About the existing tensions between Cambodia and Thailand

About the existing tensions between Cambodia and Thailand
By Raoul Marc Jennar, Doctor in Khmer studies

25-07-2008
Cambodia Ka-set

Dr. Raoul Marc Jennar reviews the list of agreements, treaties and other conventions signed in the last century. According to him, they confirm the sovereignty of Cambodia over the area of Preah Vihear which is now disputed by Thailand.
Thailand has been going through deep political turmoil for several years. It included a military coup in September 2006 and more recently mass demonstrations against the civilian government that took over from the military in power. But history shows that nationalism can be usefully resorted to when a country is deeply divided and Thailand has done just that.


An old wound was reopened after UNESCO listed as a World Heritage Site the Cambodian temple of Preah Vihear, located on the edge of the frontier with Thailand, in the Dangrek Mountains. Thai politicians across the board but also the government highest authorities jumped at the chance to stir up nationalist passions.


As detailed below, the frontier between Thailand and Cambodia was never really accepted by the Thai royal family, military or politicians. Thailand kept taking advantage of any opportunity offered by the domestic situation in Cambodia to dispute this border and even violate it. In the 1980s, I personally witnessed Thai tanks patrolling within the Cambodian territory, north of the town of Aranyaprathet. During the United Nations mission in Cambodia, UN peacekeepers observed more than once that border markers were moved further into the Cambodian territory by Thai military units. Today, the Bangkok press and Thai demonstrations include nationalist and irredentist claims. Some even demand the return of three Cambodian provinces, among which Siem Reap, home of the Angkor temples.

The international press has shown hostility to Cambodia almost systematically. This makes a factual reminder imperative in light of the partial and biased information that has been disseminated. It is especially true at a time when the UN Security Council is prevented from fulfilling its role and carrying out a much-needed preventive diplomacy, due to the efforts of the United States, Thailand's eternal ally and its accomplice in its attempts to weaken Cambodia. Meanwhile, thousands of soldiers are facing one another.


Historical reminder
- In 1904, France, then protecting power for Cambodia, signed with Siam a Convention to reach a final determination of the Cambodian-Siamese border.

- In 1904, a Franco-Siamese Mixed Commission established by this Convention delineated the border in the Dangrek area and clearly indicated that Preah Vihear temple and its surroundings are located on the Cambodian territory.

- In 1925, France and Siam signed a treaty of friendship. Article 2 stated that “the high contracting parties confirm – and guarantee to each other the mutual respect of – the boundaries delineated between their territories by virtue of and in accordance with the provisions of previous agreements”.

- In 1926, a convention concerning the Mekong confirmed Article 2 of the 1925 treaty.

- In 1937, a new treaty of friendship upheld the 1925 treaty's provisions regarding borders.

- In 1946, following the occupation by then Japan-allied Thailand of three Cambodian provinces, the Franco-Siamese Settlement Agreement restored the 1937 treaty. The Franco-Siamese Conciliation Commission considered that the 1907 treaty provisions regarding the border between Siam and Cambodia must not be revised.

- In 1954, after Cambodia achieved independence, and in violation of signed treaties, Thai armed forces occupied the temple of Preah Vihear and its surrounding area.

- In June 1962, upon Cambodia's request, the International Court of Justice in the Hague issued a ruling confirming Cambodia's sovereignty over the Preah Vihear temple and its surrounding land on the basis of the demarcation of the border which was confirmed by a series of treaties and had never been disputed by Thailand until then. “The Court, therefore, feels bound as a matter of treaty interpretation, to pronounce in favour of the line as mapped in the disputed area” (p.35 of the ruling). The decision also specified that “Thailand is under 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” (p. 37).

- In July 1962, Thailand accepted the ruling of the International Court of Justice and did not appeal in the following ten years during which it was entitled to do so.

- In 2000, Cambodia and Thailand signed a Memorandum of Understanding on the survey and demarcation of land boundaries between the two countries with the view to respect the treaties and conventions signed and the maps drawn up in accordance with these treaties and conventions (Article 1c).

- In 2001, Cambodia officially applied with UNESCO for Preah Vihear temple to be listed as a World Heritage Site.

- On 7 July 2008, the World Heritage Committee unanimously agreed to inscribe the temple on the World Heritage List.

- On 15 July 2008, Thai armed forces violated the integrity of the Cambodian territory in the area of Preah Vihear and therefore violated the treaties and conventions signed and ratified by Thailand.

These are indisputable facts and they are verifiable. They point to the existence of a border between Cambodia and Thailand which demarcation was repeatedly confirmed by Thai authorities during the last century, even though they are now disputing its validity for domestic political reasons. Accordingly, it can be said that Cambodia has exclusive sovereignty over the temple and the surrounding land.

The United States, Thailand's unconditional ally, is imposing its mediation. But under no circumstances can it challenge Cambodia's sovereignty over a territory that was determined by the maps drawn up according to the treaties and conventions signed and ratified by both countries in the last century. The US mediation cannot question the rationale and the ruling of the International Court of Justice. This would amount to a violation of the principle of res judicata – meaning that an adjudicated issue cannot be re-litigated. International order has already been undermined by US actions, but the international community must still respect the rules it has set for themselves.