“Cambodia never has had any Overlapping Area and nor 4.6 km² Disputed Area with Thailand”
By Long Sokun
International Legality and Legitimacy of the Cambodia and Thai Boundary line:
Cambodia and Thailand share land boundary of about 805 km commences from the point where the territories of Thailand, Cambodia and Laos meets at the Passe of Preah Chamboth, Choam Ksan District, Preah Vihear Province and ends at the coast at Cham Yeam, Mondul Seyma District, Koh Kong Province which has been defined (Delimitation) by the following documents:
1). 13 February 1904 Convention signed in Paris
2). 23 March 1907 Treaty signed in Bangkok
3). Maps which are the results of demarcation works of the Commissions of the Delimitation of the Boundary between Indo-china and Siam under above-mentioned agreements. There are 7 maps
(5 maps from 1907 and 2 maps from 1904) cover Cambodia and Thailand land boundary that were published and communicated to Siamese King, high ranking officials of the Siamese government and to members of the Mixed Commission of Delimitation. 73 border posts were planted during 1908-1909 and1919-1920, commenced from the point of Cham Srangam, Along Veng District, Udor Meanchey Province and ends at the point of Cham Yeam, Mondul Seyma District, Koh Kong Province,
4). Article 2 of the 1925 Treaty between French and Siam: The high Contracting parties confirm and reciprocally guarantee to respect the frontier established between their territories by virtue of and in conformity with the provision of former agreements and maintained by Article 27 of the present treaty.
5). Article 22 of the 1937 Treaty between French and Siam: The contracting Parties guarantee to respect the existing boundary established by the Convention of 1904 and Treaty of 1907,
6). Settlement Agreement of 17 November, 1946 between French and Siam: Article 1: Tokyo Convention of 9 May 1941, heretofore repudiated by the French Government, is hereby annulled and the status quo ante restored. Second paragraph of this article: in consequence the Indochinese territories covered by the said Convention shall be transferred to the French authorities under the conditions se forth in the Protocol 1 concluded for this purpose (See article 3 for the works of Special Conciliation Commission).
7). Boundary Settlement of 1947 between French and Siam (Special Conciliation Commission), The starting of the commission’s work was made subject to the transfer of the territories referred to in the second paragraph I of the Settlement Agreement of 1946. The commission has noted furthermore that the agents of two governments agreed that the legal status of the boundary between Siam and Indo-china rests on the Article I of the Franco-Siamese Agreement of Settlement of November 17, 1946,
UN Post-Thai Aggression and ICJ Ruling:
- In 1954, Thai armed forces occupied Temple of Preah Vihear, violated the UN Charter
- In 1958, a conference held in Bangkok with no solution,
- In 1959, Cambodia filed complaint to the ICJ in Hague,
- In 1962, ICJ, based on Annexed I Map, Sheet of Dangrek Map, ruled that The Temple of Preah Vihear and its vicinity situated in the territory under the sovereignty of Cambodia,
- As for the Interpretation of the line of watershed based on article 1 of 1904 Convention, the indication of the line of watershed in this article was itself no more than an obvious and convenient way of describing a frontier line objectively, though in general terms. No reason to think that parties attached any special importance to the line of watershed as such, as compared with the overriding importance, in the interests of finality, of adhering to the map line as eventually delimited and as accepted by them. The court, therefore, feel bound, as a matter of treaty interpretation, to pronounce in favor of the line as mapped in the disputed area. Given the grounds on which the court bases its decision, it becomes unnecessary to consider whether, at Preah Vihear, the line as mapped does in fact correspond to the true watershed line in this vicinity, or did so correspond in 1904-1908, or if now, how the watershed line in fact run (see page 33 ICJ),
Note:
Principles of International Law used in ICJ for the Case of the Temple of Preah Vihear:
- Estoppels law
- Acquiescence
- Pacta sunt servanda (Agreement must be kept)
- Principles of respecting the words
After ICJ Ruling:
-In July 1962, Thailand accepted the ICJ ruling, (Thai PM Sarit Thanarath announced)
-But Thai drew its own unilateral and Secret Map (L7017Map) in its long term ambition to invade Cambodia and reclaim the Temple of Preah Vihear,
-At the end of 2007, Thailand claimed it respects the ICJ ruling, but Thailand misled and twisted the ruling and its motives as said within the ICJ judgment. And from the year of 2007 onward, Thailand used the words such as overlapping area, disputed area of 4,6km2 since the international boundary line has been demarcated as the line on the map was already drawn and accepted by both countries for almost hundred years.
