Rainsy still wants to continue the same processes. His party has asked to the King to pardon Sam Rainsy so that he would be able to play again in the same uneven political ground. This reason proves that politicians use whatever tactics they can to stay in politic for it is their lifetime career.

Yim Sovann is rational enough for saying that some SRP defectors would only use other political parties such as HRP as a parking lot to move on. Some politicians have already done that. After all, Premier Hun Sen said he would always welcome more defectors to his party.

Learning from Yim Sovan meandering statements as well as my own experience, it is ashamed to find out that certain politicians are deceitful. A number of politicians are playing game by double-dealing having their family members working in different political parties to secure their family’s businesses and their own profession. Using the pain and suffering of Cambodian people as baits, some leaders mix up political and personal businesses at the expenses of innocent donors.

With regard to a mass defection, if it happens at all; it is not because one party is better than the other democratically. HRP is not democratic. Defection is about whether politicians see their potential in a certain party or not. Some people jump ship to seek a better position and/or for a better opportunity. After a while, when they learn about the new leadership and the lack of opportunity, they would do it again—and the final destination would be at the party that can offer them some money, security and position.

It is therefore reasonably concluded that, it’s not about the name of the party, nor about the democratic processes within a party that are the real obstacles for political unity. It’s about the attitude, level of commitment and moral obligation of many Cambodian politicians toward Cambodia’s national interests and toward their party’s principles.

Cambodian politic nowadays is nothing more than just a form of profession which is banking on the pain and suffering of the Cambodian people. However, if ones are mentally corrupted and blinded by money, sex and nepotism; no types of party on earth can help them win for Cambodia.

Regardless of what many corrupted politicians promise to the people, the smelling is too strong for most of them to believe.

Vietnam, Laos, Cambodia youths boost cooperation

Another boost of the cooperation of the three countries is unfolded. This time they focus on youths--the younger generations. The event held by Ho Chi Minh Communist  Youth Union. 

This reminds us of the creation of the Indochinese Communist Party formed by the Vietnamese great man Ho Chi Minh back in 1930.   Ho Chi Minh Youth Union was founded in 1931.

Some of us may want to learn why Cambodian youths are still interested in communism and what the future of Cambodia will look like.

While the so-called democrats or democracy loving leaders are fighting each other, the communists are united.

Learn from them! Point your arrow on the above red and blue organization then click and learn.

====================

NATIONAL

Thursday ,Mar 24,2011, Posted at: 15:09(GMT+7)

Vietnam, Laos, Cambodia youths boost cooperation

Young people from regional countries of Vietnam, Laos and  Cambodia joined in a friendship meeting in Hanoi on March 23. The event, held by the Hanoi ’s Ho Chi Minh Communist Youth Union, aims to create a forum for youths from the three countries to meet and exchange experiences in educating the young generation to treasure solidarity, promote traditional friendship as well as maintain peace and boost cooperation in the future. The exchange, taking place on the occasion of the 80 th founding anniversary of the Ho Chi Minh Communist Youth Union and the Vietnam Youth Year 2011, is a chance for Vietnamese youths to promote the country’s image as well as introduce their Lao and Cambodian counterparts achievements that Vietnamese young people have contributed to the country’s construction and defence. In the framework of the event, participants will take part in a talk themed “Vietnam- Laos- Cambodia youths promote traditional solidarity and friendship for mutual peace, cooperation and development” to update each other on mobilising youth and promote youth’s roles in cooperation for socio-economic development of the three countries. During the event, which will last till March 30, Lao and Cambodian youths will meet with Vietnamese students and visit the country’s historical sites and landscapes.

Source VNA

Stop the fight among us: the Khmers

Stop fighting among ourselves

If the report in Bangkok Post (http://www.bangkokpost.com/news/local/224455/cambodian-move-raises-border-tension) is true—that Hun Sen is putting the Khmer Rouge soldiers to face the Thai forces around Preah Vihear—then it would mean that those poor Khmers, mostly the underprivileged ones, are being sent to the frontlines to face the almighty Thai army.  Although the Khmer Rouge are considered battle hardened in the past, these soldiers are now older and have not been in combat for many years.

