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Request for interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Order - Request for the Indication of Provisional Measures.  Please click here for full article.

Latest press releases "Case concerning theTemple of Preah Vihear (Cambodia v. Thailand)"

Request for interpretation of the Judgment of 15 June 1962 in the Case concerning theTemple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Request for the indication of provisional measures - The Court finds that both Parties must immediately withdraw their military personnel currently present in the provisional demilitarized zone defined by it, and refrain from any military presence within that zone and from any armed activity directed at that zone.  Please click here for full Press Release.

Thailand has no one to blame but itself

• Published: 28/06/2011 at 12:00 AM
• Newspaper section: News
• Bangkok Post

Puangthong: We ‘should have known’

Chulalongkorn University political scientist Puangthong Pawakapan believes the decision to withdraw Thailand from the World Heritage Convention will cast a negative light on the country's image. The academic shares her opinions with AMORNRAT MAHITTHIROOK on the issue. 

What's wrong with Thailand's foreign policy on the world stage?

We have to look at the overall problem. Thai and Cambodia have been at loggerheads over Preah Vihear since Cambodia managed to get the ancient temple listed as a World Heritage Site in 2008. Thailand's opposition has hurt its image. The country is viewed as losing a boxing match, but it and its fans refuse to accept the defeat.

Does a conflict over the 4.6-sq km disputed area (near Preah Vihear temple) not carry enough weight for the WHC to listen to Thailand?

The Abhisit government explained that the listing of the temple and its management plan has allegedly encroached on Thai soil. But the government failed to produce clear evidence showing the alleged encroachment.

If we look at a map submitted by Cambodia for the listing of the temple, the listing has not included the 4.6-sq km disputed area. This area had been removed from Cambodia's application since the Samak Sundaravej government was in office.

Only the temple and areas on the eastern and western sides of it were listed as a World Heritage site. Evidence about the alleged encroachment must be produced when Mr Suwit opposed the listing before the WHC. But I think we have no evidence, only words.

Why did Thailand fail to lobby other membership countries to back its stance?

It's hard to lobby them as we have to produce clear evidence about alleged encroachment. The kingdom should have opposed the management plan before the WHC held a meeting.

The WHC had invited Thailand to participate in a panel to consider Cambodia's management plan but we refused so we had no opportunity to oppose the plan at that time. It's too late to cast an opposition when the WHC meeting [had been] called.

Wasn't the government aware of such procedures?

I think the government was fully aware, but opted not to tell the public. I don't know why it had to make public its opposition to Cambodia's management plan during the WHC meeting.

Cambodia had submitted the plan in February last year.

Thailand also has its representative on the WHC and should have know what was going on.

The management plan is not confidential as its details are displayed on several websites.

Which country has [gained] an advantage and which one stands to lose over Thailand's withdrawal from the WHC?

Most of members of the WHC show an inclination to support Cambodia. Thailand's image over the issue has been badly affected.

This prompts other countries to back Cambodia despite the fact that they don't like Cambodian prime minister Hun Sen for being an authoritarian. Even foreign media based in Cambodia also dislike Hun Sen, but they support Cambodia over the issue.

Summary of ICJ Judgment of 15 June 1962 - Temple of Preah Vihear (Cambodia v. Thailand)

Summary of the Summary of the Judgment of 15 June 1962 (website of International Court of Justice)

