Cambodia Asks UN Court To Order Thai Troop Withdrawal

[webfact]

Cambodia asks UN court to order Thai troop withdrawal

THE HAGUE, May 3, 2011 (AFP) - Cambodia has asked the International Court of Justice to order Thailand to withdraw its troops from the disputed area around the temple of Preah Vihear as a matter of urgency, the ICJ said Tuesday.

Cambodia demanded "an immediate and unconditional withdrawal of all Thai forces from those parts of Cambodian territory situated in the area of the Temple of Preah Vihear" in an application filed before the court.

The UN court, based in The Hague, ruled in 1962 that the Khmer temple belonged to Cambodia, but both Phnom Penh and Bangkok claim ownership of a 4.6-square-kilometre (1.8-square-mile) surrounding area.

Cambodia on Thursday asked the ICJ to clarify that ruling.

The request "for the interpretation of the court's judgment ... concerning the temple of Preah Vihear" was prompted by "Thailand's repeated armed aggression to exert its claims to Cambodian territory," the Cambodian foreign ministry said Friday.

The court will examine Cambodia's demand in hearings within the next few months, but an exact date has not yet been set.

"The filing of Cambodia's application gave rise to the opening of a new case," the ICJ added in the press release.

It was only the seventh time the United Nations' highest judicial organisation -- founded in 1946 -- has been asked to clarify a decision.

In the other six instances, requests to clarify ICJ decisions were made one or two years later.

The Cambodian government on Friday said the ICJ's clarification over the disputed area was of "the utmost necessity ... in order to peacefully and definitely settle the boundary problem between the two countries in the area."

"Since April 22, serious incidents have occurred in the area of the Temple of Preah Vihear... as well as at several locations along the boundary of the two states, causing fatalities, injuries and the evacuation of local inhabitants," Cambodia said.

Eight Thai troops and nine Cambodian soldiers have died in the last two weeks in the conflict around two disputed temples.

Relations between the two countries have been strained since the 900-year-old Khmer temple of Preah Vihear was granted UN World Heritage status in July 2008, despite the IJC's 1962 ruling in favour of Cambodia.

But Thailand controlled its main access and both countries demanded the 4.6-square-kilometre zone around the structure.

-- (c) Copyright AFP 2011-05-03

[givenall]

Too bad, when you play dirty you can get dirt on yourself.

[webfact]

BORDER DISPUTES

Cambodia wants thai troops to withdraw

By Supalak Ganjanakhundee

The Nation

Phnom Penh appeals to ICJ for 'provisional measure' adjacent to Preah Vihear Temple

Cambodia has sought a provisional measure from the International Court of Justice, to have Thai troops withdrawn from the disputed area adjacent to the Preah Vihear Temple.

The provisional measure has been sought before the court begins its interpretation of the 1962 judgement on sovereign territories in the temple area.

The International Court of Justice (IJC) said in a statement yesterday that Cambodia, along with its application for an interpretation of the court's 1962 ruling, had submitted an urgent request on April 28 for an indication of provisional measures.

Cambodia had explained that the measures were badly needed as serious incidents had occurred since April 22 in the Preah Vihear area, as well as at several locations along the boundary between the two countries, causing fatalities, injuries and the evacuation of inhabitants.

The serious armed conflicts were continuing at the time of filing the request to the court, so Cambodia asked the court to indicate provisional measures as may be required pursuant to article 41 of the ICJ's statutes and Article 73 of the Rules of the Court, the ICJ said.

Cambodia has asked the IJC for three measures:

? Withdrawal of Thai troops immediately and without conditions;

? A ban on all Thai military activity in the area of Preah Vihear;

? Thailand be ordered to refrain from any acts of interference in the rights of Cambodia.

The ICJ ruled in 1962 that the Hindu temple of Preah Vihear was situated in territory under the sovereignty of Cambodia.

Thailand argues that the court ruled only on the sandstone ruin, but not on the areas surrounding the temple, which belong to Thailand. The overlapping area near the Preah Vihear Temple, over which both sides claim sovereignty, measures about 4.6 square kilometres.

The two countries have boosted military forces in the area and there have been many confrontations and clashes in recent years.

Phnom Penh requested the ICJ's interpretation of its 1962 ruling on the grounds that the boundary was defined by a map made by the French and drawn on a scale of 1:200000, as mentioned in its judgement. In its request to the IJC, Cambodia sought "a map which enables the court to find that Cambodia's sovereignty over the temple is a direct and automatic consequence of its sovereignty over the territory on which the temple is situated".

According to the 1962 judgement, Thailand is under an obligation to withdraw any military or other personal from the vicinity of the temple on Cambodia's territory, it said.

Thailand disagrees with all the points raised by Cambodia and is setting up a team of legal experts to present its case before the IJC.

Foreign Minister Kasit Piromya flew to France on Sunday to consult legal experts on the matter. He will return today.

Meanwhile, the situation in the border area remains tense, particularly at Ta Muen Thom and the Ta Kwai temple, about 150 kilometres west of Preah Vihear. A Thai soldier was killed and three others injured in a small-arms clash in the border area of Surin province on Monday night and the early hours of Tuesday. It brought the death toll of Thai troops to seven, with more than 130 injuries, since a clash at Ta Mouan on April 22.

Army chief Prayuth Chan-ocha said the situation in the border area had been quite stable over the past few days since there were only small-arms clashes.

Cambodian commanders on the ground had made several attempts to establish cease-fire talks with their Thai counterparts, he said.

"But we consider the situation first. If there are still attacks, it's useless to talk," Prayuth said. "Basically, the military has no duty to talk. It is the role of the government. The military simply protects our land," he said.

-- The Nation 2011-05-04

[virtualtraveller]

Funny how Cambodia isn't asking the ICJ or UN to remove it's troops from the disputed territory. The statement from the foreign minister suggests Cambodia believes they are the rightful owners of the disputed territory (there can be no doubt that it's disputed and has been for 49 years, though wasn't an issue for 47 of them).

Sometimes I wonder if we're not dealing here with Cambodian Diplomats and Ministers who perhaps missed a decade of schooling back in the seventies.

[rubl]

If I understand the OP correctly we can expect a decision really soon and most likely before I will retire. There's still the chance of course the ICJ will rule it cannot request Thai troops to move before doing another thorough and solid investigation into the original issue. Now we can only hope both parties involved will refrain from further action while awaiting a ruling from the ICJ. With some luck a peaceful status-quo can continue for a few more decades