A Change of Guard

សូមស្តាប់វិទ្យុសង្គ្រោះជាតិ Please read more Khmer news and listen to CNRP Radio at National Rescue Party. សូមស្តាប់វីទ្យុខ្មែរប៉ុស្តិ៍/Khmer Post Radio.
Follow Khmerization on Facebook/តាមដានខ្មែរូបនីយកម្មតាម Facebook: https://www.facebook.com/khmerization.khmerican

Tuesday 31 May 2011

Cambodia launches legal fight at the world court against Thai aggression

Cambodia's Deputy Prime Minister and Minister of Foreign Affairs Hor Namhong, right, Sir Franklin Berman, member of the English Bar, center, and Jean-MarcSorel, Professor of International Law at the University of Paris, left, are seen at the International Court of Justice in The Hague, Netherlands, Monday, May 30, 2011. Thailand and Cambodia will face off at the United Nations' highest court Monday, in the latest move to settle a decades-old battle for control of a disputed border region that has erupted into deadly military clashes. Cambodia is asking the court to order Thailand to withdraw troops and halt military activity around a temple at the center of the dispute between the Southeast Asian neighbors. (AP Photo/Bas Czerwinski)
Thailand's Ambassador to the Netherlands Virachai Plasai, left, Thailand's Director-General, Department of Treaties and Legal affairs, Ittiporn Boonpracong,center, and Thailand's Minister of Foreign Affairs Kasit Piromya, right, attend the International Court of Justice in The Hague, Netherlands, Monday, May 30, 2011. Thailand and Cambodia will face off at the United Nations' highest court Monday, in the latest move to settle a decades-old battle for control of a disputed border region that has erupted into deadly military clashes. Cambodia is asking the court to order Thailand to withdraw troops and halt military activity around a temple at the center of the dispute between the Southeast Asian neighbors. (AP Photo/Bas Czerwinski)

By Jan Hennop,
Agence France-Presse
Tuesday, May 31, 2011

Cambodia on Monday launched a bitter legal battle before the UN's highest court, asking it to order an immediate Thai troop withdrawal around the ancient temple of Preah Vihear, scene of heavy clashes earlier this year.

'We will ask the court to swiftly provide the provisional measures to protect the peace and avoid an escalation of the armed conflict in the area,' said Deputy Prime Minister Hor Namhong, who represents Cambodia.

'Cambodia is asking the court to implement measures to prevent further destruction of the temple and the area around it,' he told a 16-panel of judges before the International Court of Justice based in The Hague.

In February the UN appealed for a permanent ceasefire after 10 people were killed in fighting near Preah Vihear, but fresh clashes which broke out in April further west left 18 dead and prompted 85,000 civilians to flee.

The court ruled in 1962 that the temple itself belonged to Cambodia.

'Thailand is under obligation to withdraw any troops in the area around the temple,' the Cambodian representative said.

He said that 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.

'It's time for the voice of international law to speak loudly,' Hor Namhong said, calling the ICJ 'the guarantor.'

That is why we brought this dispute here -- it has been going on too long,' he said.

Thailand was expected to make its first public submission later Monday.

Speaking outside the courtroom, Thailand's caretaker Foreign Minister Kasit Piromya denied Thailand ever questioned the court's 1962 ruling.

'We have never contested or disputed the court's decision on the temple,' he told reporters.

He said Thailand's dispute was specifically over the 4.6-square-kilometre (1.8-square-mile) area surrounding the complex.

'That's different,' Kasit said when asked about the disputed territory. 'The court did not have the jurisdiction to rule about that.'

But he said Thailand's view 'has been our position for the last 50 years.'

'We do not understand why we had to come here,' he said.

Thai Prime Minister Abhisit Vejjajiva told reporters in Bangkok that it was 'unncessary' for the court to consider Cambodia's petition.

'The request violates the previous ruling. ... We will fight based on the court's jurisdiction and facts. When Cambodia won the last case, the Thai government followed the ruling and has done so since 1962.'

The 11th-century complex has been at the centre of an ongoing legal wrangle between Thailand and Cambodia -- which took its southeastern Asian neighbour to the ICJ in 1958.

The UN court ruled in 1962 the 900-year-old Khmer temple belonged to Cambodia, but both Phnom Penh and Bangkok claim ownership of the surrounding area.

Cambodia last month asked the ICJ to explain that ruling, with the ICJ saying it would rule on a clarification at a later stage.

The ICJ has set down two days for public submissions after which judges will convene and give a ruling, said a source close to the court who asked not to be named. Two more hearings for submissions are also scheduled for Tuesday.
--------------------------------------
Cambodia brings legal fight vs Thailand before UN's highest court
31-May-11, 2:17 AM | Jan Hennop, Agence France-Presse
[Share This]

THE HAGUE - Cambodia on Monday launched a bitter legal battle before the UN's highest court, asking it to order an immediate Thai troop withdrawal around an ancient temple that saw clashes this year.

"We will ask the court to swiftly provide the provisional measures to protect the peace and avoid an escalation of the armed conflict in the area," said Deputy Prime Minister Hor Namhong, who represents Cambodia.

"Cambodia is asking the court to implement measures to prevent further destruction of the temple and the area around it," he told a 16-panel of judges before the International Court of Justice based in The Hague.

"Thailand is under obligation to withdraw any troops in the area around the temple," the Cambodian representative said.

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

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

Cambodia said though 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.