Note:
The Thai’s unilateral and secret map (L7017Map) was just shown during the 31st session of WHC in Christchurch, New Zealand in 2007. It is an unrecognized map.
ICJ Statute:
- Article 60, the Ruling is final and no appeal,
- Article 61, the duration for revision lapsed,
Note:
ICJ has no appeal court, following the principle of non reception of any complaint in case it was already ruled and the period for such revision lapsed as stated within the article 61 of the ICJ statute.
But According to Article 94 of the UN Charter states that “(1) each member of the United Nations undertakes to comply with the decision of the ICJ in any case to which it is a party”. (2) If any party to case fails to perform the obligations incumbent upon it under a judgment rendered by the court, the other party may have recourse to the SC, which may, if deems necessary, make recommendation or decide upon measure to be taken to give effect to the judgment”.
Samdech Techo HUN SEN Reign:
- On 14 June of 2000, MOU signed Between Cambodia and Thailand, respecting the principle of non rectification of the existing boundary established by the Convention of 1904 and Treaty of 1907, and as confirmed by the treaty of 1925 and of 1937,
- On 25 August of 2003, TOR signed between Cambodia and Thailand, strengthening friendship, building peaceful border for cooperation and development for the mutual interests for the people of both Countries by planting boundary pillars through transforming from the line on the maps onto the real terrain so as to show that which side belongs to Cambodia and to Thailand.
-These two documents are explicitly in reference to the 1904 Convention, the Treaty of 1907, maps drawn and the MOU of June 2000. Shortly after, defying the commitments in the MOU and the TOR, Thailand publishes a unilateral and secret map of which the boundary line runs along the immediate vicinity of the Temple of Preah Vihear. This behavior called into question the evidence in force since 1908.- On 18 June 2008, Cambodia and Thailand signed a joint statement in which Thailand supports the Cambodian request for the inscription of the temple of Preah Vihear on the World Heritage List by UNESCO and this inscription states that this is without prejudice to the demarcation work under the MOU in 2000 and TOR of 2003.- On 21 June 2008, General Prem Tinsulanonda, Privy Councilor of the King of Thailand expressed his support for Thai protesters who oppose the inscription of the temple of Preah Vihear.
- On 22 June 2008, the gate of the Temple of Preah Vihear was closed,
- On 26 June 2008, Thai yellow shirt people come to protest in front of the gate of the Temple of Preah Vihear,
- On 10 July 2008, Thai Foreign Minister, Noppadon resigned,- On 1 July 2008 the Thai government withdrew its support for the inscription of the temple. - On July 7, 2008, the World Heritage Committee inscribed the temple of Preah Vihear on the World Heritage List. Foreign Minister of Thailand expressed his opposition, but in vain.
-The above elements are obviously known in the chancery all over the world. Some states, signatories of the Paris Agreements of 1991 that ended the Cambodian conflict, have responsibilities with respect to Cambodia’s present situation. Thailand, itself a signatory to these agreements, was like other parties, including the five permanent members of Security Council of the United Nations, has committed to respect "the sovereignty, independence, territorial integrity and inviolability of Cambodia.
Thai Armed Forces Aggression after the Inscription of Temple of Preah Vihear and the Post-Protest of Inscription:
- On 15 July 2008, Thai armed forces invaded and occupied some areas near the Temple of Preah Vihear, the Thai armed forces violate the territorial integrity of Cambodia in the area of Preah Vihear and, therefore, they violate treaties, conventions and joint documents signed by Thailand as well as UN Charter and ICJ ruling of 1962. Since then, the meetings between Foreign Ministers of both countries have avoided the worst so far, but nothing has settled.
- On 3 August 2008, Thai armed forces occupies Tamoan Thom Temple of Cambodia
- On 15 October 2008, armed clashes in the areas near The Temple of Preah Vihear
- On 3 April 2009, armed clashes at the Temple of Preah Vihear,
Pure Cultural Issue:
- On 10 October of 2001, Samdech Akka Moha Sena Padei Techo HUN SEN, sent a letter to inform the Director General of UNESCO, H.E. Koichiro Matsura, of the Royal Government's decision to propose this inscription.
