Preah Vihear Temple: Thai govt satisfied with ICJ verdict

[webfact]

PREAH VIHEAR
Govt satisfied with ICJ verdict
Supalak Ganjanakhundee
The Nation
The Hague



Disputed temple area "under Cambodian sovereignty"; Court calls on countries to resolve differences on vicinity

THE HAGUE: -- The International Court of Justice (ICJ) yesterday confirmed Cambodia's sovereignty over the whole of a disputed promontory of Preah Vihear Temple on the border with Thailand, but urged both parties to resolve differences on the vicinity.

Following the judgement, the Thai Ambassador to the Netherlands, Virachai Plasai, said Cambodia had only won a small piece of the disputed territory. "We are still calculating the exact amount," he said.

Thai Foreign Minister Suraphong Tovichaichaikul said "Both sides are satisfied with the court's decision."

The court rejected Cambodia's claim that it was also awarded a nearby hill, called Phnum Trap, by the 1962 ICJ ruling that was being interpreted in yesterday's judgement.

The court declared that "Cambodia had sovereignty over the whole territory of the promontory of Preah Vihear, as defined in paragraph 98 of the present judgement.

"And that in consequence, Thailand was under an obligation to withdraw from that territory the Thai military or police force, or other guard or keepers, that were stationed there."

In paragraph 98 of the judgement, the court says, "...in the light of pleading in the original proceeding, it appears that the limits of the promontory of Preah Vihear, to the south of the Annex I map line, consist of natural features. To the east, south and southwest, the promontory drops in a steep escarpment to the Cambodian plains."

The court made clear that Thailand and Cambodia were in agreement since 1962 that the escarpment, and the land at its foot, were under Cambodian sovereignty in any event. To the west and northwest, the land drops in a slope, less steep than the escarpment but nonetheless pronounced, into the valley which separates Preah Vihear from the neighbouring hill of Phnom Trap (Phu Makheu in Thai), the valley itself drops away in the south to the Cambodian plains.

Cambodia had appealed to the court for interpretation of the 1962 judgement as to where exactly the vicinity of the temple was mentioned in the previous judgement.

Thailand had told the court earlier that the Thai Cabinet in 1962 had made clear the vicinity of the temple. Cambodia argued that it was not correct and requested the court to indicate the vicinity under Annex I map, which Cambodia had attached to the previous application.

The court said Cambodia's request was admissible and the court had the jurisdiction to make the interpretation.

Cambodia's Foreign Minister Hor Namhong said he was satisfied with the judgement but needed time and consultation with Thailand to determine where exactly the vicinity of the temple was in accordance with the judgement.

Thailand also needed time to study the judgement and said earlier that it would consult and cooperate with Cambodia to deal with the verdict.


-- The Nation 2013-11-12

[webfact]

World Court settles Thai-Cambodian border dispute
By English News



BANGKOK, Nov 12 - The International Court of Justice (ICJ) on Monday ruled that Cambodia has sovereignty over a disputed promontory around the ancient Hindu temple, while the Thai prime minister pledged to cooperate with Cambodia to ensure peaceful coexistence.

The court awarded Cambodia sovereignty over the Preah Vihear promontory, saying that "Thailand was under obligation to withdraw its soldiers, police and other guards or keepers that were stationed there."

Cambodia petitioned the world court in 2011 asking the court to interpret its 1962 ruling. The move followed deadly military crashes at the border.

The ICJ ruled in 1962 that the temple itself belonged to Cambodia but there was no mention of the surrounding area. Both Thailand and Cambodia laid claim to the 4.6-square kilometre land adjacent to the ancient Hindu temple.

The 17 judges ruled that the promontory on which the Preah Vihear temple sits was part of Cambodia.

However the court did not address the issue of sovereignty over Phnom Trap (Phu Makheu in Thai), or any other area beyond the limits of the promontory of Preah Vihear.

Phnom Trap is in the disputed 4.6-square kilometre area.

"The court considers that Phnom Trap lay outside the disputed area and the 1962 Judgement did not address the question whether it was located in Thai or Cambodian territory. Accordingly, the court considers that the promontory of Preah Vihear ends at the foot of the hill of Phnom Trap, where the ground begins to rise from the valley." the ruling said.

The court also said that the Preah Vihear temple is a site of religious and cultural significance for the peoples of the region and is now listed by UNESCO as a world heritage site. In this respect, the court advised that Cambodia and Thailand must cooperate between themselves and with the international community in to protect the site as a world heritage.