CASE CONCERNING THE TEMPLE OF PREAH VIHEAR (MERITS) Judgment of 15 June 1962 Proceedings in the case concerning the Temple of Preah Vihear, between Cambodia and Thailand, were instituted on 6 October 1959 by an Application of the Government of Cambodia; the Government of Thailand having raised two preliminary objections, the Court, by its Judgment of 26 May 1961, found that it had jurisdiction. In its Judgment on the merits the Court, by nine votes to three, found that the Temple of Preah Vihear was situated in territory under the sovereignty of Cambodia and, in consequence, that Thailand was under an obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory. By seven votes to five, the Court found that Thailand was under an obligation to restore to Cambodia any sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which might, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple area by the Thai authorities. Judge Tanaka and Judge Morelli appended to the Judgment a Joint Declaration. Vice-President Alfaro and Judge Sir Gerald Fitzmaurice appended Separate Opinions; Judges Moreno Quintana, Wellington Koo and Sir Percy Spender appended Dissenting Opinions. * * * In its Judgment, the Court found that the subject of the dispute was sovereignty over the region of the Temple of Preah Vihear. This ancient sanctuary, partially in ruins, stood on a promontory of the Dangrek range of mountains which constituted the boundary between Cambodia and Thailand. The dispute had its fons et origo in the boundary settlements made in the period 1904-1908 between France, then conducting the foreign relations of Indo-China, and Siam. The application of the Treaty of 13 February 1904 was, in particular, involved. That Treaty established the general character of the frontier the exact boundary of which was to be delimited by a Franco-Siamese Mixed Commission In the eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to follow the watershed line. For the purpose of delimiting that frontier, it was agreed, at a meeting held on 2 December 1906, that the Mixed Commission should travel along the Dangrek range carrying out all the necessary reconnaissance, and that a survey officer of the French section of the Commission should survey the whole of the eastern part of the range. It had not been contested that the Presidents of the French and Siamese sections duly made this journey, in the course of which they visited the Temple of Preah Vihear. In January-February 1907, the President of the French section had reported to his Government that the frontier-line had been definitely established. It therefore seemed clear that a frontier had been surveyed and fixed, although there was no record of any decision and no reference to the Dangrek region in any minutes of the meetings of the Commission after 2 December 1906. Moreover, at the time when the Commission might have met for the purpose of winding up its work, attention was directed towards the conclusion of a further Franco-Siamese boundary treaty, the Treaty of 23 March 1907. The final stage of the delimitation was the preparation of maps. The Siamese Government, which did not dispose of adequate technical means, had requested that French officers should map the frontier region. These maps were completed in the autumn of 1907 by a team of French officers, some of whom had been members of the Mixed Commission, and they were communicated to the Siamese Government in 1908. Amongst them was a map of the Dangrek range showing Preah Vihear on the Cambodian side. It was on that map (filed as Annex I to its Memorial) that Cambodia had principally relied in support of her claim to sovereignty over the Temple. Thailand, on the other hand, had contended that the map, not being the work of the Mixed Commission, had no binding character; that the frontier indicated on it was not the true watershed line and that the true watershed line would place the Temple in Thailand, that the map had never been accepted by Thailand or, alternatively, that if Thailand had accepted it she had done so only because of a mistaken belief that the frontier indicated corresponded with the watershed line. The Annex I map was never formally approved by the Mixed Commission, which had ceased to function some months before its production. While there could be no reasonable doubt that it was based on the work of the surveying officers in the Dangrek sector, the Court nevertheless concluded that, in its inception, it had no binding character. It was clear from the record, however, that the maps were communicated to the Siamese Government as purporting to represent the outcome of the work of delimitation; since there was no reaction on the part of the Siamese authorities, either then or for many years, they must be held to have acquiesced. The maps were moreover communicated to the Siamese members of the Mixed Commission, who said nothing. to the Siamese Minister of the Interior, Prince Damrong, who thanked the French Minister in Bangkok for them, and to the Siamese provincial governors, some of whom knew of Preah Vihear. If the Siamese authorities accepted the Annex I map without investigation, they could not now plead any error vitiating the reality of their consent. The Siamese Government and later the Thai Government had raised no query about the Annex I map prior to its negotiations with Cambodia in Bangkok in 1958. But in 1934-1935 a survey had established a divergence between the map line and the true line of the watershed, and other maps had been produced showing the Temple as being in Thailand: Thailand had nevertheless continued also to use and indeed to publish maps showing Preah Vihear as lying in Cambodia. Moreover, in the course of the negotiations for the 1925 and 1937 Franco-Siamese Treaties, which confirmed the existing frontiers, and in 1947 in Washington before the Franco-Siamese Conciliation Commission, it would have been natural for Thailand to raise the matter: she did not do so. The natural inference was that she had accepted the frontier at Preah Vihear as it was drawn on the map, irrespective of its correspondence with the watershed line. Thailand had stated that having been, at all material times, in possession of Preah Vihear, she had had no need to raise the matter; she had indeed instanced the acts of her administrative authorities on the ground as evidence that she had never accepted the Annex I line at Preah Vihear. But the Court found it difficult to regard such local acts as negativing the consistent attitude of the central authorities. Moreover, when in 1930 Prince Damrong, on a visit to the Temple, was officially received there by the French Resident for the adjoining Cambodian province, Siam failed to react. From these facts, the court concluded that Thailand had accepted the Annex I map. Even if there were any doubt in this connection, Thailand was not precluded from asserting that she had not accepted it since France and Cambodia had relied upon her acceptance and she had for fifty years enjoyed such benefits as the Treaty of 1904 has conferred on her. Furthermore, the acceptance of the Annex I map caused it to enter the treaty settlement; the Parties had at that time adopted an interpretation of that settlement which caused the map line to prevail over the provisions of the Treaty and, as there was no reason to think that the Parties had attached any special importance to the line of the watershed as such, as compared with the overriding importance of a final regulation of their own frontiers, the Court considered that the interpretation to be given now would be the same. The Court therefore felt bound to pronounce in favour of the frontier indicated on the Annex I map in the disputed area and it became unnecessary to consider whether the line as mapped did in fact correspond to the true watershed line. For these reasons, the Court upheld the submissions of Cambodia concerning sovereignty over Preah Vihear. * * * Source: International Court of Justice

Cambodia-Thailand border dispute at UN court

A view of the International Court of Justice in the The Hague as it waits to hear a request for interpretation of its 1962 judgement over Preah Vihear temple. AFP

THE HAGUE, Netherlands — "Murderous armed incursions" by the Thai military around a historic temple in a disputed border region form a "grave threat" to regional peace and security, Cambodian Foreign Minister Hor Namhong told the U.N.'s highest court Monday.

Fighting between the two nations has cost some 20 lives, wounded dozens and sent tens of thousands fleeing since 2008, when the 11th-century Preah Vihear temple was given U.N. World Heritage status, overriding Thailand's objections.

Bas Czerwinski, Associated Press

Cambodia's Deputy Prime Minister and Minister of Foreign Affairs Hor Namhong, right, Sir Franklin Berman, member of the English Bar, center, and Jean-Marc Sorel, 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.

