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Thailand is resisting Cambodia’s push to bring their border dispute to the U.N. International Court of Justice after a firefight last week that killed one Cambodian soldier, raising tensions between the Southeast Asian neighbors.
In a press statement Wednesday, the Thai government said its troops had acted in self-defense during a routine patrol in an area under Thai sovereignty.
About Cambodia’s proposal “to resort to a judicial mechanism or a third party,” Thailand stressed that it is “ready to engage in negotiations with Cambodia through existing bilateral mechanisms.”
That statement came after Cambodia’s National Assembly and Senate on Monday voted in favor of the Cambodian government’s proposal to bring a case to resolve the dispute to The Hague-based court.
The legislature took the matter up after the two sides had a 10-minute shootout on May 28 in the Chongbok area of Thailand’s northeastern Ubon Ratchathani province, opposite Cambodia’s northern Preah Vihear province, near where the Thai, Cambodian and Lao borders meet. Cambodia said one of its soldiers, Sgt. Suan Roan, 48, was killed.
It was the latest flare-up in a rift between Thailand and Cambodia over the demarcation of their 800-kilometer-long land border, which stirs nationalist sentiment on both sides. The differences are rooted in history. Part of the long-burning disagreement is over which maps to use.
Cambodia is calling for the U.N. court to rule on the demarcation of the border at three ancient Khmer temples – Ta Moan Thom, Ta Moan Toch and Ta Krabei – and at an area near to where the May 28 shootout happened.
There’s precedent for this. The International Court of Justice granted sovereignty to Cambodia over a disputed 11th century temple at Preah Vihear in 1962 and 2013. There was a standoff and clashes between Thai and Cambodia forces at the border there between 2008 and 2011.
Legal process
Senate President Hun Sen, father of the current prime minister Hun Manet, told Monday’s joint session of the parliament that if Thailand truly has no intention to encroach upon Cambodian territory, it should not refuse Cambodia’s invitation to file the new case jointly at the ICJ.
“Why wouldn’t they want to resolve the issue through the legal process? If 25 years of negotiations haven’t yielded results—even joint border commission meetings haven’t achieved anything—what’s the reason behind this?” Hun Sen said.
Thailand, however, stressed in its statement that there should be negotiations through bilateral mechanisms, such as the Joint Boundary Commission. Cambodia has agreed to host a meeting of the commission on June 14.
“The Royal Thai Government calls on Cambodia to work with Thailand in exercising maximum restraint, reducing tensions on the ground, and providing information to the public with the aim of avoiding misunderstandings between the peoples of the two countries,” the statement said.
Thailand’s The Nation newspaper quoted Thai Defense Minister Phumtham Wechayachai as saying that Thailand is working to keep the dispute from escalating to the level of the ICJ.
“We must avoid playing into their game,” Phumtham was quoted as saying, referring to Cambodia. “Doing so could internationalize the issue. This is a matter of national importance that directly affects Thailand’s independence and territorial integrity.”
Southeast Asia expert Sebastian Strangio wrote in The Diplomat that while Cambodia may be banking on the ICJ ruling in its favor, as it did over Preah Vihear, it’s less clear the court would support Cambodia’s claims in the areas it is seeking a ruling on now.
But he added that pursuing an international legal remedy is probably the best way of resolving an issue that is the subject of heated nationalistic fervor in both nations.
Edited by Mat Pennington.