The court decision is binding and cannot be appealed.

Speaking to reporters after the court verdict, Thailand's ambassador to the Netherlands and head of the legal team, Virachai Plasai, said Cambodia didn't gain all the 4.6-square-kilometre disputed area and Phu Makheu but only a small parcel of land which is to be calculated about its size.

In her national televised address after the court ruling, Thai Prime Minister Yingluck Shinawatra pledged that Thailand will hold talks with Cambodia to find a mutually-agreed solution through existing bilateral mechanisms. She also stated that she would protect national interests. (MCOT online news)


-- TNA 2013-11-12

[webfact]

Cambodia welcomes UN ruling on territorial dispute
by Tang Chhin Sothy

PREAH VIHEAR, November 12, 2013 (AFP) - Cambodia welcomed and Thailand accepted a UN ruling Monday awarding most of the disputed border land around an ancient temple to Cambodia -- an issue which sparked deadly clashes in the past.

Nervous Cambodians had dug bunkers or evacuated homes earlier Monday in anticipation of trouble following the International Court of Justice ruling at The Hague, while many Thai schools along the border were shut for the day.

Following the ruling Cambodia's strongman Prime Minister Hun Sen addressed his nation on television, reiterating a pledge to work with Thailand to keep the border peace and "not do anything that will lead to tension".
But he added: "This is a significant step forward... towards a peaceful resolution."

At least 28 people have been killed in outbreaks of violence since 2011 over the ownership of a patch of land next to the 900-year-old Preah Vihear temple.

The issue inflames nationalist sentiment in both countries -- not least because both governments, experts say, have used it to drum up support or as a distraction from domestic politics.

The UN's top court ruled that most of the area around the 11th century temple belongs to Cambodia and that any Thai security forces there should leave.

Despite the apparent blow Thai Prime Minister Yingluck Shinawatra agreed to hold talks with Cambodia, adding she would protect her kingdom's interests.

"The government has asked the military... to take care of peace along the border," she said in a television address, reflecting the importance of the ruling to patriotic Thais.

Tens of thousands of people were displaced in the 2011 fighting, leading Cambodia to ask the ICJ for an interpretation of the original 1962 ruling on ownership of the contested parcel of land.

Thailand does not dispute Cambodia's ownership of the temple, a UNESCO World Heritage site, but both sides claimed an adjacent 4.6-square-kilometre (1.8-square-mile) piece of land.

The mood on both sides of Preah Vihear temple had been tense before the ruling.

"We have already prepared our bunkers in case Thai troops open fire," So Phany, a Cambodian vendor near the temple, told AFP.

Other villagers along the border with Thailand left their homes altogether, fearing the worst, said an AFP photographer at the scene.

Dozens of locals near the temple complex crowded around grainy television screens in coffee shops as the ICJ began the live broadcast of its deliberations.

The ruling has heaped further pressure on Yingluck's government, which is already grappling with mass street demonstrations against a controversial political amnesty bill.

Last year the ICJ ruled that both countries should withdraw forces from around the ancient Khmer temple, which is perched on a clifftop in Cambodia but is more easily accessed from the Thai side.


-- (c) Copyright AFP 2013-11-12

[MAJIC]

World Court settles Thai-Cambodian border dispute

By English News

BANGKOK, Nov 12 - The International Court of Justice (ICJ) on Monday ruled that Cambodia has sovereignty over a disputed promontory around the ancient Hindu temple, while the Thai prime minister pledged to cooperate with Cambodia to ensure peaceful coexistence.

The court awarded Cambodia sovereignty over the Preah Vihear promontory, saying that "Thailand was under obligation to withdraw its soldiers, police and other guards or keepers that were stationed there."

Cambodia petitioned the world court in 2011 asking the court to interpret its 1962 ruling. The move followed deadly military crashes at the border.

The ICJ ruled in 1962 that the temple itself belonged to Cambodia but there was no mention of the surrounding area. Both Thailand and Cambodia laid claim to the 4.6-square kilometre land adjacent to the ancient Hindu temple.

The 17 judges ruled that the promontory on which the Preah Vihear temple sits was part of Cambodia.

However the court did not address the issue of sovereignty over Phnom Trap (Phu Makheu in Thai), or any other area beyond the limits of the promontory of Preah Vihear.