In a fresh attempt to settle a dispute that has simmered for decades between the Southeast Asian neighbors, Cambodia is asking the International Court of Justice for a new interpretation of its 1962 judgment that gave Cambodia control of the temple.

Hor Namhong said Thailand is basing its recent military action on an interpretation of the 1962 judgment that is "both erroneous and unacceptable."

Bas Czerwinski, Associated Press

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, he said, is using its reading of the ruling "to provide legal cover for armed incursions into Cambodian territory."

A high-level Thai delegation at the court, led by Foreign Minister Kasit Piromya, refused to comment before entering the wood-panelled Great Hall of Justice. They were due to present their arguments to the 16-judge panel later Monday.

Monday's hearing was focused on Cambodia's request for the court to issue an emergency order to Thailand to withdraw its troops from the disputed region. The court could make a decision on the request within weeks, but will likely take years to settle the underlying border dispute.

Tensions along the border have been exacerbated in recent months in part by pressure from influential Thai nationalist groups that have protested in Bangkok, urging the government to take back disputed border territory. Hardcore nationalists insist a 1962 World Court ruling awarding the Preah Vihear temple to Cambodia was unfair.

Bas Czerwinski, Associated Press 

Cambodia's Deputy Prime Minister and Minister of Foreign Affairs Hor Namhong is seen at the International Court of Justice in The Hague, Netherlands, Monday, May 30, 2011.

The flare-up also comes as the Thai military raises its profile in domestic politics ahead of a general election scheduled for July 3.

"Thailand does not merely challenge Cambodia's sovereignty in this region, but is imposing its own interpretation by occupying this zone by murderous armed incursions," Hor Namhong said.

According to its World Heritage listing, the temple dedicated to Shiva "is exceptional for the quality of its architecture, which is adapted to the natural environment and the religious function of the temple, as well as for the exceptional quality of its carved stone ornamentation."

Talks mediated by Indonesia's president in early May between the two countries' prime ministers failed to hammer out a lasting cease-fire.

"The two armies confront one another on a daily basis and new Thai aggression could arise at any moment," Hor Namhong told the judges. "It is time for international law to speak loudly."

By Mike Corder, Associated Press 

Thailand hires 3 foreigners to fight case at ICJ

• Published: 31/05/2011 at 12:00 AM
• Newspaper section: News

Thailand has hired three foreign legal advisers to help fight an International Court of Justice case filed by Cambodia.  The three attorneys are from Australia, Canada, and France. Considering the importance of the case, the Bangkok Post is providing an introduction to the lawyers.

Crawford: One of the top UK barristers

Prof James Crawford
Australia national

Mr Crawford is a professor of international law at the University of Cambridge, the United Kingdom. He is one of England's top international barristers and has worked on cases in several international courts, including the ICJ.

He represented Malaysia in a dispute with Singapore over the sovereignty of Pulau Batu Puteh island and in another dispute with Indonesia over the Ligitan-Sipadan islands.

McRae: Teaches law at Ottawa University

Prof Donald M. McRae
Canada/New Zealand national

Mr McRae currently holds the Hyman Soloway Chair in Business and Trade Law and teaches international law at the University of Ottawa.

Mr McRae has been a member of the Permanent Court of Arbitration since 1988. He was elected to the United Nations' International Law Commission in 2006.

He was a counsel for Canada during an arbitration with France over the St Pierre and Miquelon maritime boundary dispute in l991 and 1992, was a legal adviser to New Zealand on maritime boundary issues from 2000 to 2005, and counsel to Suriname in a dispute with Guyana in 2006. 

Pellet: French expert on international law

Prof Alain Pellet
French national

Mr Pellet is an international law professor at Universite' Paris Ouest-Nanterre-La De'fense.

He is one of the most distinguished French experts on international law and has made a name for himself as the representative of several countries before the ICJ in the Hague.

He is one of the most active lawyers practising before the ICJ.

In addition, he serves in an advisory capacity to international organisations on issues concerning administration and international legislation. He has been a member of the UN's International Law Commission since 1990. He was the commission's chairman in 1997.

 

Thai Soldiers Fire Machine Guns, Throw Grenades into Cambodia

PREAH VIHEAR, CAMBODIA, FEB 16, 2011-Thai armies on Tuesday night fired at Cambodian troops at Preah Vihear border despite the UN Security Council insisted the two neighboring practice permanent cease fire at the conflict border.

A military source at Preah Vihear temple of Cambodia confirmed that hundreds of grenades and artillery were fired and threw into Cambodia territory, starting from 6:52pm, on Tuesday evening to 5:00am on Wednesday morning around Phnom Troab, near Preah Vihear temple

The source added that Cambodian soldiers remained calm, citing that they would fight back if Thai soldier across to Cambodia’s.

The official also told Deum Ampil Media Center that around 8:00pm on February 15th, Thai military commander telephoned Cambodian army commanders and accused Cambodia soldier moving under a barb fences into their territory.

However, Cambodia soldier has rejected, adding that they stood only in Cambodian territory.

The action of Thai soldiers are violating UNSC’s declaration because Thai soldier wanted Cambodian soldiers to reduce patience and fight back but Cambodians did not.

Cambodians, Thais point fingers over cross-border fight

Each side accused the other of starting the latest shelling. The dispute involves the location of a temple.

