ICJ Issues provisional measures on Preah Vihear

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INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands

Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928

Website: www.icj-cij.org

 

Press Release

Unofficial

 

 

No. 2011/22

18 July 2011

Link

Request for interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand)

(Cambodia v. Thailand)

 

Request for the indication of provisional measures

 

The Court finds that both Parties 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

 

 

THE HAGUE, 18 July 2011. The International Court of Justice (ICJ), the principal judicial organ of the United Nations, today gave its decision on the request for the indication of provisional measures submitted by Cambodia in the case concerning the Request for the interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand).

 

In its Order, the Court first unanimously rejected Thailand’s request for the case introduced by Cambodia to be removed from the General List.

 

It then indicated various provisional measures. The Court began by stating, by eleven votes to five, that both Parties should immediately withdraw their military personnel currently present in the provisional demilitarized zone, as defined in paragraph 62 of its Order (see the illustrative sketch-map appended to the Order and to this press release), and refrain from any military presence within that zone and from any armed activity directed at it.

 

Having noted that the Temple area had been the scene of armed clashes between the Parties and that such clashes might reoccur, the Court decided that, in order to ensure that no irreparable damage was caused, there was an urgent need for the presence of all armed forces to be temporarily excluded from a provisional demilitarized zone around the area of the Temple.

 

The Court also stated, by fifteen votes to one, that Thailand should not obstruct Cambodia’s free access to the Temple of Preah Vihear, or prevent it from providing fresh supplies to its non-military personnel; it said that Cambodia and Thailand should continue their co-operation within ASEAN and, in particular, allow the observers appointed by that organization to have access to the provisional demilitarized zone, and that both Parties should refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.

 

Lastly, the Court decided, by fifteen votes to one, that each of the Parties should inform it as to its compliance with the above provisional measures and that, until the Court had rendered its judgment on the request for interpretation, it would remain seised of the matters which form the

subject of the Order.

 

 

Jurisdiction and legal conditions required for the indication of provisional measures

 

The Court concluded (paragraphs 19 to 32 of the Order) that a dispute appeared to exist between the Parties as to the meaning or scope of its 1962 Judgment and that it therefore appeared that the Court could, pursuant to Article 60 of the Statute, entertain the request for interpretation submitted by Cambodia. Accordingly, it declared that it could not accede to the request by Thailand that the case be removed from the General List (see above) and added that there was sufficient basis for the Court to be able to indicate the provisional measures requested by Cambodia, if the necessary conditions were fulfilled. The Court then examined those conditions one by one (paras. 35 to 56), and concluded that they had been satisfied.

 

Firstly, it considered that the rights claimed by Cambodia, as derived from the 1962 Judgment, in the light of its interpretation thereof, were plausible.

 

Secondly, the Court considered that the provisional measures requested sought to protect the rights invoked by Cambodia in its request for interpretation and that the requisite link between the alleged rights and the measures sought was therefore established.

 

Thirdly, it considered that there was a real and imminent risk of irreparable damage being caused to the rights claimed by Cambodia before the Court had given its final decision, and that there was urgency.

 

Finally, the Court recalled that orders indicating provisional measures had binding effect and thus created international legal obligations with which both Parties were required to comply. It also observed that the decision given in the present proceedings on the request for the indication of provisional measures in no way prejudged any question that the Court might have to deal with relating to the Request for interpretation.

 

 

[Flashermac]

I don't know if this will make anybody happy, but it is what was expected. Hun Sen has already said he will not withdraw from the disputed area, insisting it is his and that "he has no claims on Thai territory" (since whatever he says is his is his). Now what?

 

I wonder if what's left of PAD will kick up a fuss. And if they do, will anyone pay any attention any more?

 

 

[Flashermac]

 

ICJ orders troops withdrawn

 

 

THE HAGUE - The International Court of Justice on Monday voted 11 to 5 to order both Thailand and Cambodia to withdraw their troops from the 4.6 square kilometre disputed area around the Preah Vihear temple to reduce military confrontation along their border.

 

The ruling was in response to Cambodia's petition to the ICJ on April 28 for an interpretation of the 1962 verdict awarding sovereignty over the Preah Vihear temple to Cambodia.

 

The 1962 majority verdict said the ancient Hindu temple belongs to Cambodia, but the area around it has remained in dispute, causing frequent cross-border clashes between the two countries.

 

In the petition to the ICJ, Phnom Penh also asked the United Nations' highest court to issue provisional measures that include an immediate withdrawal of Thai troops from areas around the temple, a ban on all Thai military activity in the area, and that Thailand refrain from any act which could interfere with Cambodia's rights over the temple.

 

Thailand argued during oral testimony to the ICJ on May 30 and 31 that the two countries had no conflict over the scope and meaning of the 1962 verdict.

 

The Thai side said the court therefore has no jurisdiction to interpret its verdict, to which Thailand had fully complied with since it was issued in 1962.

 

Today, the ICJ first unanimously rejected Thailand's request for it to drop Cambodia's petition.

 

The court then agreed with a vote of 11-5 to endorse provisional measures for Thailand and Cambodia to immediately withdraw their troops from the disputed area which is to be designated a provisional demilitarised zone, and to refrain from a military presence within the zone and from armed activity directed at it.

 

The court also voted 15 to 1 for both sides to continue their cooperation within Asean and allow observers to have access to the zone.

 

Lastly, the ICJ decided by a vote of 15 to 1 that the two countries in dispute should comply with the provisional measures issued today until it has completed consideration of Cambodia's petition for an intepretation of the 1962 verdict.

 

Foreign Minister Kasit Piromya said in The Hague, the Netherlands, that he was satisfied with the court's ruling.

 

Earlier today, Army Region 2 spokesman Prawit Hukaew said there would not be any immediate troop withdrawal from the disputed area, regardless of what the ICJ decision might be.

 

Col Prawit commented ahead of the ICJ's scheduled announcement at the Peace Palace in The Hague.

 

"No matter what the ICJ's ruling is, troops of Army Region 2 will remain in the area [around Preah Vihear] to protect the land and sovereignty of our country.

 

"The army will wait for instructions from Gen Prayuth Chan-ocha [the national army chief]," the spokesman said.

 

He said if the court ruled in favour of Cambodia and the Cambodian army attacked the Thai side, the Thai army would be ready to retaliate.

 

"The number of Thai troops in the area is adequate to deal with any situation that might occur along the Thai-Cambodian border," Col Prawit added.

 

 

 

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