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Showing posts with label ICJ Ruling. Show all posts
Showing posts with label ICJ Ruling. Show all posts

13 August, 2011

PM: It's a new era for Cambodia, Thailand

Source: UPI
Aug. 12, 2011
BANGKOK, Aug. 12 (UPI) -- Thailand and Cambodia have agreed to discuss troop withdrawals from the area near the Preah Vihear temple, where clashes killed several people.

The agreement to meet is a sign relations between the neighboring countries are improving, the Bangkok Post reported Friday.

Commanders from Thailand's Second Army Region and Cambodia's Division 4 will lead the Regional Border Committee meeting, which is set for Aug. 23-24 in Nakhon Ratchasima province in Thailand.

"I declare a new era of cooperation between [the countries] now that Thailand is ruled by the Pheu Thai Party," Cambodian Prime Minister Hun Sen said.

"What was going on in the last few years, which I considered nightmarish cooperation between the two countries, is now over. Now we have to start negotiations at a bilateral level in order to ease the tensions," Hun Sen said.

Hun Sen urged the two sides to set up a General Border Commission to settle disputes near the ancient temple, where border clashes earlier this year left several people dead.

30 July, 2011

Cambodia Reportedly Pulls Out Troops From Disputed Border Area

Cambodia Reportedly Pulls Out Troops From Disputed Border Area
Bernama
30 July 2011

BANGKOK, July 30 (Bernama) -- Cambodia has reportedly withdrawn some 2,500 troops from an unsettled area bordering Thailand, a move expected to ease tension between the two neighbouring countries, Thai News Agency (TNA) reported.

Updated reports on Saturday said that Cambodian Prime Minister Hun Sen had ordered the troop withdrawal from the contentious border area surrounding the Preah Vihear Temple. Newspapers showed pictures of Cambodian troops and tanks leaving the area.

The withdrawal of the Cambodian troops came almost two weeks after the Hague-based International Court of Justice (ICJ) ordered both Thailand and Cambodian to pull out their troops from the unsettled area pending the World Court's concluded decision on a case earlier filed by Phnom Penh, requesting the UN highest court to provide clarification of its 1962 ruling on the Preah Vihear Temple.

However, according to TNA Phnom Penh reportedly acknowledged later that its troop pull-out from the border area was not aimed to comply with the World Court's order, but to lessen military confrontation in the area, where fatal clashes between Thai and Cambodian troops had erupted over the past few years. .

The Cambodian government said that Cambodian troops have remained inside the Preah Vihear Temple.

Hindus hail Hague Court decision on famed Preah Vihear Shiva Temple

Hindus hail Hague Court decision on famed Preah Vihear Shiva Temple
Daily India, 19 July 2011

From ANI

Nevada (US), July 19: Welcoming the International Court of Justice (ICJ) decision on demilitarizing Preah Vihear Hindu temple on Thailand-Cambodia border, the Hindus have urged international organizations to urgently undertake its restoration work.  

ICJ, the principal judicial organ of the United Nations established in 1945, in its decision at Hague (Netherlands) on July 18, reportedly found out that both Parties (Cambodia and Thailand) 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, to ensure that no irreparable damage was caused. There were skirmishes between both countries in the earlier part of the year reportedly causing damage to this Shiva temple, a UNESCO World Heritage site.

Esteemed Hindu statesman Rajan Zed, in a statement in Nevada (USA) on Monday, said that demilitarization of the temple area would probably avoid the risk of further damage to the ancient Hindu shrine.

Zed, who is the president of Universal Society of Hinduism, stressed that international community, UNESCO (United Nations Educational, Scientific and Cultural Organization), and ASEAN (Association of Southeast Asian Nations) should immediately provide funding and manpower for restoring this Lord Shiva temple back to its original shape. 

These organizations should not shy away to shoulder their responsibility of saving the important heritage of the world and respecting the feelings of Hindus worldwide, he added. 

Besides temple repairs, some infrastructure in the area should also be provided for devotees and other visitors, he said.

Zed pointed out that this landmark age-old and revered Hindu temple complex in Preah Vihear province of Cambodia, about 245 kilometers north of Phnom Penh, was important to Hindu heritage and must be preserved to pass it on to the future generations. Damage and deterioration of 11th century Shiva temple was shocking and hurtful to the Hindu community world over. 