The Khmer Rouge soldiers are not equipped with proper protection and sophisticated weapons. They are not armed to the teeth. Their fighting ability is no match to Thailand’s military might, which is among the best in Asia, if not in the world. This comment should not be misconstrued as a submission to the Thai, but it is just the matter of fact. It has nothing to do with nationalism or patriotism.

It reminds me of the many events in the recent pasts, whereby the Khmers are being sacrificed for the livelihoods of others.

In the 1970’s, when Cambodia was invaded by the then North Vietnamese and Vietcong, thousands of young Khmer men were sent to combat against the more experienced Vietnamese armed forces and thousands of Khmers were killed. Many of my friends who went to fight in the battles--such as in Chenla I, Chenla II, just to name a few--had never returned from the battlefields. Those young men and women were the cream of the crops for the Khmer race. They could have been here with us and produced thousands more offsprings.

Needless to say, thousands of young Khmer men and women who went to join the Khmer Rouge, the Khmer Roumdos of Prince Sihanouk and the North Vietnamese/Vietcong to battle the Khmer Republican Army were also killed and maimed.  Hundreds of thousands of Khmer lives were destroyed by the American air raids. Millions tons of bomb (http://www.youtube.com/watch?v=88jrZjsNHPc&feature=player_embedded) were used in a few short years. Many of my relatives and friends who went to join in the fight never came back. Those were the cream of the crops of Khmer blood.  They could have been here with us and produced thousands more Khmer children.

Map showing 115,273 targets of U.S. secret bombing of Cambodia between October 1965 and August 1973. (Taylor Owen)

www.japanfocus.org/-Ben-Kiernan/3380

The remaining Khmer young men, women and their family members whom were left over from the 70-75 war--most of them sided with the American-backed government of Lon Nol--were savagely murdered during the Pol Pot rule of 75-79. Some two millions Khmer lives vanished in a few short years.  Most of them were the cream of the crops of Khmer race. If they were here with us, they could have produced millions Khmer families.

                                            From: https:/.../tag/vietnam-invaded-cambodia/

 
Then, the last waves of the killings were during and after the Vietnamese invasion of 1979. Countless of Pol Pot’s soldiers –all Khmer—were sacrificed to fight against the hundreds of thousands well armed Vietnamese invading forces.  Can we imagine, how many Khmers were shot to death by the Vietnamese and how many were maimed and injured? At the same time, the Vietnamese also recruited thousands more of Khmer men and women to fight against the Khmer Rouge guerilla. Countless more Khmers on both sides died in the many battles during and after the Vietnamese invasion.

What about the K5 Plan? During my first visit to Cambodia in 1992, I learned a new “saying” by Cambodian people-Tov Chiss Laan, Mok Vinh Chiss Chaan—it meant when young Khmer men and women were sent to serve in the K5 Plan they went by the truckloads, but when they returned, they (their ashes) came back inside small urns.  Thousands more of Khmers—the cream of the crops—were sacrificed. They could have produced thousands more Khmer families, if they were here with us.

Now, a decade later, the last cream of the crops of Khmer men and women—they are called the Khmer Rouge soldiers, along with the so-called Cambodian Royal Armed forces, who are mostly underprivileged--are about to be sacrificed against the almighty Thailand’s armed forces.  Meanwhile, those children of the rich and powerful ones, many of whom are new comers (can't even enunciate Khmer words), enjoy their time singing in Karaoke bars, eating and drinking in fine restaurants and nightclubs, driving luxurious vehicles, etc…

My Khmer brothers and sisters: Whether you are in Vietnam, in Thailand and elsewhere in the world, let’s us stop fighting against each other.  There are many Thai soldiers who are Khmer as well as there are many Vietnamese soldiers who are Khmer. Let’s furthermore remember that during Vietnam War, many of our Khmer brothers and sisters who lived in Kampuchea Krom were sent to fight into the fierce battlefields. We had killed each other in the battlegrounds throughout Vietnam as well as in Cambodia.  The so-called Mike’s Forces army was nearly wiped out—many thousands of those fine young men and women were Khmer.  They could have produced thousands Khmer families in that region if their lives were spared from the fighting. 

