International Law The Only Solution To Preah Vihear

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BURNING ISSUE
International law the only solution to Preah Vihear
Supalak Ganjanakhundee
The Nation

BANGKOK: -- The nationalist fervour being used to whip up rallies in the border province of Si Sa Ket will not help Thailand and Cambodia settle the longstanding conflict over the old Hindu temple of Preah Vihear. Rather than the cool approach needed, the hotheads are only adding more fuel to the dispute between two neighbours.

A group of nationalists calling itself Dharma Yatra Pitak Siam is provoking Si Sa Ket residents and activists in its network to stand up to the International Court of Justice (ICJ), which will open its next hearing on the Preah Vihear case on Monday.

The group comprises the same persons who associated with the conservative yellow shirts to open old wounds in Thai-Cambodian relations years ago.

For many Thai nationalists, the Preah Vihear case is a sore that has festered since 1962, when the ICJ ruled that the temple belonged to Cambodia. At the time, Thais were told by the then royalist-nationalist regime that the temple justly belonged to Thailand but that the world court, which was dominated by Westerners, had been unjust in its ruling to hand it over to Cambodia.

Conservative intellectuals implanted the mistaken notion that Thailand had reserved its right to reclaim ownership of the Hindu temple and that the world court had no jurisdiction in the case.

Others, such as Dharma Yatra's leader Samarn Sri-ngam, went even further, calling on the government to reactivate the defunct 1941 Tokyo Convention, which allowed Thailand to annex, by force, Preah Vihear along with other parts of Cambodia during World War II.

Ultra-nationalism was at the core of the Pan-Thailand policy of Field Marshall Plaek Pibulsongkram's administration during the first half of 20th century. That nationalistic ideology was then phased out after the Cold War.

Conservatives, led by yellow shirts, brought about its rebirth in 2008 when they launched their crusade against their enemy, the followers of former Prime Minister Thaksin Shinawatra.

They created a discourse whereby the territory had been lost by Thaksin's proxy government under Samak Sundaravej, which offered its support for Cambodia's plan to list Preah Vihear as a World Heritage site in 2008.

The previous government under Abhisit Vejjajiva, which enjoyed strong support from conservative royalist-nationalist groups, had maintained a nationalist policy against Cambodia. Abhisit made strenuous efforts against the listing of the temple as a World Heritage site. Border skirmishes around Preah Vihear that broke out during the Abhisit administration strained relations between the two countries badly, before Phnom Penh decided to take the case back to the world court for an interpretation of the 1962 judgement.

The ICJ had ruled in 1962 that Preah Vihear was situated in territory under the sovereignty of Cambodia. Thailand has since argued that the court ruling only covers the temple, while the adjacent area belongs to Thailand. The Thai government in 1962 relinquished some 250,000 square metres of the temple's land to Cambodia but maintained its claim on the surrounding area. But Cambodia then wanted the land claimed by Thailand for a World Heritage-site buffer zone.

From Monday to Friday next week, both sides will present facts, evidence and legal grounds to back up their claims at the ICJ in The Hague, before the final judgement is delivered late this year. Thailand and Cambodia have assigned their top legal teams for the court battle. Both teams can expect moral support from their compatriots back home, but the actions of nationalists in rejecting the court's jurisdiction or in occupying the disputed territory are overkill and unnecessary.

Let the battle be fought on legal grounds alone. Nationalism and politicisation of the dispute will never bring a genuine solution for this international conflict.


-- The Nation 2013-04-10

[JetsetBkk]

Thais were told by the then royalist-nationalist regime that the temple justly belonged to Thailand but that the world court, which was dominated by Westerners, had been unjust...

A-ha! Those dratted Westerners again!

[FarangTalk]

A sensible article for a change. Of course it was a British delegation that argued in favour of the Thais at the ICJ and the whole affair was prompted by Thailand's military occupying the site in 1959.

1941 Tokyo Convention, which allowed Thailand to annex, by force, Preah Vihear along with other prts of Cambodia during World War II.