Phnom Trap is in the disputed 4.6-square kilometre area.

"The court considers that Phnom Trap lay outside the disputed area and the 1962 Judgement did not address the question whether it was located in Thai or Cambodian territory. Accordingly, the court considers that the promontory of Preah Vihear ends at the foot of the hill of Phnom Trap, where the ground begins to rise from the valley." the ruling said.

The court also said that the Preah Vihear temple is a site of religious and cultural significance for the peoples of the region and is now listed by UNESCO as a world heritage site. In this respect, the court advised that Cambodia and Thailand must cooperate between themselves and with the international community in to protect the site as a world heritage.

The court decision is binding and cannot be appealed.

Speaking to reporters after the court verdict, Thailand's ambassador to the Netherlands and head of the legal team, Virachai Plasai, said Cambodia didn't gain all the 4.6-square-kilometre disputed area and Phu Makheu but only a small parcel of land which is to be calculated about its size.

In her national televised address after the court ruling, Thai Prime Minister Yingluck Shinawatra pledged that Thailand will hold talks with Cambodia to find a mutually-agreed solution through existing bilateral mechanisms. She also stated that she would protect national interests. (MCOT online news)

-- TNA 2013-11-12

In her national televised address after the court ruling, Thai Prime Minister Yingluck Shinawatra pledged that Thailand will hold talks with Cambodia to find a mutually-agreed solution through existing bilateral mechanisms. She also stated that she would protect national interests. (MCOT online news)

Can somebody tell me,what is there to discuss? a face saver? a mutual agreement of what? Thailand do not own Preah Vihear Temple............end of story! learn to live with it it!

[webfact]

Win-win solution for Thailand and Cambodia



BANGKOK: -- Thailand does not lose the 4.6 square kilometer disputed area claimed by Cambodia with the exception of a small piece of land whose exact amount is yet to be calculated, said Thai ambassador to the Netherlands Virachai Plasai Thursday from The Hague.

The verdict of the International Court of Justice on the border row was welcomed by both Thailand and Cambodia. Foreign Minister Suraphong Tovichakchaikul said he was satisfied with the verdict.

Virachai explained that the court did not rule on Cambodia’s claim for the 4.6 square kilometer land surrounding the ancient temple of Preah Vihear or the claim for Phu Makheu.

The court, he said, did not rule that the 1:200,000 map was a part of the 1962 verdict of the court.

But the court suggested that both Thailand and Cambodia cooperate to develop the disputed area and to take care of the ancient temple as a world heritage.

Source: http://englishnews.thaipbs.or.th/win-win-solution-thailand-cambodia/

-- KHAOSOD English 2013-11-12

[whybother]

In her national televised address after the court ruling, Thai Prime Minister Yingluck Shinawatra pledged that Thailand will hold talks with Cambodia to find a mutually-agreed solution through existing bilateral mechanisms. She also stated that she would protect national interests. (MCOT online news)

Can somebody tell me,what is there to discuss? a face saver? a mutual agreement of what? Thailand do not own Preah Vihear Temple............end of story! learn to live with it it!

There is still about 3.6 sq km of disputed land.

Cambodia went to the court to clarify the ruling regarding 4.6 sq km of land. The court just ruled that about 1 sq km was actually included with the temple. That leaves the rest to be resolved through mediation.

[phitsanulokjohn]

Happy to see the Thai government has taken it on the chin,I sincerely hope the people also can.

[johnlandy]

Govt satisfied with ICJ verdict.

They might be satisfied but they are far from happy and you can bet your last nickel that the matter is not yet at an end.

Thailand has lost face 'pure and simple' and that's a hard pill for them to swallow

[Neilly]

which is perched on a clifftop in Cambodia but is more easily accessed from the Thai side.

Sounds like it's time for Cambodia to splash out on some decent ladders

[webfact]

PREAH VIHEAR
Govt, Cambodia to work together on ICJ verdict
Supalak Ganjanakhundee
The Nation
The Hague

PM says peace will be maintained on the border; court awards temple promontory to Phnom Penh

BANGKOK: -- Thailand is satisfied with the International Court of Justice (ICJ) ruling and is ready to work with Cambodia to carry out actions pursuant to the verdict, Prime Minister Yingluck Shinawatra said yesterday.

The prime minister said Thailand and Cambodia would have to work out solutions that benefit both nations. She also assured the public that the government would prioritise Thailand's sovereignty and national interests, as well as the nation's pride and its standing in Asean. The government has also instructed military officers to maintain peace along the border.