                                   http://www.kneesinthebreeze.com/images/soos/index.html

Now this: By looking at the elements of Thai fighters, I see that many of them are the underprivileged ones. Many of whom are Khmer men and women who are of Thai nationals. They are being positioned to confront their brothers and sisters--Khmer men and women who are also poor and uneducated inside Cambodia. Shall we fight and kill each other again?


                            Source: Cambodian Newspaper Koh Santepheap

Wherever we are, we all are Khmer- Just Khmer—not Khmer Loeur, Khmer Kandal, Khmer Krom, Khmer Krao or Khmer Khnong.  Our Khmer race is being wiped out.  Whether we are being systematically eradicated by others, by our own past ignorance or both, we need to stop the annihilation right now.  

Stop the Killing! One Khmer life is priceless.    

Move on Mark A. Vejjajiva and be a better man--Thanarat did the right thing.

Mark Abhisit Vejjajiva should have more dignity as an educated man in modern times.

The Preah Vihear case is over and done with since 1962 when the World Court decided and when then Thailand Prime Minster Sarit Thanarat’s government agreed with the verdict of the World Court: Preah Vihear and its surrounding belonged to Cambodia.

On the left is the image at: www.safran-arts.com/sarit-thanarat.html

No one is crazy enough to believe that the World Court only awarded the "Temple" or "the monument" to Cambodia without the surrounding land.  Mark, you have made a fool of yourself.

It’s natural that any person or persons who lost in court would feel bad and disagree with the decision, but a man with dignity would live by such a decision and move on.  Prime Minnister Sarit Thanarat and many of his ministers reportedly wept over the decision, but they accepted the verdict with dignity. The case was closed!

According to the attached report (http://www.box.net/shared/3f0yyv84ve) Sarit told newsmen the Thai government's decision was based on a desire to "maintain our fine reputation in international affairs."  In the eyes of good men, it means that to accept the World Court’s verdict was the right thing to do for Thailand and for the world.

In this matter, Sarit Thanarat was a better man than Mark A. Vejjajiva -- an elite Thai with a PhD --who has been using the emotions of some yellow-shirt extremists to demonize himself, the Thai King as well as Thailand.  

Move on Mark.  It was the wrong move by Thailand from the beginning.  What Thailand have done here is to help put Premier Hun Sen , whom some of you have called him as “a bully boy next door “ on the pedestal and make him a hero and Cambodia the champion of ASEAN.  

Remember this; Premier Hun Sen may be “a bully boy next door” for Thailand but, it is the Khmer Temple of Preah Vihear that makes all Khmers unite behind him.  

International Court of Justice: Temple of Preah Vihear (Cambodia v. Thailand)