February 6, 2011

By SETH MYDANS

New York Times

Cambodian Prime Minister Hun Sen asked the U.N. Security Council on Sunday to convene an urgent meeting to "stop Thailand's aggression" after a third day of cross-border shelling by both sides.

The Cambodian government said the shelling had damaged part of an 11th-century Hindu temple that is claimed by both nations and has been the focus of tension and periodic military clashes since 2008.

Each side accused the other of starting the latest fighting, which has claimed at least two lives and caused a number of injuries since it broke out Friday. No deaths were reported Sunday, but both sides said there were some injuries.

"Cambodians always open fire first," said Thai Army spokesman Col. Sansern Keowkamnderd. "We will cease fire when the Cambodians stop firing at us."

The Cambodian government also said Thai military aircraft had flown near the border, an escalation of previous encounters, but Sansern denied the report.

It was not clear how seriously the temple, Preah Vihear, had been damaged. A UNESCO World Heritage site, the temple was slightly damaged by shelling in the last serious clash a year ago.

"A wing of our Preah Vihear temple has collapsed as a direct result of the Thai artillery bombardment," a Cambodian military commander was quoted as saying in a press statement.

The statement also quoted the unidentified commander as saying the Thai side had used "gas shells" as it fired artillery rounds at Cambodian soldiers, but it did not elaborate.

The dispute involves conflicting century-old maps and a ruling in 1962 by the International Court of Justice awarding the temple to Cambodia. New tensions were set off in July 2008 when UNESCO named the temple a World Heritage site and also placed it inside Cambodia.

Tensions along the border have become entwined in Thailand's political disputes, with the faction known as the yellow shirts accusing the government of failing to defend Thai sovereignty. The issue has become a rallying cry in recent weeks for the yellow shirts, who have begun a new sit-in near the prime minister's office, where they staged a blockade for more than six months in 2008.

Bora Touch counters the Thai Foreign Ministry's statement on border dispute

By Bora Touch
Lawyer at the Supreme Court of State of New South Wales, Australia
Member of the Cambodian Bar Association
A founder and Board director of the Legal Aid of Cambodia

Below is my response to: "Thailand's Foreign Ministry statement concerning the Cambodian flag over Keo Sikha Kiri Svara Pagoda" published by The Nations, February 1, 2011. My comments begin with "Bora Touch" and the Thai Foreign Ministry's statement begins with "Thai FM"

Thai FM: The Foreign Ministry's statement concerning the Cambodian flag over Keo Sikha Kiri Svara Pagoda:

"With reference to the declaration of the Ministry of Foreign Affairs and international cooperation of the Kingdom of Cambodia dated January 28, 2011 regarding the issue of the flag of the Kingdom of Cambodia that is flying over the "Keo Sikha Kiri Svara" Pagoda, the Ministry of Foreign Affairs of the Kingdom of Thailand wishes to state the following:

1. According to the Memorandum of Understanding between the Government of the Kingdom of Thailand and the Government of the Kingdom of Cambodia on the Survey and Demarcation of Land Boundary of 2000, the 1904 and 1907 Treaties and "other documents relating to the application" of both treaties are the relevant legal documents to determine the boundary line. Thailand therefore does not accept the assertion by Cambodia that the 1:200,000 map is the basis for determining the boundary.

BORA TOUCH: The International Court of Justice (ICJ) in 1962 ruled that the 1:200,000 map, or the Dangrek Section or Annex I Map as known in the ICJ proceeding, (and all of the 1:200,000 maps) is valid and forms part of the 1904 and 1907 Siam - France (Cambodia) delimitation treaties. The Memorandum of Understanding on the Survey and Demarcation of Land Boundary of 2000 stipulates:

Article 1: The survey and demarcation of the land boundary between the Kingdom of Cambodia and the Kingdom of Thailand shall be jointly conducted in accordance with the following documents:

a) ... The Convention between France [Cambodia] and Siam [Thailand] modifying the stipulations of the Treaty of 3 October 1893, regarding the Territorial Boundaries and Other Arrangements, signed at Paris, 13 February 1904.

b) ... The Treaty between the His Majesty the King of Siam and the President of the Republic of France, singed at Bangkok, 23 March 1907 ... and the Protocol Concerning the Delimitation of Boundaries and Annexed to the Treaty of 23 march 1907; and

c) Maps which are the results of the demarcation works of the Commissions of the Delimitation of the Boundary of the Indochina [Cambodia] and Siam ... set up under the Covnention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand] and other documents relating to the application of the Convention of 1904 and the Treaty of 1907 between France[Cambodia] and Siam [Thaiand].

The Terms of Reference and Master Plan for the Joint Survey and Demarcation of Land Boundary between Cambodia and Thailand (TOR) of 23 March 2003 stipulates:

1.1.3. Maps which are the results of the Demarcation Works of the Commissions of Delimitation of boundary between Indochina [Cambodia] and Siam [Thailand].. sep up under the Convention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand] (theferafter referred to as "the maps of 1:200,000") and other documents relating to the application of the Convention of 1904 and the Treaty of 1907 between France [Cambodia] and Siam [Thailand].