Commemorated by the 'Victory of Embarrassment' or Victory Monument as it is better known.

[JCauto]

A sensible article, however I wonder why they used square meters? It's something to inflame rather than inform.

When does one use square meters as a unit of measurement except in highly built up areas like Bangkok? And even there, it's Wah that's used. For the rural scrubland out there, the proper unit would be Rai. And, FYI, we're talking about 156 Rai. That alone illustrates how ridiculous this whole saga is. If it were for sale and not on the border and therefore a wedge issue for the most radical Yellow Shirts, it would cost about $5,000.

[DocN]

Yeah, right!
Because Thais really like to listen to "foreigners"!

By the way: isn't there an INTERNATIONAL COURT ruling already?

[edgarfriendly]

there can be 122 more international rulings...mai pen lai/rai

they will never listen unless its how to rip someone off or use trickery to scam someone naiive.

open your eyes, they hardly hide it.

how mutch yiu gibb meeeee???!

GIBB MEE MUNEEEE or I KILL MY SELF!!! and IT BE YOR FOLT, CHUA!!!

Edited April 10, 2013 by edgarfriendly

[JulesMad]

Why not solve to problem by giving it to a 3rd party?!? I am sure Laos can take care of it (and make some money from the visitors!)

I realize that this is NOT the Thai way

[whybother]

Yeah, right!

Because Thais really like to listen to "foreigners"!

By the way: isn't there an INTERNATIONAL COURT ruling already?

The 1962 ruling was basically on the temple and land it was on, not on the surrounding land, since that is all that Cambodia originally asked for.

Cambodia are asking for a clarification of that decision to see if that ruling DID include the surrounding land or not.

Sent from my Phone.

[ZhouZhou]

Ultra-nationalism was at the core of the Pan-Thailand policy of Field Marshall Plaek Pibulsongkram's administration during the first half of 20th century. That nationalistic ideology was then phased out after the Cold War.

...

The previous government under Abhisit Vejjajiva, which enjoyed strong support from conservative royalist-nationalist groups, had maintained a nationalist policy against Cambodia. Abhisit made strenuous efforts against the listing of the temple as a World Heritage site. Border skirmishes around Preah Vihear that broke out during the Abhisit administration strained relations between the two countries badly, ...

I am not surprised by that continuity her.

Abhisit had only backward politics to offer. nothing what would bring Thailand forward into a modern globalized world.

there are strong ties between the Dharma Yatra Pitak Siam and the Democrats.

[Robby nz]

Nope it isn't international law that's needed its international co-operation and common sense.

The temple and adjoining disputed land should be made into a joint owned and administered tourist area.

It should be replanted (once the land mines are cleared) and the local people who have lived in the area should be given duel citizenship and employed to work in the area.

Access and promotion could be from both sides and initial costs and eventual revenue shared.

A considerable boost to people on both sides of the border and no loss of face to either side.

Only a show of co-operation and friendship.

However as long as Hun sen has advise from the present source no way it could happen.

Edited April 10, 2013 by metisdead
Large font reset to normal.

[JCauto]

^{Nope it isn't international law that's needed its international co-operation and common sense.}

^{The temple and adjoining disputed land should be made into a joint owned and administered tourist area.}

^{It should be replanted (once the land mines are cleared) and the local people who have lived in the area should be given duel citizenship and employed to work in the area.}

^{Access and promotion could be from both sides and initial costs and eventual revenue shared.}

^{A considerable boost to people on both sides of the border and no loss of face to either side.}

^{Only a show of co-operation and friendship.}

^{However as long as Hun sen has advise from the present source no way it could happen.}

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

[hellodolly]

^{Nope it isn't international law that's needed its international co-operation and common sense.}

^{The temple and adjoining disputed land should be made into a joint owned and administered tourist area.}

^{It should be replanted (once the land mines are cleared) and the local people who have lived in the area should be given duel citizenship and employed to work in the area.}

^{Access and promotion could be from both sides and initial costs and eventual revenue shared.}

^{A considerable boost to people on both sides of the border and no loss of face to either side.}

^{Only a show of co-operation and friendship.}

^{However as long as Hun sen has advise from the present source no way it could happen.}

An intelligent answer. Also as long as Thaksin is the Prime Minister no way can it happen. The two of them are probably sitting back and laughing at the whole situation.