Lord Shiva, one of the major deities in Hinduism forming great triad with Brahma and Vishnu, was focus of worship of the Hindus, and it was important for them that Preah Vihear Hindu Shiva temple be protected and restored. It was moral duty of the world to keep it intact for the coming generations, he added.

Known as Preah Vihear in Cambodia and Khao Phra Viharn in Thailand, this remote temple had been a source of tension for generations. Preah Vihear was said to even predate Cambodia's Angkor Wat temple complex by about 100 years and its stunning setting made it finest of all the ruins left from the mighty Khmer civilization, Zed said. 

He argued that world should not let this sacred site dedicated to Lord Shiva (situated where Preah Vihear province of northern Cambodia touched Sisaket province of eastern Thailand), whose history could be traced to 9th century when the hermitage was founded, be further damaged to advance political agendas of some.

Moreover, the Temple of Preah Vihear, an outstanding masterpiece of Khmer architecture mostly created by Suryavarman I and Suryavarman II, was a unique architectural complex of a series of sanctuaries and was said to be exceptional for the quality of its architecture and carved stone ornamentation. It was reportedly dedicated to the Hindu deity Shiva in his manifestations as Sikharesvara and Bhadresvara. 

It was also said to be marking representation of sacred Mount Meru, the abode of the gods, and showing a depiction of Churning of the Ocean, a Hindu scriptural episode, Zed said.

The Cambodian Government's National Committee for the World Heritage describes Preah Vihear as: The site serves as a sacred place worshipping to the Hindu god Shiva manifesting as Sikharesvara (the Lord of Peak) and his figures are depicted on pediments and lintels.


Copyright Asian News International/DailyIndia.com 
 




 

22 July, 2011

Cambodian PM proposes troop pullout deal with Thailand Reuters

Cambodian PM proposes troop pullout deal with Thailand
Reuters
By Prak Chan Thul
PHNOM PENH | Fri Jul 22, 2011
(Reuters) - Cambodia's prime minister proposed Friday a deal with Thailand to simultaneously withdraw troops from a newly defined demilitarized zone, in compliance with a United Nations court ruling aimed at defusing tensions in a disputed border area.

Hun Sen said Cambodia wanted to respond quickly to Monday's verdict by the International Court of Justice in the Hague, which ordered troops from both countries to pull out of the territory around an 11th century temple to prevent further flare-ups.

Thai and Cambodian forces traded gunfire and shelling at two stretches of the 800 km (500 mile) frontier in February and April, killing a total of 18 people and displacing tens of thousands of villagers.

"Troop withdrawal must be done simultaneously. The ruling requires both sides to withdraw troops, not just Cambodia," Hun Sen said at a rare news conference that lasted two-and-a-half hours.

Indonesia, chairing the Association of South East Asian Nations (ASEAN), agreed in February to send 15 unarmed observers to preserve a ceasefire, but that mission never materialized and Thailand, and in particular its military, has been accused of dragging its feet on the issue.

Sovereignty of large stretches of the Thai-Cambodia border has been disputed since the French withdrew from Cambodia in the 1950s, with the Preah Vihear temple the thorniest subject.

The temple was awarded to Cambodia in a 1962 international court ruling but both nations lay claim to 4.6 sq km (2.5 sq miles) of land around it.

Hun Sen said both sides should cooperate fully with the observers, when deployed, and give details to the ICJ about the number and location of their military personnel. He did not propose a timeframe, but said talks should begin immediately.

Relations between the historic foes have been strained since Thai Prime Minister Abhisit Vejjajiva's government came to power in December 2008 and reversed a previous administration's decision to back Cambodia's listing of Preah Vihear as a UNESCO World Heritage site.

Hun Sen said he was looking forward to working with a new Thai government led by Prime Minister elect Yingluck Shinawatra, the sister of self-exiled former premier Thaksin Shinawatra, an ally of the long-serving Cambodian strongman.