Paragraph 10 of the Terms of Reference emphasises:

"This TOR is without prejudice to the legal value of the previous agreements between France and Siam concerning the delimitation of boundary, nor to the value of the Maps of the Commissions of the Delimitation of Boundary between Indochina [Cambodia] and Siam [Thailand] set up under the Convention of 13 February 1904 and the Treaty of 23 March 1907, reflecting the boundary line of Indochina and Siam"

Clearly the maps referred to are the 1:200,000 map(s) which, as mentioned above, the ICJ in 1962 ruled to be valid and forms part of the 1904 (and 1907) treaties. Thailand is therefore not in a position to assert that the 1:200,000 maps (one of which is known as Dangrek Section or Annex I map in which the PreahVihear Temple is situated) are not valid. There is no legal basis for such an assertion and to make such an assertion would amount to saying that, in contravention of the UN Charter, Thailand does not accept and will not enforce the Judgment of the ICJ.

Thai FM: 2. Cambodia also admitted in the aforementioned declaration that the decision of the International Court of Justice (ICJ) of 1962 did not rule on the question of the boundary line between Thailand and Cambodia.

Bora Touch: Contrary to Thailand's assertion, in 1962 the ICJ ruled unambiguously that the 1:200,000 maps (the Dangrek Section or Annex I Map included) is valid and is a part of the 1904 and 1907 treaties. Since the ICJ accepted and ruled that the map(s), which is the result of the boundary demarcation of the French-Siamese Joint Commissions, is valid and a part the treaties, the ICJ decided that it was unnecessary to rule on the question of boundary because the matter was decided (the map was ruled to be valid). The question did not need an answer as it was determined by the map(s). As scholar Kieth Highet (1987) pointed out: "the Court held that since the location indicated in the map had been accepted, it was unncessary to examine the physical location of boundary as derived from the terms of the Treaty". The ICJ did rule on the boundary question by ruling that map was valid.

Thai FM: 3. Thailand maintains that the "Keo Sikha Kiri Svara" Pagoda is situated on Thai territory, and demands that Cambodia remove both the pagoda and the Cambodian flag flying over the pagoda. This is a reiteration of the many protests that Thailand has submitted to Cambodia regarding the activities carried out in the pagoda and the surrounding area, all of which constitute violations of sovereignty and territorial integrity of the Kingdom of Thailand.

Bora Touch: According to the 1:200,000 map (or the Dangkrek Section or Annex I map), the Preah Vihear Temple and the 4.6 sq km parcel of land undisputedly are inside Cambodian territory. Thailand and Cambodia agree that the "Keo Sikha Kiri Svara" Pagoda is situated in the 4.6 sqkm parcel of land.

Thai FM: 4. The Ministry reaffirms Thailand's commitment to resolving all boundary issues with Cambodia in accordance with international law through peaceful means under the framework of the Thai-Cambodian Joint Commission on Demarcation for Land Boundary (JBC). The determination of the boundary line in the area of the Temple of Phra Viharn [Preah Vihear Temple] is still subject to ongoing negotiation under the framework of the JBC."

Bora Touch: It is misleading for Thailand to say it applies international law in this regard. It obviously failed to perform the obligations as stipulated under the ICJ Judgment of 1962. It thus has violated article 94(1) of the UN Charter/. Cambodia complains to the UN Security Council for appropriate measures against Thailand: Art 94(2).

ឆាក​ប្រយុទ្ធលើកនេះ​គឺជាវិញ្ញាសា​ចុងក្រោយ​សម្រាប់​កម្ពុជា​

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Tensions Erupt on Thai-Cambodian Border

Dramatic footage from the front lines of battle that broke out along the Thai and Cambodian border.

Cambodian soldiers launched rocket-propelled grenades and artillery toward the Thais, and received a hailstorm of bullets in return.

Artillery shells fell on houses of an evacuated village on the Thai side, as residents scrambled to the safety of bomb shelters.

Fighting has been on and off for two days bringing the casualties to four – two Cambodian soldiers and one Thai soldier, as well as a Thai villager.

At the center of the dispute – the grounds surrounding a 900-year-old Hindu temple, which both sides claim is theirs. The temple sits on land awarded to Cambodia by an international court and is now a UNESCO World Heritage site.

Thailand is unhappy with Cambodia's claim to the temple and the feud has become a wedge issue in both Thai and Cambodian politics.

Thai "yellow shirt" supporters called for the government to take stronger action against Cambodia.

While in Cambodia, people said their country should not let Thailand off so easily.

[Prum Sothea, Cambodian National]:  "Whenever they enter our land we must fight to stop them from being so aggressive. If we are quiet then they think that we do not have enough ammunition to fight them, but now we have plenty of ammunition."

Leaders from both countries met Friday for talks on a host of border issues, although no disputes were resolved.

Photos from casualties from armed clashes between Cambodian Thai troops

(All photos: CEN)

Click on Picture on the left to read.

By Khmerization
Source: CEN

Cambodian Foreign Ministry has issued a statement (pictured) claiming that Thai shells, fired during a three-hour armed clashes with Cambodian troops at 3 p.m Friday yesterday, had caused significant damages to the world heritage-listed Preah Vihear temple and also caused the deaths and injuries to 10 Cambodian soldiers.

The statement said that Thai troops had entered deep into Cambodian territories in 3 spots to attack Cambodian troops, namely in Khmum area (Sombok Khmum), which is located about 500 metres from the staircase of Preah Vihear temple, Veal Entry, which is situated 1,12o metres inside Cambodian territory and Phnom Trop, which is situated 1,600 metres inside Cambodian.