- On 30 January of 2006, Portfolio was submitted to the WHC in Paris,
- From 23 to 29 October 006, Technical Mission carried out on the Sacred Site of the Temple of Preah Vihear,
- On 21 January 2007, ICOMOS, a non-governmental advisory organization associated with the WHC, with additional information requested by ICOMOS and submitted by Cambodia, approved the following evaluation: ICOMOS considered that the Site's outstanding universal value has been demonstrated.
- From 23 June to 2 July 2007, in Christchurch, New Zealand, during its 31st regular session, WHC examined all documents relating to the proposal to inscribe the Sacred Site of the Temple of Preah Vihear on the World Heritage List. The Committee first of all took note of the following statement made by the Chairman of the WHC approved by the delegation from Cambodia and delegation from Thailand. "The State party of Cambodia and the state party of Thailand are in full agreement that the Sacred Site of the Temple of Preah Vihear has Outstanding Universal Value and must be inscribed on the WHC List as soon as possible. Accordingly, Cambodia and Thailand agree that Cambodia will propose the Site for formal inscription on the WHC List at the 32nd session of the WHC in 2008 with the active support of Thailand". The Committee then recognized: "That the Sacred Site of the Temple of Preah Vihear is of great international significance and has Outstanding Universal Value under criteria (i), (II) and (iv) and agreed in principle that it should be inscribed on the WHC List and noted that the process for inscription is in progress".
- On 7 July 2008, in City, Canada, the 32nd session of the WHC unanimously inscribed the Temple of Preah Vihear on the WHC List under criteria (i) Preah Vihear is an outstanding masterpiece of Khmer Architecture. It is very pure both in plan and in detail of its decoration.
Linking the boundary issue to the issue of Inscription of the Temple of Preah Vihear by Thai's internal political crisis:
- Inscription is pure cultural and internal affairs of Cambodia
- Just pretext to clouding public and international opinions, building up their own popularity to gaining power in Bangkok,
Conclusion:
Cambodia has a strong international legality and legitimacy on the International boundary line with Thailand. Thailand has a loose cannon style which could not shoot at the right direction and the right time hardly wining any case raising in the future with Cambodia within any international institutions, for example the UN or ICJ !.
By Long Sokun
International Legality and Legitimacy of the Cambodia and Thai Boundary line:
Cambodia and Thailand share land boundary of about 805 km commences from the point where the territories of Thailand, Cambodia and Laos meets at the Passe of Preah Chamboth, Choam Ksan District, Preah Vihear Province and ends at the coast at Cham Yeam, Mondul Seyma District, Koh Kong Province which has been defined (Delimitation) by the following documents:
1). 13 February 1904 Convention signed in Paris
2). 23 March 1907 Treaty signed in Bangkok
3). Maps which are the results of demarcation works of the Commissions of the Delimitation of the Boundary between Indo-china and Siam under above-mentioned agreements. There are 7 maps
(5 maps from 1907 and 2 maps from 1904) cover Cambodia and Thailand land boundary that were published and communicated to Siamese King, high ranking officials of the Siamese government and to members of the Mixed Commission of Delimitation. 73 border posts were planted during 1908-1909 and1919-1920, commenced from the point of Cham Srangam, Along Veng District, Udor Meanchey Province and ends at the point of Cham Yeam, Mondul Seyma District, Koh Kong Province,
4). Article 2 of the 1925 Treaty between French and Siam: The high Contracting parties confirm and reciprocally guarantee to respect the frontier established between their territories by virtue of and in conformity with the provision of former agreements and maintained by Article 27 of the present treaty.
5). Article 22 of the 1937 Treaty between French and Siam: The contracting Parties guarantee to respect the existing boundary established by the Convention of 1904 and Treaty of 1907,
6). Settlement Agreement of 17 November, 1946 between French and Siam: Article 1: Tokyo Convention of 9 May 1941, heretofore repudiated by the French Government, is hereby annulled and the status quo ante restored. Second paragraph of this article: in consequence the Indochinese territories covered by the said Convention shall be transferred to the French authorities under the conditions se forth in the Protocol 1 concluded for this purpose (See article 3 for the works of Special Conciliation Commission).