(Editing by Martin Petty and Miral Fahmy)

21 July, 2011

ASEAN hails ICJ’s troop withdrawal verdict

Thursday, 21 July 2011 By NNT

BANGKOK, 20 July 2011 – ASEAN has expressed satisfaction with the ruling of the International Court of Justice (ICJ) to have both Thai and Cambodian troops withdrawn from the disputed border, deeming it as a way to ease tension.

During the 44th ASEAN Foreign Ministers’ Meeting, which is taking place during 19-23 July in Bali, Indonesia, ASEAN Secretary-General Dr Surin Pitsuwan commented on the ICJ’s temporary injunction for the dismissal of soldiers on both sides of the Thai-Cambodian border, saying the order was appropriate as it was fairly directed to both nations. He pointed out that the Court also gave an opportunity for ASEAN to play a role in reducing the border conflict through the deployment of border observers from Indonesia within the demilitarized zone.

Personally, the ASEAN Secretary-General viewed that if Thailand and Cambodia could successfully conclude on the border demarcation issue, the latter might opt to cancel its request for the ICJ’s reinterpretation of its 1962 verdict on the Preah Vihear Temple case. For now, the two countries are recommended to coordinate with each other in order to have a common understanding of the Court’s verdict.
Meanwhile, ASEAN Chair and Indonesian Foreign Minister Marty Natalegawa has expressed his wish to discuss with both Thailand and Cambodia about their directions after the ICJ rulings have been made.

18 July, 2011

UN court draws DMZ for Thai, Cambodia troops Read more: http://www.thenewstribune.com/2011/07/18/1748931/un-court-draws-dmz-for-thai-cambodia.html#ixzz1SRrYcLOT

The AP, 18 July 2011
The U.N.'s highest court has ordered troops from both Thailand and Cambodia to immediately withdraw military forces from disputed areas around a World Heritage temple straddling their border.

The U.N.'s highest court has ordered troops from both Thailand and Cambodia to immediately withdraw military forces from disputed areas around a World Heritage temple straddling their border.

The International Court of Justice was acting on Cambodia's request to order Thai troops out of the area, where at least 20 people have died in clashes since 2008.

But the court went beyond that request and drew a "provisional demilitarized zone" free of military and police from both countries.

It also called Monday on the two nations to allow ASEAN officers into the area to observe a cease-fire.
The court ruled in 1962 that the Preah Vihear temple is in Cambodian territory.

Thailand, Cambodia ordered to withdraw troops

By The Nation
Published on July 18, 2011 

The International Court of Justice Monday voted 9:5 to order both Thailand and Cambodia to withdraw their troops from the disputed plot around Preah Vihear Temple.


Praj Iampongsan, a Nation Channel reporter, reported from Hague that the ICJ would proceed with the case to interpret the 1962 ruling on the Preah Vihear temple. Pending the ruling, both countries are required to pull out their troops from the area.

He said the court rejected Thailand's request to throw out the case.

Should the Thai government decide to comply with the court order and withdraw the troops from the 4.5 disputed area, it would be seen favourable for Cambodia.

Without Thai troops deployed in the disputed area, Cambodia could proceed to develop Preah Vihear as a world heritage site without obstacle.

Military observers expect that the Thai government would never comply with the order or else Thailand could be seen as being the wrong side during the past two years.

Earlier, the second Army area commander declared that he would never withdraw troops from the disputed area as doing so would be tantamount to giving the land to Phnom Penh.

Thai and Cambodian troops ordered to withdraw from temple area

The Telegraph, 18 July 2011

Thailand and Cambodia have been ordered by the UN to immediately withdraw their troops from a disputed area around an ancient temple on the border between the Asian neighbours.

Cambodia in late April launched a bitter legal battle before the ICJ in which it asked for an interpretation of a 1962 ICJ ruling around the 900-year-old Preah Vihear temple.

The court ruled in 1962 that the Preah Vihear temple is in Cambodian territory.
It also asked the court, while judges were pondering the request, to approve provisional measures including an immediate Thai troop withdrawal and a ban on all Thai military activity there.
Although Thailand do not dispute Cambodia's ownership of the temple, secured by the 1962 ruling, both Phnom Penh and Bangkok claim the 1.8-square-mile area surrounding the Khmer complex.
"Both parties should immediately withdraw their military personnel currently present in the provisional demilitarised zone and refrain from any military presence within that zone," said the order, read by International Court of Justice president Judge Hisashi Owada at a sitting in The Hague.