The statement had also accused Thai troops of firing many 130 milimetres and 155 milimetres artillery shells as deep as 20 kilometres inside Cambodian territory.

It said that Cambodian troops have no choice, but to use self-defence rights to protect Cambodian sovereignty and territorial integrity.

Latest: One Cambodian soldier killed and 5 wounded, 7 Thai soldiers killed and many wounded in clashes near Preah Vihear temple

BM-21 rockets test fired in Kampong Chhnang on 4th March, 2010.

By Khmerization
Source: CEN

Latest report of casualties from armed clashes between Cambodian Thai troops at 3 p.m today has resulted in one Cambodian soldier killed and 5 wounded, one rock roller and an excavator had been destroyed.

Cambodian military sources said that Cambodian troops had fired 20 baskets of M-21 rockets. The same sources said that it is believed that 7 Thai soldiers, 4 at Phnom Trop battlefield and 3 at Sombok Khmum/Red House battlefield, had been killed as well as many more were wounded.

At the time of this article going to press, the flames are still burning from the Thai Red House used as a command base which was hit by Cambodian artillery shells. The fighting started at 3:10 p.m and stopped at 5:48 p.m Cambodian time.

The fighting stopped when the Thai side requested for a negotiation and Prime Minister Hun Sen gave permission the defence ministers of both countries to talk at the request of the Thai side.

​តុល្យការ​បណ្តោះអាសន្ន​ចុង​ក្រោយ​នៅ​ល្ងាច​ថ្ងៃ​ទី​៤​កុម្ភៈ​ដែល​ទទួលបាន​ ពី​ប្រភព​យោធា​ឱ្យដឹងថា មាន​ទាហាន​កម្ពុជា​ម្នាក់​បាន​ស្លាប់ និង​៥​នាក់​រងរបួស​។ ក្រៅពីនោះ ក៏​មាន​ឆេះ​រ៉​ឡូ​កិន​ថ្ម មួយគ្រឿង និង​អេស្កាវ៉ាទ័រ​មួយ​គ្រឿង​របស់​កង​វិស្វកម្ម​ដែល​ធ្វើ​ផ្លូវ​ទៅ​កាន់​ ប្រាសាទ​ព្រះវិហារ​។

កម្ពុជា​បាន​ប្រើប្រាស់​អាវុធ​ធុន​ធ្ងន់ ប្រភេទ​កាំជ្រួច​ប្រតិកម្ម BM 21 អស់​២០​កញ្ច្រែង​។ ប្រភព​ដដែល​ឱ្យដឹងថា ទាហាន​ថៃ​ត្រូវ​គេ​ជឿ​ថា​ស្លាប់​៧​នាក់​ក្នុងនោះ​៤​នាក់​នៅ​ភ្នំ​ទ្រព្យ​និង ​៣​នាក់​នៅ​ក្បែរ​ផ្ទះ​ក្រហម និង​រងរបួស​មួយចំនួនទៀត​។
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​មកទល់​នឹង​ ម៉ោង​នេះ គេ​នៅ​ឃើញ​មាន​ភ្លើង​ឆេះ​នៅក្បែរ​ផ្ទះ​ក្រហម​របស់​ថៃ​នៅឡើយ​។ អាវុធ បានចាប់ផ្តើម​ផ្ទុះ​នៅវេលា​ម៉ោង​៣​និង​១០​នាទី និង​ស្ងាត់​ទៅ​វិញ​នៅ​ម៉ោង​៥និង​៤៨​នាទី​។ ការ​ស្ងប់ស្ងាត់​បណ្តាលមកពី​ភាគី​ថៃ​ បាន​ស្នើសុំ​ចរចា ​ហើយ​សម្តចនាយក​រដ្ឋមន្ត្រី​ហ៊ុន សែន​ បាន​យល់ព្រម​ឱ្យ​រដ្ឋមន្ត្រី​ការពារជាតិ​ទាំង​ពីរ​ជួបចរចា​គ្នា​តាម​ សំណើររបស់​ថៃ ៕

Tensions on the borders as Thailand and Cambodia reinforced troops

Hundreds of Cambodian tanks were seen being trucked out of their bases in Longvek town heading toward the Khmer-Thai borders.

By Khmerization
Sources: Koh Santepheap, everyday.com.kh and Kampuchea Thmey

Cambodian military sources said that tensions along the Khmer-Thai border in Preah Vihear and Oddar Meanchey provinces have heightened after Thailand reinforced troops and conducted military exercises in the areas.

The sources said that Thai troops had conducted military drills by firing live ammunition about 3 kilometres from the contentious Ta Krabey temple in Oddar Meanchey province on the morning of Friday, 28th January.

At the same time, there are reports that about 100 Thai troops have sneaked in to occupy the nearby Ta Moan Thom temple at around 7-8 p.m on Thursday night. They only withdrew from the temple at 2 p.m the next day when confronted by Cambodian troops.

In Preah Vihear province near Preah Vihear temple, there are also reports of tensions after the Thai Army reinforced their troops and conducted military drills in the areas when Cambodia refused a Thai demand to remove the Cambodian flag from the compound of Wat Keo Sekha Kirisvarak pagoda. Cambodian military sources said that on Thursday night, the Thai Army had trucked in about 8 to 9 truckloads of troops to the area and threatened to dismantle the pagoda gate and pulled down the Cambodian flag by force.

