By Supalak Ganjanakhundee
The Nation, Agencies
Cambodia yesterday began its legal battle in the International Court of Justice over the Preah Vihear Temple by accusing Thailand of deadly intrusions into its territory and requesting temporary measures for Thai troops to withdraw.
“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,” Cambodian Foreign Minister Hor Namhong told the court.
Hor Namhong testified that his country was requesting that the ICJ clarify its 1962 judgement on the Preah Vihear ownership case, as the two sides had failed to interpret the ruling jointly and this had led to armed conflict between the two neighbours.
Thailand is basing its recent military action on an interpretation of the 1962 judgement that is “both erroneous and unacceptable”, he said.
Thailand is using its reading of the ruling “to provide legal cover for armed incursions into Cambodian territory”.
Major military clashes around the ancient Hindu temple in February caused the deaths of eight people including civilians on both sides.
The ICJ yesterday and today is holding oral hearings on Cambodia’s request for provisional measures to ban Thai military activities and any act that could be regarded as interference in Cambodian sovereignty.
The request and hearing are the result of Cambodia’s application for an interpretation of the 1962 ruling.
The Thai defence team led by Ambassador to The Hague Virachai Plasai argued that the ICJ had no authority to rule on this case since a border dispute did not fall under its jurisdiction, said Chavanond Intarakomalya-sut, secretary to Thailand’s foreign minister. Thailand has already complied with the ICJ’s 1962 ruling and has nothing more to do with the case, he said.
“Basically, the Cambodian oral testimony has nothing new, and we believe that our argument is solid enough to convince the court,” Chavanond said in a phone interview from The Hague.
The Foreign Ministry expects the court to deliver its concurrence on the provisional measures within three weeks after the oral hearing, he said.
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