It would also serve as a small link in uniting Thailand and Cambodia closer together.

Make it harder for ZhouZhou and his red shirted friends to skip in to Cambodia.

[ZhouZhou]

Nope it isn't international law that's needed its international co-operation and common sense.

The temple and adjoining disputed land should be made into a joint owned and administered tourist area.

It should be replanted (once the land mines are cleared) and the local people who have lived in the area should be given duel citizenship and employed to work in the area.

Access and promotion could be from both sides and initial costs and eventual revenue shared.

A considerable boost to people on both sides of the border and no loss of face to either side.

Only a show of co-operation and friendship.

However as long as Hun sen has advise from the present source no way it could happen.

not Hu Sens fault.

read the OP

Samak Sundaravej, which offered its support for Cambodia's plan to list Preah Vihear as a World Heritage site in 2008.

The previous government under Abhisit Vejjajiva, which enjoyed strong support from conservative royalist-nationalist groups, had maintained a nationalist policy against Cambodia. Abhisit made strenuous efforts against the listing of the temple as a World Heritage site.

guess who is to blame on the current situation? before Abhisit everything was fine and both countries went along in harmony about the temple. Abhisit and his ultra nationalist friends turned it into the worse.

whats wrong with a World Heritage site?

[Thereisnoif]

You cannot expect a country without a rule of law like Thailand to abide by international law ?

[Robby nz]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

Probably JCauto less effort than its already taken to dispute it.

And if you mean by an "internal Thai dispute" that it was reignited when Thaksin arranged with his buddy Hun sen to attack Thailand after his reds had been cleared out of BKK then I would have to agree with you but only up to a point as Cambodia was and still is involved.

[FarangTalk]

No surprise that this thread has turned into yet another anti-Thaksin tirade from the obsessives.

Some absolute paranoid nonsense posted here to try and excuse the obvious nationalism exhibited by the Yellow Shirts, PAD and certain elements of the Democrat Party.

And if you mean by an "internal Thai dispute" that it was reignited when Thaksin arranged with his buddy Hun sen to attack Thailand

Cambodia did not attack Thailand. Yellow Shirts and PAD militants occupied the temple and turned the issue into a nationalist wedge to try and oust the Samak administration in 2008. Way before the red shirts were even conceived of or their protests in 2010.

A good, concise, chronological list of events in the lead up to the conflict is here: http://en.wikipedia.org/wiki/Cambodian%E2%80%93Thai_border_dispute

[JCauto]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

Probably JCauto less effort than its already taken to dispute it.

And if you mean by an "internal Thai dispute" that it was reignited when Thaksin arranged with his buddy Hun sen to attack Thailand after his reds had been cleared out of BKK then I would have to agree with you but only up to a point as Cambodia was and still is involved.

The first part is debatable.

Your second contention is just bizarre. It doesn't mesh with any reality that I'm aware of. Thanks to FarangTalk for pointing out the obvious.

[PoodMaiDai]

Didn't the court already decide it belongs to Cambodia?

[whybother]

Didn't the court already decide it belongs to Cambodia?

The court decided the temple belonged to Cambodia. They didn't decide, or weren't clear, on the adjoining land. So they're back in court of a clarification.

[whybother]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

[philw]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

In response to RTA use of cluster munitions and land mines perhaps ???

There are hot head loonies in both uniforms but it is worthy of note how the tensions have reduced since the last election................

Edited April 10, 2013 by philw

[whybother]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

In response to RTA use of cluster munitions and land mines perhaps ???

There are hot head loonies in both uniforms but it is worthy of note how the tensions have reduced since the last election................

Tensions reduced since well before the last election.