In response to the Thai threats, top Cambodian military commanders had been ordered by Prime Minister Hun Sen to move their command bases to the Khmer-Thai border areas, including Deputy Commander-in-Chief Chea dara, Deputy Commander-in-Chief Kun Kim, Gen. Srey Doek, Commander of Preah Vihear Intervention Forces, Gen. Kheng Somedh, Commander of Engineering Unit as well both Mr. Hun Sen's sons, Maj-Gen. Hun Manet, Deputy Commander of Royal Cambodian Army and Hun Manith.

At the same time, Mr. Hun Sen had ordered the Defence Ministry to reinforce border defence and to send thousands of troops and tanks to the areas.

On the morning of Friday 28th January, hundreds of tanks and armoured personnel carriers had been seen trucked out of their bases at Longvek town in Pursat province, heading toward the Khmer-Thai borders. Gen. Chea Dara cannot be reached for comments regarding the troop mobilisations. Gen. Srey Doek, when reached by telephone, refused to comment by directing all questions to 4-star Gen. Kun Kim who then said that he is on a plane and could not comment.

However, Maj-Gen. Reth Sitha, Deputy General Staff of Mr. Hun Sen's Bodyguard Unit and Commander of the Tank Unit, said that Prime Minister Hun Sen and Deputy Commander-in-Chief Gen. Hing Bunheang had ordered the transportation of tanks to the border areas in Preah Vihear province. And Lt-Gen. Chao Phirun, Director of Technical Material and Logistics at the Ministry of Defence, said that Prime Minister Hun Sen and the Cambodian commander-in-chief (Pol Saroeun) had ordered him to mobilise tanks and armoured personnel carriers to defend the Preah Vihear areas against any Thai invasion. He added that the Cambodian Army was well equipped with armoured personnel carriers, tanks, anti-aircraft missiles and multiple rocket launchers, which he said some of them had already reached the border areas on Friday.

Source: Khmerization

Prime Minister Abhist Vejjajiva admits to sending Panich to border

Abhisit talks to the press.

4th January, 2011
Bangkok Post

Prime Minister Abhist Vejjajiva on Tuesday morning admitted he sent Panich Vikitsreth to the Thai-Cambodian border where the Democrat MP was arrested along with six other Thais.

Mr Abhisit said this before chairing the cabinet meeting to discuss ways of helping the Thais. He said details would be given to the press after the meeting.

The Democrat Party would also hold a meeting this afternoon to discuss this matter. Some of Bangkok MPs had expressed their wish to go to Cambodia to visit Mr Panich at the Prey Sar prison, he said.

Deputy Prime Minister Suthep Thaugsuban said the Thai side must exercise a lot of patience and adhere mainly to negotiations.


He hoped Cambodian Prime Minister Hun Sen would think about friendship and relations between the two countries.

The leaders of Thailand and Cambodia had been in contact, he said.

Mr Suthep, who is also secretary-general of the Democrat Party, said what happened was not a political game, and expressed concern over the Thai Patriots Network's plan to stage a rally in Sa Kaeo province today saying it could further escalate the situation.

He believed the problem would be solved through negotiations with Cambodia without requiring an Asean country to mediate.

The problem should be solved before Cambodian Deputy Prime Minister Sok An's planned visit to Thailand.

On an offer help by Noppadon Pattama, a close aide of former prime minister Thaksin Shinawatra, Mr Suthep said that was welcomed.

The deputy prime minister also denied a claim by a core member of the Thai Patriots Network that Defence Minister Prawit Wongsuwon told Cambodia to arrest the Thais, warning that a rumour could further complicate the matter.

Panitan Wattanayagorn, PM's deputy secretary-general and acting government spokesman, said he wanted more information on Mr Panich's video clip which has been released on YouTube before commenting on it.

The government was also waiting to see what action the Cambodian court would take regarding the seven Thais, he said.

He said Mr Abhisit did not yet have a plan to travel to Cambodia.

Cambodian Newspaper Claims Thailand is Planning Protest at Preah Vihear Temple

A Cambodian newspaper has claimed that Thailand is recruiting about 5,000 people to conduct a protest at Preah Vihear Temple on the 2nd-year anniversary of the temple's application to be one of UNESCO's World Heritage sites.

It has been reported by Kampuchea Thmey, a Cambodian newspaper, that Thailand is recruiting about 5,000 people to conduct a protest at Preah Vihear Temple.

According to the newspaper, the source of the report was a commanding officer within the Thai armed forces.

As a result, the Cambodian military has stepped up security along the border.

It should be noted that the story was circulated the day before the 2nd-year anniversary of the Cambodian government's attempt to register the disputed temple as one of UNESCO's World Heritage sites.

General Jia Dara, a Cambodian commander responsible for security at the Preah Vihear Temple area, said in an interview that he has issued a warning to the Thai government that Cambodia will not allow any type of provocation, and its armed forces have been ordered to protect its sovereignty at all costs.

At the same time, Brigadier General Yim Pim, a Cambodian army commander, has boasted that the armed forces are fully capable of repelling any invasion.

