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UN's Highest Court To Rule On Thai Troop Withdrawal


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UN's highest court to rule on Thai troop withdrawal

by Jan Hennop

THE HAGUE, July 16, 2011 (AFP) - The UN's highest court is to rule Monday on a request by Cambodia for an immediate Thai troop withdrawal from a disputed border area around an ancient Khmer temple, where clashes have taken place.

International Court of Justice president, Judge Hisashi Owada, is expected to read the court's order at 10:00 am (0800 GMT) at the Hague-based Peace Palace, where the ICJ is seated.

"The court will deliver an order Monday on Cambodia's request for Thailand to stop military activity" in the area, an observer close to the ICJ told AFP, adding Owada would be accompanied by a 14-judge bench and two ad hoc judges.

Cambodia in late April launched a bitter legal battle before the ICJ in which it asked for an interpretation of a 1962 ICJ ruling around the 900-year-old Preah Vihear temple.

At the same time, while the court pondered its decision, Cambodia also asked judges to approve provisional measures including an immediate Thai troop withdrawal and a ban on all Thai military activity there.

Although Thailand did not dispute Cambodia's ownership of the temple, secured by the 1962 ruling, both Phnom Penh and Bangkok claimed the 4.6-square-kilometre (1.8-square-mile) area surrounding the Khmer complex.

The two countries orally argued their cases before judges at the end of May with Cambodian Deputy Prime Minister Hor Namhong asking for "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."

Phnom Penh also asked that "Thailand refrained from any act or action which could interfere with the rights of Cambodia or aggravate the dispute in the principal proceedings."

Thailand's ambassador to the Netherlands, Virachai Plasai, responded by saying his country requested the ICJ to scrap Cambodia's case from the court's general list.

Bangkok however did say in June that it would respect the ICJ's order.

In February the United Nations appealed for a permanent ceasefire after 10 people were killed in fighting near the Preah Vihear temple.

However fresh clashes broke out in April further west, leaving 18 dead and prompting 85,000 civilians to flee.

Cambodia said although there had been clashes in the past, Thai aggression substantially increased after July 2008, when the UN's cultural body UNESCO listed the temple as a World Heritage site.

But the 11th-century complex has been at the centre of a long legal wrangle between Thailand and Cambodia -- which first took its southeastern Asian neighbour to the ICJ in 1959 over the issue.

Established in 1945, the ICJ is the UN's highest judicial organ and it settles disputes between states. It is the only one of six principal UN organs not located in New York.

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-- (c) Copyright AFP 2011-07-16

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Well that's the least surprised I've been all week. It will be interesting to see how they spin this one, the Thai military presence seems to have served no purpose whatsoever, unless that was to indirectly contribute to a landslide victory for Peua Thai. If Thailand drags it's feet on withdrawal I wonder if there are any planes the UN can confiscate pending compliance. :whistling:

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Never having been there my self I am wondering what do they do on the land in dispute.

Interesting Thailand was arguing the Cambodian case should be dismissed.

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"Thailand's ambassador to the Netherlands, Virachai Plasai, responded by saying his country requested the ICJ to scrap Cambodia's case from the court's general list."

Why not argue that Cambodia is in the wrong and Thailand is in the right.

If both countries with draw their military from the area what will be done on the land in dispute rice farm, sugar cane, eucalyptus plantation or just more unused land.

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My last trip to the Temple went like this:

Stopped at Thai National Park boundary, you must pay a park entrance 500 Baht fee, then stopped 2 miles down the road again by Thai officials as you must pay to enter the temple area, then stopped by Cambodians who rightfully deserve payment to enter the temple.

Considering the temple is in Cambodia; the Thai side collects even more in entrance fees than the Cambodians do. Can someone please submit this to the ICC as well !!!

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The temple is Cambodian, but to access the temple the Cambodians have to cross Thai territory. An absolut stupid ruling from the Siam-French-Treaty (1907). Stupid because they didn't follow the natural border in this area, then the temple would have been Thai. Stupid to give the temple to Cambodia without any possibility of access, except crossing Thai territory. I wonder whether The Hague can order Thailand to withdraw troops form Thai territory???? The only solution I see is that Thailand and Cambodia find a political fair way to give access for both sides, or the Cambodians build a stairway/lift to the site.

fatfather

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The International Court of Justice has ordered both Cambodia and Thailand to withdraw its troops from the disputed area. However, it did go on to say that Thailand must not prevent Cambodian military and civilians from accessing the Phrea Vihear Temple.

Remember there is of course behind the scenes a puppet master who once famously quoted, ''The United Nations Is Not My Father."

The puppet master may not want his stooges to compromise his ideals and aims.

Edited by siampolee
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The temple is Cambodian, but to access the temple the Cambodians have to cross Thai territory. An absolut stupid ruling from the Siam-French-Treaty (1907). Stupid because they didn't follow the natural border in this area, then the temple would have been Thai. Stupid to give the temple to Cambodia without any possibility of access, except crossing Thai territory. I wonder whether The Hague can order Thailand to withdraw troops form Thai territory???? The only solution I see is that Thailand and Cambodia find a political fair way to give access for both sides, or the Cambodians build a stairway/lift to the site.

fatfather

There is a paved road from the Cambodian side to the temple that never crosses the Thai side and since 2008 Cambodia has been working on the road to make it easier. You will see trucks and motorbikes next to the temple that drove only on Cambodian land to get there. There is no doubt that the Siam-French Treaty was better for Cambodia than it was for Thailand but Thailand got to avoid being run by the French and they got to keep most of the land that once belonged to Cambodia so I think it is time the two countries recognize they need to agree on modern boundaries rather than focusing on what use to be.

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