[Robby nz]

Cambodia did not attack Thailand. Yellow Shirts and PAD militants occupied the temple and turned the issue into a nationalist wedge to try and oust the Samak administration in 2008. Way before the red shirts were even conceived of or their protests in 2010.

Nothing to do with 2008 mate this the attack on Thailand in 2010.

Consider if you will why the That Army would want at that time to attack Cambodia,

They had just ousted the red rioters with loss of life in the ranks and were still engaged in the South with farther loss of life. Both of these actions were in defense of the country as is their job.

Their state of mind must have been one of relief that one incident was over even though another was still in progress.

There was no reason whatsoever for them to attack Cambodia.

Now consider the timing of the attacks.

Directly after the reds had been ousted and they came to an abrupt end once PT had won the election.

Then consider Thaksins state of mind; not at all happy that his effort to take over the country had failed and intent on farther revenge.

Also consider his friendly (advisor) relationship with Hun sen, sure he had said he was no longer an advisor but he has lied before and since.

Consider also that the shots from Cambodia were fired into the disputed area and surrounding villages from the vicinity of the temple.

And the Thai retaliation was into the area the shots came from.

I know none of that or other common sense will register on those reading from the red book however facts still remain

And if you want to talk about bashing anyone try reading some of the previous posts.

[JCauto]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

I didn't say it was "just" an internal Thai dispute, but that it was "more" an internal Thai dispute.

Did you read the timeline in the Wikipedia article? Do you dispute any of that? Having read it, is there even the slightest dispute as to who sparked this conflict? Hint - they were wearing yellow shirts.

[philw]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

I didn't say it was "just" an internal Thai dispute, but that it was "more" an internal Thai dispute.

Did you read the timeline in the Wikipedia article? Do you dispute any of that? Having read it, is there even the slightest dispute as to who sparked this conflict? Hint - they were wearing yellow shirts.

WB and a few others here can't help it, systematic but subtle changes of other people posts are their MO.

Rather sad really that such tactics are so frequently used on TV.

Good that you caught the insertion of the "just" because he willfully changed the meaning of your sentence.

They think it's clever but it's actually just intellectual dishonesty.............

[philw]

This doesn't make sense - it's 500 Ha of scrubland for Gawd's sake. How much effort would that take for setup and administration?

Fact is, this is an internal Thai dispute more than an international dispute.

I don't know how it's just an "internal Thai dispute" when Cambodia had been bombing Thai villages over the issue.

In response to RTA use of cluster munitions and land mines perhaps ???

There are hot head loonies in both uniforms but it is worthy of note how the tensions have reduced since the last election................

Tensions reduced since well before the last election.

Illegal cluster munitions....

[dighambara]

Thais were told by the then royalist-nationalist regime that the temple justly belonged to Thailand but that the world court, which was dominated by Westerners, had been unjust...

A-ha! Those dratted Westerners again!

To be honest, the ICJ should return all the lands taken by the French and British. I presume you know that Angkor Wat fell to French & Vietnamese soldiers in 1907, yet, eventhen, Bangkok was able to maintain close relations with the French, because they had guaranteed to return the captured territory. Some old maps clearly show the area as 'French Protectorate of Siam'.

Following the Franco-Siam War, the treaty put Preah Vihear in Siam, but was not not incuded in the supplemental map drawn later, creating an uproar over 100 years ago. Then in 1953, Battambang and Angkor were officially transferred to Cambodia - a shock to the Thai Government at the time. No need to wonder why Thailand is upset with foreigners.

[bigbamboo]

Line up two teams of Thai and Cambodian government ministers and tell them the first ones to cross the minefield and reach the temple wins it!

[Thai at Heart]

Why not solve to problem by giving it to a 3rd party?!? I am sure Laos can take care of it (and make some money from the visitors!)

I realize that this is NOT the Thai way

I will take it and give everyone access. Can a foreigner own this land under either country's laws.

OK give it back to France.....

[whybother]

I will take it and give everyone access. Can a foreigner own this land under either country's laws.

OK give it back to France.....

.

Did France ever have possession?