Thai-Cambodia dispute seeks ICJ resolution, sidelines ASEAN

Source: Global Times
June 01 2011

By Joshua Brown in Kuala Lumpur

Thai and Cambodian officials appeared before the International Court of Justice (ICJ) on Monday to argue their cases, seeking a final resolution to the dispute over an 11-century temple.

In the opening address of the 25th Asia Pacific Roundtable in Kuala Lumpur on Monday, Deputy Prime Minister of Malaysia Muhyiddin Yassin praised parties on both sides for seeking peaceful resolution at the ICJ.

Peaceful resolution is the bedrock of the Association of Southeast Asian Nations (ASEAN), Yassin said. "Even when it may seem expedient to use force, ASEAN members have taken the laborious path to peace and upholding the Treaty of Amity and Cooperation (TAC). We must remain vigilant and reaffirm our commitment to this tradition."

However, neither nation has acted entirely peacefully. Fighting between them has claimed 29 lives and sent thousands more fleeing since 2008.

Indonesian Foreign Minister Marty Natalegawa said during the first day of roundtable discussions that what was important was that the parties involved would solve the matter peacefully rather than resulting to violence. He added that this should not be seen as a failure of the ASEAN community and, "this doesn't mean the diplomatic process has failed."

However, referring the border dispute between Thailand and Cambodia to the ICJ may have unexpected consequences for ASEAN's role in regional dispute resolution. While the conflict is unlikely to impact regional security as a whole, it does not bode well for ASEAN and its capacity to attain its goal of creating an ASEAN Security Community "free from any manner of interference by outside powers."

While the ASEAN community has finally located means of peaceful solution, it has failed to resolve the issue internally.

It might have a real impact on the legitimacy of the High Council as the main mechanism of ASEAN dispute settlement, said Hasjim Dialal, director of the Center for Southeast Asian Studies. "Perhaps because it is perceived to be for political solutions rather than for this legal solutions."

"We do not understand why we have to come here when there is already an existing mechanism" for negotiating a border, Thai Foreign Minister Kasit Piromya told reporters leaving the ICJ courtroom Monday.