Summary of the Summary of the Judgment of 15 June 1962

CASE CONCERNING THE TEMPLE OF PREAH VIHEAR (MERITS) Judgment of 15 June 1962 Proceedings in the case concerning the Temple of Preah Vihear, between Cambodia and Thailand, were instituted on 6 October 1959 by an Application of the Government of Cambodia; the Government of Thailand having raised two preliminary objections, the Court, by its Judgment of 26 May 1961, found that it had jurisdiction. In its Judgment on the merits the Court, by nine votes to three, found that the Temple of Preah Vihear was situated in territory under the sovereignty of Cambodia and, in consequence, that Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory. By seven votes to five, the Court found that Thailand was under an obligation to restore to Cambodia any sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which might, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities. Judge Tanaka and Judge Morelli appended to the Judgment a Joint Declaration. Vice-President Alfaro and Judge Sir Gerald Fitzmaurice appended Separate Opinions; Judges Moreno Quintana, Wellington Koo and Sir Percy Spender appended Dissenting Opinions. * * * In its Judgment, the Court found that the subject of the dispute was sovereignty over the region of the Temple of Preah Vihear. This ancient sanctuary, partially in ruins, stood on a promontory of the Dangrek range of mountains which constituted the boundary between Cambodia and Thailand. The dispute had its fons et origo in the boundary settlements made in the period 1904-1908 between France, then conducting the foreign relations of Indo-China, and Siam. The application of the Treaty of 13 February 1904 was, in particular, involved. That Treaty established the general character of the frontier the exact boundary of which was to be delimited by a Franco-Siamese Mixed Commission In the eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to follow the watershed line. For the purpose of delimiting that frontier, it was agreed, at a meeting held on 2 December 1906, that the Mixed Commission should travel along the Dangrek range carrying out all the necessary reconnaissance, and that a survey officer of the French section of the Commission should survey the whole of the eastern part of the range. It had not been contested that the Presidents of the French and Siamese sections duly made this journey, in the course of which they visited the Temple of Preah Vihear. In January-February 1907, the President of the French section had reported to his Government that the frontier-line had been definitely established. It therefore seemed clear that a frontier had been surveyed and fixed, although there was no record of any decision and no reference to the Dangrek region in any minutes of the meetings of the Commission after 2 December 1906. Moreover, at the time when the Commission might have met for the purpose of winding up its work, attention was directed towards the conclusion of a further Franco-Siamese boundary treaty, the Treaty of 23 March 1907. The final stage of the delimitation was the preparation of maps. The Siamese Government, which did not dispose of adequate technical means, had requested that French officers should map the frontier region. These maps were completed in the autumn of 1907 by a team of French officers, some of whom had been members of the Mixed Commission, and they were communicated to the Siamese Government in 1908. Amongst them was a map of the Dangrek range showing Preah Vihear on the Cambodian side. It was on that map (filed as Annex I to its Memorial) that Cambodia had principally relied in support of her claim to sovereignty over the Temple. Thailand, on the other hand, had contended that the map, not being the work of the Mixed Commission, had no binding character; that the frontier indicated on it was not the true watershed line and that the true watershed line would place the Temple in Thailand, that the map had never been accepted by Thailand or, alternatively, that if Thailand had accepted it she had done so only because of a mistaken belief that the frontier indicated corresponded with the watershed line. The Annex I map was never 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 Dangrek 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. The maps were moreover communicated to the Siamese members of the Mixed Commission, who said nothing. to the Siamese Minister of the Interior, Prince Damrong, who thanked the French Minister in Bangkok for them, and to the Siamese provincial governors, some of whom knew of Preah Vihear. If the Siamese authorities accepted the Annex I map without investigation, they could not now plead any error vitiating the reality of their consent. The Siamese Government and later the Thai Government had raised no query about the Annex I map prior to its negotiations with Cambodia in Bangkok in 1958. But in 1934-1935 a survey 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 Preah Vihear 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 Preah Vihear as it was drawn on the map, irrespective of its correspondence with the watershed line. Thailand had stated that having been, at all material times, in possession of Preah Vihear, she had had no need to raise the matter; she had indeed instanced the acts of her administrative authorities on the ground as evidence that she had never accepted the Annex I line at Preah Vihear. But the Court found it difficult to regard such local acts as negativing the consistent attitude of the central authorities. Moreover, when in 1930 Prince Damrong, on a visit to the Temple, was officially received there by the French Resident for the adjoining Cambodian province, Siam failed to react. From these facts, the court concluded that Thailand had accepted the Annex I map. Even if there were any doubt in this connection, Thailand was not precluded from asserting that she had not accepted it since France and Cambodia had relied upon her acceptance and she had for fifty years enjoyed such benefits as the Treaty of 1904 has conferred on her. Furthermore, the acceptance of the Annex I map caused it to enter the treaty settlement; the Parties had at that time adopted an interpretation of that settlement which caused the map line to prevail over the provisions of the Treaty and, as there was no reason to think that the Parties had attached any special importance to the line of the watershed as such, as compared with the overriding importance of a final regulation of their own frontiers, the Court considered that the interpretation to be given now would be the same. The Court therefore felt bound to pronounce in favour of the frontier indicated on the Annex I map in the disputed area and it became unnecessary to consider whether the line as mapped did in fact correspond to the true watershed line. For these reasons, the Court upheld the submissions of Cambodia concerning sovereignty over Preah Vihear.