International Justice And A New Thai Govt

[webfact]

BURNING ISSUE

International justice and a new govt

By Supalak Ganjanakhundee

The Nation

The order by the International Court of Justice (ICJ) that Thailand and Cambodia must allow an Indonesian observer team to enter the disputed border area around the Preah Vihear temple is a golden opportunity for the Association of Southeast Asian Nations (Asean) to step in with its plan to restore peace between the two countries.

The court said that "Cambodia and Thailand should continue their cooperation within Asean and, in particular, allow the observers appointed by that organisation to have access to the provisional demilitarised zone."

The court's order was made following Cambodia's request for provisional measures to secure peace at the disputed border area adjacent to the Hindu temple of Preah Vihear while awaiting interpretation of the court's 1962 judgement.

The temple has been at the core of a conflict between the two neighbours - both members of Asean - for a long time. The current wave of disputes erupted when Thailand moved to block Phnom Penh's plan to list the temple as a World Heritage Site in 2008. Military clashes took place in 2008, 2009 and in February this year, claiming the lives of civilians and soldiers on both sides.

Cambodia brought the issue before the United Nations Security Council, which urged Asean, as the regional body, to implement a permanent cease-fire. Indonesia, in its role as the current chair of Asean, proposed the dispatching of a team of Indonesian observers to assess and monitor the situation in the disputed areas on both sides of the border near the temple.

Phnom Penh has consistently showed its readiness to welcome the Indonesian observer team, but Thailand has been reluctant to receive the team as the military has objected to the idea to having "foreigners" in the zones it is protecting.

The Abhisit government employed delaying tactics to keep the observers away from the border by setting some additional conditions, such as a demand for Cambodia to withdraw its troops from the temple and its vicinity, and asking for a meeting of the General Border Committee to discuss the role of the observers.

As its observer plan was about to be stalled, Jakarta proposed a peace package that prohibited any party from setting prerequisites for the other before the plan was implemented. The new peace package was about to get started following an agreement in May.

Unfortunately Thai politicians have spent the past few months campaigning in the general election, and everything has now been put on hold pending the new government settling into office.

Indonesian Foreign Minister Marty Natalegawa, as Asean chairman, welcomed the ICJ's decision yesterday and highlighted the court's order for cooperation from the two conflicting members in implementing the Jakarta-brokered peace plan.

His point was obvious: the court has authority, at least more authority than Asean, to force Thailand and Cambodia to comply with its injunction, which incorporates the Asean plan.

Cambodia said yesterday that it appreciated the court's decision and urged Thailand to accept and comply with the order to restore peace at the temple.

The ball is now in the Thai court. Bangkok needs to make clear as soon as possible how it plans to comply with the court's order. The new government - if it really is led by Pheu Thai Party - might be on good terms with Phnom Penh, but it is doubtful whether it will be on good terms with its own military.

In Thailand, foreign policy towards neighbouring counties is not a matter for the government alone. The military has a role to play in deciding any such policy.

It may be useful to have a new government with a full mandate from the people. This could give it the power to overrule the military and make its own decision on the ICJ's order and the Asean plan.

-- The Nation 2011-07-20

[Asa]

Both countries have to do their homeworks how to comply, not only Thai. What Cambodia will do with the village and temple near Pra Viharn? What will be done if illicit trade, casino, drugs, and human trafficking springs up in DMZ, who will have authority to deal with the crimes? Without weapon, the area would become criminal haven within days of DMZ Grand Opening! Much need to be declared and agreed upon by both countries not one or another.

[tomross46]

The decision is easy, let Thaksin administer the DMZ area.