07 July, 2011

The Hague Court to Issue Its Order on Cambodia’s Request on 18 July


By Chea Sophal
Phnom Penh, 7 July 2011:  Based on its 7-July-2011 Press Release, the International Court of Justice (ICJ) will issue its decision on the request for the indication of provisional measures requested by Cambodia in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 on the case of the Temple of Preah Vihear on Monday 18 July 2011 at 10.a.m.

Following the case submission by Cambodia on 28 April 2011 on the Preah Vihear case, two verbal hearings were held from 30 to 31 May 2011 on the request for the indication of provisional measures.  The provisional measures requested by Cambodia include as follows:

            “Having regard to all the written and oral statements presented by Cambodia, and without prejudice to the Court’s interpretation on the merits of the dispute, Cambodia respectfully requests the Court to indicate the following provisional measures, pending the delivery of its judgment:
-        an immediate and unconditional withdrawal of all Thai forces from those parts of Cambodian territory situated in the area of the Temple of Preah Vihear;
-        a ban on all military activity by Thailand in the area of the Temple of Preah Vihear;
-        that Thailand refrain from any act or action which could interfere with the rights of Cambodia or aggravate the dispute in the principal proceedings.”

In the second hearing, the Thai demanded as follows:

            “In accordance with Article 60 of the Rules of Court and having regard to the Request for the indication of provisional measures of the Kingdom of Cambodia and its oral pleadings, the Kingdom of Thailand respectfully requests the Court to remove the case introduced by the Kingdom of Cambodia on 28 April 2011 from the General List.”

Prior to the general elections in Thailand on 3 July 2011, there were many Cambodian people who live nearby the border between the two countries left their homes with the fear of more armed clashes.  The claims of possible attacks by Thai military were denied by both Thai military and Goverment officials.   Following the 3-July elections, the situation is calm with promising future collaboration between the Cambodian Government and newly-elected Thai Government that will be formed in the coming weeks.





09 January, 2009

Preah Vihear Dispute Stays Still

Saturday, January 3, 2009


The Arrogance Government

The Preah Vihear temple dispute between Thailand and Cambodia has been dragged for more than 6 months so far; however, the sun of the problem is not yet to set. To me, since the problem erupted in july 2008, as a Cambodian citizen, I feel like there is no dispute of fact to asking for as what the Thai have claim. Even though, I wasn't born long enough to witness the ICJ judgment when Thai returned the temple to Cambodia in 1962, but according to the same judgment, whether who ever read the judgment both young and old generation or westerner and easterner, the judgment says that "the temple of Preah Vihear was situated in territory under the sovereignty of Cambodia then that Thailand was under an obligation to withdraw any military or police forces from the temple and turn it back to Cambodia." Thank to ICJ that spelled out of every single word that relate to the temple really clear and understandable for the Thai to understand that that temple is not belong to them. As a result, Thailand withdrew its troops and returned all sculptures to the temple.

Is that the Preah Vihear temple issue finished? no not yet. Then what is the problem right now, and what are Thai people asking for? According to the incident that erupted in July 2008, this time it was not really about the temple anymore, but the surrounding areas of land about 4.5 square kilometers that Thailand insists that it belongs to them according to its unilateral map that drew alone by its side with American support. This claim is really disturb me a lot lately because every time I look at the map and the judgment, I do not see it as what the Thais see. For Thais, they claim that the judgment was settled only the Preah Vihear Temple but not the surrounding land. So let get to the point. According to the claim, who we are going to blame for? Should we blame the ICJ that did not spell it out every single object that exist on the map that their use for the judgment? Suppose to say that the ICJ did ruled it out clearly that the surrounding land is also belong to Cambodia, do they have to spell it out of forests, rocks, mountains, lakes, and etc... Or this is what a civilize country would do as what the Thais always claim of who their are.