"Thailand and Cambodia share the 800-kilometre border. As Asean members, we have to rely on each other for prosperity. We share long historical ties and both need to cooperate for the sake of both nations," she said at a press conference in Bangkok yesterday evening.

The ICJ's ruling will be tabled at the Cabinet meeting today.

Ahead of the verdict yesterday, Thailand and Cambodia had recently agreed to establish a "Thailand and Cambodia Joint Commission" in order to work together regardless of the ICJ outcome. At the press conference, Foreign Minister Surapong Tovichakchaikul said both countries would work together via this joint body.

Saying that there was no point in declaring a winner or loser, Virachai Plasai, who was part of the team representing Thailand at the ICJ, said the commission would define the "small area" connected to the promontory of Preah Vihear as well as find solutions to jointly develop the 4.6-square-kilometre area.

The ICJ yesterday ruled that the vicinity of Preah Vihear Temple under the Annex I map came under the sovereignty of Cambodia. But Thailand did not lose the disputed area of 4.6sqkm adjacent to the temple as the court had limited the interpretation only to the promontory of Preah Vihear, Virachai said.

Cambodian Foreign Minister Hor Namhong said he was satisfied with the judgement but needed time and had to consult with Thailand about the exact area covered by the judgement.

As per the ICJ verdict, "Cambodia had sovereignty of the whole territory of the promontory of Preah Vihear, as defined in paragraph 98 of the present judgement.

"And that in consequence, Thailand was under an obligation to withdraw from that territory the Thai military or police force, or other guard or keepers, that were stationed there."

In paragraph 98 of the judgement, the court says: "In the light of pleading in the original proceeding, it appears that the limits of the promontory of Preah Vihear, to the south of the Annex I map line, consist of natural features. To the east, south and the southwest, the promontory drops in a steep escarpment to the Cambodia plain."

The court made it clear that Thailand and Cambodia were in agreement since 1962 that the escarpment and the land at its foot were under Cambodian sovereignty. To the west and northwest, the land drops in a slope, less steep than the escarpment but nonetheless pronounced, into the valley which separates Preah Vihear from the neighbouring hill of Phnom Trap or Phu Makheu in Thai, a valley that drops in the south to the Cambodian plains.

However, it remained unclear how large this area was, as the court did not provide a map or graphic to indicate the area in question, according to Thai officials.

In 1962, the court ruled that the Hindu temple of Preah Vihear is situated in territory under the sovereignty of Cambodia and that Thailand was obligated to withdraw its troops and personnel from the temple and its vicinity.

Cambodia called on the ICJ for an interpretation of the 1962 judgement and the exact vicinity of the temple.

Thailand had told the court earlier that a Thai Cabinet resolution in 1962 had already clarified the vicinity of the temple, but Cambodia argued that this was not correct and called on the court to indicate the vicinity in line with the Annex 1 map. Cambodia attached the map to its previous application. The Annex I map is a partly modified version of the Dangrek map 1:200,000 scale. The court said the map indicated the area adjacent to the temple, but not the international boundary line.

The court said Cambodia's request was admissible and the court had the jurisdiction to make the interpretation.

The court also called upon Thailand and Cambodia as parties to the World Heritage Convention to cooperate to protect the Preah Vihear as a World Heritage Site.

Full text of the verdict: http://www.icj-cij.org/docket/files/151/17704.pdf


-- The Nation 2013-11-12

[Sydebolle]

So the Farangs ruled over a historical Khmer temple's vicinity claimed by Thais.

I am just wondering how long it will take until a future government will (mis-)use this temple ruling (again) as smoke screen for future rice schemes, OTOPs or any other crooked scheme yet to be invented.

[Rob8891]

All this "Gov't happy" guff is a bit premature. YK said they would abide by the ICJ's ruling, yet in another thread Thailand will not withdraw its troops "for the moment"....and who is the Defense Minister??

The multi-faceted hydra is getting in a tailspin....

[Arkady]

What The Nation and MCOT have notably glossed over is the fact that Thailand in 1962, under a cabinet resolution following the original ICJ ruling, erected barbed wire to claim part of the promontory that has been now been awarded to Cambodia in its entirety. Since the ICJ didn't clarify the exact boundary of this incursion yesterday, we cannot say how much land Thailand now has to cede but estimates range from 0.3 to 1 sq km. The media need to come up with a new number now in place of the widely touted 4,6 sq km which is now clearly too high.

