ICJ ruling due today on Preah Vihear

July 18, 2011
The Nation

Decision due on troops near temple; Si Sa Ket villagers fearful over verdict

The International Court of Justice will deliver its decision today on Cambodia’s request for a temporary injunction against Thai troops occupying the disputed area around Preah Vihear Temple amid fears by Si Sa Ket border residents of further fighting.

Virachai Plasai, Thai ambassador to The Hague and Thai agent to the court, said yesterday he was confident “the case would prove the ICJ’s justice again“.

The high court ruled back in 1962 that the Hindu temple was located in an area under Cambodian sovereignty.

Thailand accepted the outcome but claimed the soil on which the temple is sitting belongs to Thailand.

On April 28, Cambodia sought a clarification from the court on the scope and meaning of the 1962 ruling giving control of the temple to Cambodia.

Phnom Penh also asked the high court, pending its interpretation of the 1962 ruling, to order the withdrawal of Thai military personnel, plus a ban on Thai military activities in the disputed area and to prohib any act that could violate Cambodia’s right over the territory.

Outgoing Foreign Minister Kasit Piromya and his Cambodian counterpart Hor Namhong, who is the Cambodian agent to the court, will attend the reading at the Peace Palace in The Hague, where the court sits, at 10am local time (3pm Bangkok time).

Virachai said the court’s response could take one of three forms.

The court might reject Cambodia’s request and remove the case from the court’s general list.

Or, the court might order Thailand to withdraw its forces from the disputed area, as requested by Cambodia.

Or, the court might order both sides to comply with a new measure to reduce confrontation.

“Rejecting Cambodia’s request is the best way for Thailand,” Virachai said.

The Thai legal team tried its best to defend Thailand’s stance when oral arguments were heard on May 30-31, as it had prepared for years to face the court battle with Cambodia, he said.

“We did our best under the framework of the previous ruling, which was not made in favour of Thailand,” he said.

Villagers in Ban Phumsrol, which is next to the temple, said they were worried the court would back Cambodia rather than Thailand.

“I don’t know what to do if the court orders Thailand to withdraw troops from the area,” Thongkham Kantarawong said. “I don’t know if Cambodian troops will move in if Thai soldiers leave the area,” he said.

“I don’t know how the new government will handle the case if the court really orders the troop withdrawal,” he said.

“We all know and accept that the temple belongs to Cambodia, so let it go, but the government should protect our territory,” he said.

Veerasit Koksri said if the court ruled as Cambodia requested, the government should rush to solve the problem.

“Otherwise, people living along the border could be in trouble,” he said.

Locals had prepared well for any unexpected developments after the court’s verdict on the injunction, he said.