7). Boundary Settlement of 1947 between French and Siam (Special Conciliation Commission), The starting of the commission’s work was made subject to the transfer of the territories referred to in the second paragraph I of the Settlement Agreement of 1946. The commission has noted furthermore that the agents of two governments agreed that the legal status of the boundary between Siam and Indo-china rests on the Article I of the Franco-Siamese Agreement of Settlement of November 17, 1946,
UN Post-Thai Aggression and ICJ Ruling:
- In 1954, Thai armed forces occupied Temple of Preah Vihear, violated the UN Charter
- In 1958, a conference held in Bangkok with no solution,
- In 1959, Cambodia filed complaint to the ICJ in Hague,
- In 1962, ICJ, based on Annexed I Map, Sheet of Dangrek Map, ruled that The Temple of Preah Vihear and its vicinity situated in the territory under the sovereignty of Cambodia,
- As for the Interpretation of the line of watershed based on article 1 of 1904 Convention, the indication of the line of watershed in this article was itself no more than an obvious and convenient way of describing a frontier line objectively, though in general terms. No reason to think that parties attached any special importance to the line of watershed as such, as compared with the overriding importance, in the interests of finality, of adhering to the map line as eventually delimited and as accepted by them. The court, therefore, feel bound, as a matter of treaty interpretation, to pronounce in favor of the line as mapped in the disputed area. Given the grounds on which the court bases its decision, it becomes unnecessary to consider whether, at Preah Vihear, the line as mapped does in fact correspond to the true watershed line in this vicinity, or did so correspond in 1904-1908, or if now, how the watershed line in fact run (see page 33 ICJ),
Note:
Principles of International Law used in ICJ for the Case of the Temple of Preah Vihear:
- Estoppels law
- Acquiescence
- Pacta sunt servanda (Agreement must be kept)
- Principles of respecting the words
After ICJ Ruling:
-In July 1962, Thailand accepted the ICJ ruling, (Thai PM Sarit Thanarath announced)
-But Thai drew its own unilateral and Secret Map (L7017Map) in its long term ambition to invade Cambodia and reclaim the Temple of Preah Vihear,
-At the end of 2007, Thailand claimed it respects the ICJ ruling, but Thailand misled and twisted the ruling and its motives as said within the ICJ judgment. And from the year of 2007 onward, Thailand used the words such as overlapping area, disputed area of 4,6km2 since the international boundary line has been demarcated as the line on the map was already drawn and accepted by both countries for almost hundred years.
Note:
The Thai’s unilateral and secret map (L7017Map) was just shown during the 31st session of WHC in Christchurch, New Zealand in 2007. It is an unrecognized map.
ICJ Statute:
- Article 60, the Ruling is final and no appeal,
- Article 61, the duration for revision lapsed,
Note:
ICJ has no appeal court, following the principle of non reception of any complaint in case it was already ruled and the period for such revision lapsed as stated within the article 61 of the ICJ statute.
But According to Article 94 of the UN Charter states that “(1) each member of the United Nations undertakes to comply with the decision of the ICJ in any case to which it is a party”. (2) If any party to case fails to perform the obligations incumbent upon it under a judgment rendered by the court, the other party may have recourse to the SC, which may, if deems necessary, make recommendation or decide upon measure to be taken to give effect to the judgment”.
Samdech Techo HUN SEN Reign:
- On 14 June of 2000, MOU signed Between Cambodia and Thailand, respecting the principle of non rectification of the existing boundary established by the Convention of 1904 and Treaty of 1907, and as confirmed by the treaty of 1925 and of 1937,
- On 25 August of 2003, TOR signed between Cambodia and Thailand, strengthening friendship, building peaceful border for cooperation and development for the mutual interests for the people of both Countries by planting boundary pillars through transforming from the line on the maps onto the real terrain so as to show that which side belongs to Cambodia and to Thailand.
-These two documents are explicitly in reference to the 1904 Convention, the Treaty of 1907, maps drawn and the MOU of June 2000. Shortly after, defying the commitments in the MOU and the TOR, Thailand publishes a unilateral and secret map of which the boundary line runs along the immediate vicinity of the Temple of Preah Vihear. This behavior called into question the evidence in force since 1908.- On 18 June 2008, Cambodia and Thailand signed a joint statement in which Thailand supports the Cambodian request for the inscription of the temple of Preah Vihear on the World Heritage List by UNESCO and this inscription states that this is without prejudice to the demarcation work under the MOU in 2000 and TOR of 2003.- On 21 June 2008, General Prem Tinsulanonda, Privy Councilor of the King of Thailand expressed his support for Thai protesters who oppose the inscription of the temple of Preah Vihear.