"It's time for the voice of international law to speak loudly," Hor Namhong said, calling the ICJ "the guarantor".

"That is why we brought this dispute here -- it has been going on too long," he said.

The court ruled in 1962 that the 900-year-old temple itself belonged to Cambodia but both Phnom Penh and Bangkok claim ownership of the surrounding area.

Thailand said in its submission on Monday that it did not dispute the ruling on the temple itself but it did question the court's jurisdiction to rule on the 4.6-square-kilometer (1.8-square-mile) patch of land around Preah Vihear.

Thai representatives said the 1962 judgment only related to the temple itself, and not the area around it.

"You do not have jurisdiction over the boundary as such... your jurisdiction is limited to what was actually decided in 1962," James Crawford, Cambridge professor of International Law, told the court.

"The court in 1962 made no decision as to the limitations of the frontier," added Crawford, who appeared as an advisor to the Thai case.

Thailand also said it resented the image of a larger nation forcing itself on a smaller one.

"This portrayal of Thailand is a big bad wolf bullying the lamb of Cambodia is totally wrong," said Virachai Plasai, Thailand's ambassador to the Netherlands.

Thai Prime Minister Abhisit Vejjajiva told reporters in Bangkok that it was "unnecessary" for the court to consider Cambodia's petition.

"The request violates the previous ruling. ... We will fight based on the court's jurisdiction and facts. When Cambodia won the last case, the Thai government followed the ruling and has done so since 1962."

The 11th-century complex has been at the centre of a long legal wrangle between Thailand and Cambodia -- which took its southeastern Asian neighbor to the ICJ in 1958.

Cambodia last month asked the ICJ to explain that ruling, with the ICJ saying it would rule on a clarification later.

The ICJ has set down two days for public submissions after which judges will convene and give a ruling, said a source close to the court who asked not to be named.

Two hearings for submissions are also scheduled for Tuesday.
-----------------------------
Cambodian Complains of Thai Aggression Before World Court

VOA News May 30, 2011

Cambodia's foreign minister has told the International Court of Justice in The Hague that Thai aggression is to blame for a recent series of deadly border clashes between the countries.

Foreign Minister Hor Namhong urged judges in the Netherlands-based court on Monday to settle a territorial dispute over land around the ancient Preah Vihear temple, which led to clashes that killed at least 10 people in February. Another 18 died in fighting last month near another ancient temple complex about 150 kilometers farther west.

Hor Namhong is asking the court during the two-day hearing to rule that a 4.6-square-kilometer area around the temple is Cambodian territory. The same court ruled in 1962 that the temple itself is in Cambodia, but remained vague about the surrounding land.

Bangkok officials say Thai Foreign Minister Kasit Piromya, backed by an international team of lawyers, will tell the court later Monday that Thailand has never questioned the 1962 ruling itself. But he is expected to argue that by agreeing in 2000 to establish a joint boundary committee, Cambodia has admitted that the border itself is unclear, and that the boundary committee should settle the issue rather than the court.

Cambodia is also asking the court to order an immediate withdrawal of Thai forces from land around the temple and to ban Thai military activity in the area. A ruling on that request could come within two to three weeks, while a final decision on the case is not expected until early next year.

7 comments:

Anonymous said...

Ah kasit played dump. That is a shame on ah siam or thai. Watch they lose face to khmer again.

Anonymous said...

Thailand going to ask for sympathy from the ICJ as it has prepared historical information and evidence of good relationship with Cambodia after Cambodia bring the disputed issue to the ICJ.

Historically Thailand has stretched his majesty the king Sihnouk diplomacy to the limited and it all over on 15/1962 the ICJ ruled in favor of Cambodia,by follow the foot step of their ancestors abhisit government pushed current Cambodian government to the limited and once against it end up where it started more than 50 years ago.

Thailand conceded defeat mentally and logically before stepping into the courtroom the body languages and the remarked by Thai foreign minister "The court did not have the jurisdiction to rule about that,We do not understand why we have to come here when there is already an existing mechanism".

The reluctant to go to face the music at Hague that their idols was humiliated almost 49 years ago the Thai team well aware the 1962 verdict is standing and the court will add more concrete measure that will impose any Thai action against Cambodia in the future.the certainty of being humiliated by a little Cambodian once again become reality.

Thailand also well aware of the clause 60 of the ruling that entitle Cambodia to repetition any time as long as the ICJ and the human kind still exist .

Anonymous said...

The Facial of Thais tell it all very boring and humiliation

Anonymous said...

All the Thailand heavy weight liars include the lawyer they got nothing to say really just say something to get pays .

If the court do not have jurisdiction why they there for "You do not have jurisdiction over the boundary as such... your jurisdiction is limited to what was actually decided in 1962" this word will bring Thailand down if those 16 judges not deaf or blind how can they let this arrogance get way with crimes.

Anonymous said...

These Thai Fuckers play tricks again. "We have never contested or disputed the court's decision on the temple" Why the fuck, they asked Cambodians to leave Wat Keo SiKha and Preah Vihear Temple? They are pretending to be stupid. They want Preah Vihear Temple?

Anonymous said...

Thailand got nothing to lose...But only given cambodian a big headaches..

Anonymous said...

11:19 PM,that's true and that's the low side,ineffective system yet of the UN. Thai should be reprimanded and/or get to pay fine for causing all of this commotions. Thai has to pay all of Khmer expanses and all physical/mental damage it has caused and above all Thai government figures should listed on the list of world peace disturbed thugs.