In reality the judgment made clear enough to spell out the meaning of the current issue. Whoever read the judgment, whether westerner or Asian, but maybe not Thais, will see that the judgment is understandable that the surrounding areas is belong to Cambodia. I have attached the map below for the readers to read and do your own judgment. According to the map that was also used by the ICJ, how can you say that the temple is belong to Cambodia but not the surrounding area? Let me quote a phrase from the ICJ judgment again "the temple of Preah Vihear was situated in territory under the sovereignty of Cambodia". What the judgment said is the temple does locates in Cambodia territory. If the temple is in Cambodia territory, why not the surrounding areas?



It seems like the problem was not about the judgment but about the map. The main problem is there are two maps have been used between both sides. Thailand has constantly rejects of using the map that its signed with French, a Cambodian protector, in 1904 by its own government. It claims that the map is unusable because it was unfair for Thailand. To Thai government, the 1904 map was signed because Thailand was forced to do so by French and its army. In addition, the whole Thai nations was at stalk of becoming another French colony as what happened in Cambodia, Laos, and Vietnam.

However, what all of those have to do with Cambodia? To me, I think that there is nothing has to do with Cambodia. Especially Thailand really should not use that reason to excuse to rise up the border problem with Cambodia but to respect its government decision because without that agreement, Thailand should had became as one of French Indochina country and its country future should have changed by now. Instead, after taking benefit from the agreement, it turns its back and rejects to recognize the agreement for now. What kind of a civilize nation is that? To me I think that, this kind of action is nothing but just only reflects its own ignorance and arrogant behavior and especially to damage it own reputation in the world community.

In conclusion, it should has not come to this point and the lives of two Thai soldiers should have been saved by their own government, if Thailand acts as a civilize nation in this 21st century. It an honor to die for the sake of their own nation but it seems like their die for the ignorance and arrogance behavior of their government instead.

26 December, 2008

A return to Thai ownership of the Preah Vihear Temple is not an option

Kasit rules out Thia ownership



A return to Thai ownership of the Preah Vihear Temple is not an option, new Foreign Minister Kasit Piromya said yesterday. But Thailand would maintain cooperation with Cambodia over the historic and controversial Hindu temple, he said.

The Preah Vihear case would be handled in line with the 1904 and 1907 Siam-Franco treaties, the 1962 International Court of Justice (ICJ) ruling and the 2000 Memorandum of Understanding on boundary demarcation, he said.

The ICJ ruled in 1962 that the Preah Vihear belonged to Cambodia but the surrounding land - and access to it - have remained in dispute.

Prime Minister Abhisit Vejjajava said in June - while he was opposition leader and in debate with former foreign minister Noppadon Pattama - that the ICJ had decided only the ruined temple building belonged to Cambodia. The piece of land on which the temple sat was Thailand's.

The People's Alliance for Democracy (PAD) demanded recently the foreign ministry recall ownership of the 11th century Khmer sanctuary.

Its call was unlikely to succeed as the foreign ministry has been examining boundary demarcation and provisional arrangements for the area.

The new minister Kasit, an active member of the PAD before taking the office, said he would not change previous foreign ministry resolutions with Phnom Penh.

Vasin Teeravechyan would retain his position as co-chair of the Thai-Cambodia Joint Commission on Demarcation for Land Boundary, Kasit said.

"In general, it is our intention to cooperate with Cambodia and the Unesco (United Nations Educational Scientific and Cultural Organisation), he told reporters.

The minister said Thailand should have a representative in the International Coordinating Committee (ICC) to protect and develop Cambodia's Preah Vihear.

However, Thailand would have a problem in taking up this position since the PAD opposed the idea, saying it meant recognition of Cambodia's sovereignty over the temple.

"We have to weigh between presence and absence in the ICC," said the ministry's Permanent Secretary Virasakdi Futrakul.

With a representative in the body, Thailand would have access to the temple's administration, he said. But, by the same token, Thailand could also be outvoted.

However, Thailand's national world heritage committee would make the final decision on the ICC, Virasakdi said, noting the foreign ministry would send a representative to the committee.

Kasit said his previously provocative stance in the PAD over the Preah Vihear conflict would not jeopardise relations with Cambodia as its leaders, notably Prime Minister Hun Sen, were familiar with him since they worked together on the Paris Accord on Peace in Cambodia in 1989.

Hun Sen was the first to send congratulations to Prime Minister Abhisit, he said.

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