- On 22 June 2008, the gate of the Temple of Preah Vihear was closed,
- On 26 June 2008, Thai yellow shirt people come to protest in front of the gate of the Temple of Preah Vihear,
- On 10 July 2008, Thai Foreign Minister, Noppadon resigned,- On 1 July 2008 the Thai government withdrew its support for the inscription of the temple. - On July 7, 2008, the World Heritage Committee inscribed the temple of Preah Vihear on the World Heritage List. Foreign Minister of Thailand expressed his opposition, but in vain.
-The above elements are obviously known in the chancery all over the world. Some states, signatories of the Paris Agreements of 1991 that ended the Cambodian conflict, have responsibilities with respect to Cambodia’s present situation. Thailand, itself a signatory to these agreements, was like other parties, including the five permanent members of Security Council of the United Nations, has committed to respect "the sovereignty, independence, territorial integrity and inviolability of Cambodia.
Thai Armed Forces Aggression after the Inscription of Temple of Preah Vihear and the Post-Protest of Inscription:
- On 15 July 2008, Thai armed forces invaded and occupied some areas near the Temple of Preah Vihear, the Thai armed forces violate the territorial integrity of Cambodia in the area of Preah Vihear and, therefore, they violate treaties, conventions and joint documents signed by Thailand as well as UN Charter and ICJ ruling of 1962. Since then, the meetings between Foreign Ministers of both countries have avoided the worst so far, but nothing has settled.
- On 3 August 2008, Thai armed forces occupies Tamoan Thom Temple of Cambodia
- On 15 October 2008, armed clashes in the areas near The Temple of Preah Vihear
- On 3 April 2009, armed clashes at the Temple of Preah Vihear,
Pure Cultural Issue:
- On 10 October of 2001, Samdech Akka Moha Sena Padei Techo HUN SEN, sent a letter to inform the Director General of UNESCO, H.E. Koichiro Matsura, of the Royal Government's decision to propose this inscription.
- On 30 January of 2006, Portfolio was submitted to the WHC in Paris,
- From 23 to 29 October 006, Technical Mission carried out on the Sacred Site of the Temple of Preah Vihear,
- On 21 January 2007, ICOMOS, a non-governmental advisory organization associated with the WHC, with additional information requested by ICOMOS and submitted by Cambodia, approved the following evaluation: ICOMOS considered that the Site's outstanding universal value has been demonstrated.
- From 23 June to 2 July 2007, in Christchurch, New Zealand, during its 31st regular session, WHC examined all documents relating to the proposal to inscribe the Sacred Site of the Temple of Preah Vihear on the World Heritage List. The Committee first of all took note of the following statement made by the Chairman of the WHC approved by the delegation from Cambodia and delegation from Thailand. "The State party of Cambodia and the state party of Thailand are in full agreement that the Sacred Site of the Temple of Preah Vihear has Outstanding Universal Value and must be inscribed on the WHC List as soon as possible. Accordingly, Cambodia and Thailand agree that Cambodia will propose the Site for formal inscription on the WHC List at the 32nd session of the WHC in 2008 with the active support of Thailand". The Committee then recognized: "That the Sacred Site of the Temple of Preah Vihear is of great international significance and has Outstanding Universal Value under criteria (i), (II) and (iv) and agreed in principle that it should be inscribed on the WHC List and noted that the process for inscription is in progress".
- On 7 July 2008, in City, Canada, the 32nd session of the WHC unanimously inscribed the Temple of Preah Vihear on the WHC List under criteria (i) Preah Vihear is an outstanding masterpiece of Khmer Architecture. It is very pure both in plan and in detail of its decoration.
Linking the boundary issue to the issue of Inscription of the Temple of Preah Vihear by Thai's internal political crisis:
- Inscription is pure cultural and internal affairs of Cambodia
- Just pretext to clouding public and international opinions, building up their own popularity to gaining power in Bangkok,
Conclusion:
Cambodia has a strong international legality and legitimacy on the International boundary line with Thailand. Thailand has a loose cannon style which could not shoot at the right direction and the right time hardly wining any case raising in the future with Cambodia within any international institutions, for example the UN or ICJ !.