Cambodia is planning a celebration of the 2nd-anniversary of the temple's UNESCO World Heritage registration on July 15th. 

Sources: Thai ASEAN News Network

5,000 Thais plan to march to Preah Vihear temple

By Khmerization
Source: Kampuchea Thmey

Thai military commanders have informed Cambodian military commanders that 5,000 Thais are planning to march to Preah Vihear temple on the 2nd anniversary of the inscription of the temple as a world heritage site, reports Kampuchea Thmey.

Preah Vihear, which was awarded to Cambodia by the International Court of Justice in 1962, was inscribed by Unesco as a world heritage site on 7th July 2008. A week later, hundreds of Thai troops invaded the surrounding areas and have stayed in the area ever since.

Gen. Chea Dara (pictured), Cambodian Deputy Commander-in-Chief and Chief of Operations of the Preah Vihear Command, told Kampuchea Thmey that he had warned the Thai side to contain the protesters on the Thai side of the border, saying that the Cambodian side will not tolerate any protesters who crossed on to the Cambodian side of the border. He said he had ordered all his commanders to do what it takes to defend Cambodian sovereignty and territorial integrity.

Mr. Yim Pim, commander of Division 3 in the area, said, this time, his troops are ready to defend Cambodian territory with weapons, not riot gears. He warned that if Thai protesters crossed into Cambodian territory, armed clashes are unavoidable.

Cambodia plans to celebrate the 2nd anniversary of the Preah Vihear inscription as a world heritage site tommorrow, the 7th of July. And the Cambodian civil society, notably Cambodian Watchdog Council led by the firebrand Rong Chhun, also plan to hold rallies across the capital on 15th July to condemn the Thai invasion of Preah Vihear.

Do We Have Pride to Be Born As Khmer?

Meas Srey Has Pride to be Born as Khmer

Monday, June 21, 2010
Op-Ed by Khmer Borann

When you are visiting Preah Vihear temple, you will see a big billboard with the writing in Khmer and English ‘We have Pride to Be Born as Khmer’. It is not known who planted this billboard near Preah Vihear temple. But the locals in the area said the Khmer authority has planted the billboard. Regardless of who planted it, the billboard is a mean to remind all Khmers that we are a nation that has dignity and pride and we have to love and protect Khmer land.

The slogan ‘We have Pride to Be Born as Khmer’ is a very good patriotic reminder for Khmers. This slogan is also coincident the provisions in the Constitution of the Kingdom of Cambodia, like Article 49 which says: All Khmer citizens shall have the duty to take part in the national reconstruction and to defend the homeland. To have pride to be born as Khmer means to have pride to love Khmer land and to protect Khmer land.

Do Meas Srey and Prom Chea, Khmer farmers in Svay Rieng who are being imprisioned by Hun Sen court for protecting Khmer land from Yuon encroachment, have pride to be born as Khmer? I think, of course, Mrs. Meas Srey and Mr. Prom Chea have pride to be born as Khmer and that’s why they risk their lives to protect their rice fields which are located on Khmer land. I think other Khmers also have pride to be born as Khmer such as Khmer soldiers who fight against Thai aggression on the Khmer-Thai border.

How about the Cambodian officials who jail Mrs. Meas Srey and Mr. Prom Chea? Do they have the pride to be born as Khmer? If they have pride to be born as Khmer, why they imprison Khmers who dare to protect Khmer land? What Hun Sen government is doing to Khmers people regarding the defending national border is just a mockery to the slogan ‘We have Pride to Be Born as Khmer’.

Do you have pride to be born as Khmer when Khmer leaders jail their people because they protect Khmer land?

Khmer Borann
Phnom Penh

Thai troops ask Cambodian authority to take down a Cambodian flag and a temple gate at Preah Vihear's Wat Keo Sekha Kirisvarak pagoda

Pictures of the old temple gate (L) and the new temple gate (R).

By Khmerization
Source: Koh Santepheap

Thai Border Relations Committee has written a letter to Cambodian authority protesting against the construction of a new temple gate and the flying of Cambodian flag at Preah Vihear's Wat Sekha Kirisvarak pagoda, saying that the action violate the 2000 Memorandum of Understanding between the two countries, report Koh Santepheap.

The protests happened after temple authority raised a Cambodian flag and built a new temple gate at the old site to replace the old one which is too old. However, the Cambodian authority refused to take down the new gate or the flag, saying that the old temple gate was built inside Cambodian territory since 1998, 2 years before the MoU was signed.

In another development, a few weeks ago Thai troops have also asked Cambodian troops to stop constructing a statue of Ta Om, an ancient Cambodian military commander who heroically defeated Thai troops along the border, at An Sess Border Pass.

On 17th June, a Thai commander named Ler Phoung, commander of Regiment 2302, met Cambodian commanders at An Sess for one and a half hour by telling the Cambodian side to discontinue building Ta Om's statue. The report said that Cambodian commanders rejected the Thai commander's request, saying that the statue is being built inside Khmer territory and therefore it could not have been in violation of the 2000 MoU..

Cambodia-Thailand Boundary: A must-read document by the US Dept. of State

http://www.law.fsu.edu/library/collection/LimitsinSeas/IBS040.pdf

Please click here to read document in PDF

Posted by Heng Soy at KI-Media