Monday, February 14, 2011

Much more can be gained with a third party’s help

14/02/2011
By Pichai Chuensuksawadi
Bangkok Post

Following the border clashes with Cambodia which erupted two weeks ago and ensuing attempts to reach a peaceful resolution, Thailand now finds itself playing on two diplomatic chessboards. Later tonight (Monday night, Bangkok time) we will know the results of the first face-off between Foreign Minister Kasit Piromya and his Cambodian counterpart Hor Namhong as they present their cases to the United Nations Security Council.

The Asean chair, Indonesian Foreign Minister Marty Natalegawa, will also be there, playing a pivotal role in game one, as well as game two – the “urgent” meeting of Asean foreign ministers on Feb 22 in Jakarta, aimed at facilitating a resolution.

In New York today, the UNSC will hear two key messages – apart from statements from both sides that “they shot first”. Thailand will state that the Cambodian attacks indiscriminately damaged civilian property and killed one civilian while Cambodian troops used Preah Vihear temple and its immediate surroundings as a military base to fire into Thai troops and civilians and as shelter, which exposed the temple to grave danger and destruction. Cambodia, on the other hand, will insist that “this is a war” that cannot be resolved bilaterally but that a resolution can be achieved with the presence of a third party.

Like it or not, Cambodia has managed to internationalise the dispute. From an Asean perspective, Phnom Penh can cite Article 28 of the Asean Charter which allows it to seek “the right of recourse to modes of peaceful settlement” contained in Article 33 of the United Nations Charter. Under this UN article, the UNSC shall call on the parties to first settle their dispute and seek a solution “by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice”. The Security Council has already called on Thailand and Cambodia to resolve their differences through these means.
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