[kriswillems]

This sentence part the verdict is important (especially the part in bold font):

"the promontory of Preah Vihear ends at the foot of the hill of Phnom Trap, that is to say:

where the ground begins to rise from the valley.

In the north, the limit of the promontory is the Annex I map line, from a point to the north-east of the Temple where that line abuts the escarpment to a point in the north-west where the ground begins to rise from the valley, at the foot of the hill of Phnom Trap."

You can look on google maps, Preah Vihear Temple, choose map and select terrain. You can see that the temple is only easy accessible from the north, an area that Thailand "controls".

I think there are 4 conclusions to be made:

- At this moment Thailand does not respect the Annex 1 map (which was part of the 1962 agreement).

The court decided Thailand should respect this map.

- At this moment Thailand occupies the entrance area North of the temple.

The court decided that the entrance area and the valley North of the temple is land of Cambodia, until the foot of the Phon Trap hill.

This will make it much easier to access the temple from the Cambodian side without entering Thailand. If you follow the stairs at the Cambodian side you'll end up in an area controlled by Thailand. In the future you'll not need to enter area controlled by Thailand.

- The court said Phon Trap hill is not part of the 1962 agreement. So, it didn't say anything about this.

- The disputed area was about 4.6 km^2 (these 4.6 km^2 include Phon Trap hill and the area in the valley north of the temple). The court decided and the most valuable disputed part of the 4.6km^2 (the entrance area and the valley North of the temple) is part of Cambodia.

Edited November 12, 2013 by kriswillems

[terry101]

Can Thailand not just give them the disputed land in a deal that Cambodia buys all Thai rice that the government is sitting on :-)

Sent from my iPhone using Thaivisa Connect Thailand mobile app

[Robby nz]

What the governments of both countries need to do is get their sticky fingers and their big mouths out of the whole area and let the local people work together to develop the area for the benefit of those who live there.

But that will never happen because those in offices in distant cities wearing suits with university educations know more about what's good for the people than they know themselves.

So far the suits have made a right cock up of it all costing lives as well as millions if not billions.

Those who have died would be better off alive for their families and the community and the money wasted would have been much better used to develop the area.

[Arkady]

A little known episode from Thai-Cambodian border relations is related here: http://www.topix.com/forum/world/southeast-asia/TQAOTC3RJP7N0OD1A. Seems to combine elements of Churchill's evil forced repatriation of Poles to be massacred by the Russians after the Yalta Agreement and Tak Bai massacre. I had never heard of this before. Shocking.

The Thai military had committed the worst forced repatriation in UN history.

On the morning of Friday June 8, 1979,110 trucks parked in front of the Nong Chan Refugee Camp, which housed tens of thousands of Cambodian refugees.
Thai officials told the refugees that they were going to be transferred to another, better equipped camp. In reality, these survivors of the Khmer Rouge genocide were being sent back to hell.

Far away from Nong Chan, the site of Preah Vihear had been chosen with a precise goal: To seek revenge for the loss of the temple in 1962. With a high cliff covered in jungle and thousands of land mines laid around the temple, the outcome of the forced expulsion of those thousands of Cambodian refugees could be guessed easily.

The unfortunate refugees were taken out of the trucks under the constant threat of weapons. Horrible scenes took place. All night long, truckloads after truckload of Cambodians were pushed – after first being despoiled of all their possessions – like livestock between two rows of soldiers through a narrow passage. The soldiers used their weapons as sticks and shot at those who refused to file down the narrow passage.

Terrorized by the thought of stepping on one of the many mines, laid previously there by the Khmer Rouge, the refugees desperately attempted to stay on the track. But the Thais continuously pushed more refugees along the path and people were forced to walk through the minefields.
Both thirsty and hungry, the survivors of this atrocity needed three days to cross the immense mine field filled with decaying corpses and injured victims squirming in pain.

One estimates that over 45,000 Cambodians were forced out of Thailand in this manner.

[Loles]

This is storm in potty, but I'm really satisfied if Yingluck is satisfied too.

[Spare]

Fortunately we have Yingluck to fight this case for Thailand and we win the case. Thank you Yingluck.

If it is up to Mark government, now Thailand already loose the 4.6 sq km, and worst, Thai will loose a lot of face.