Surapong urges compliance with ICJ troop withdrawal order

Nov 16, 2011
Bangkok Post

Thailand should comply with the International Court of Justice's provisional measures ordering it and Cambodia to withdraw troops from a disputed border area near Preah Vihear Temple, says Foreign Minister Surapong Tovichakchaikul.

Mr Surapong said yesterday that if Thailand violated the ICJ's order, Cambodia may ask the United Nations Security Council ( UNSC) to issue compulsory measures instead.

Worse, Mr Surapong said, the ICJ judges might become dissatisfied with Thailand and develop a negative attitude towards the country. That could rebound on the territorial case Thailand is considering.

He cited Article 94 of the UN Charter, which requires each UN member state to comply with decisions made by the ICJ in any case to which it is a party.

He made his remarks before a joint parliamentary session of MPs and senators during a hearing seeking their approval under Section 179 of the constitution to test their opinions on Thailand's stance on the ICJ's provisional measures. The meeting was intended only to take up opinions and not to pass a resolution.

He asked for a closed-door session to debate the issue shortly after he told the House about his government's stance.

Mr Surapong insisted that complying with the ICJ's order would neither affect Thailand's territory nor its sovereignty as the government still had the right to dispatch police and government officials to safeguard the disputed border area near the centuries-old temple.

"This ICJ order is fair to both countries. Neither country has an absolute advantage over the other," he said.

Mr Surapong told parliament that he would continue to use the same outside foreign legal counsel as the previous government had used to fight the case filed by Cambodia.

The ICJ will next year rule on Cambodia's case, which seeks clarification on an ICJ decision from 1962 that awarded it the Phrea Vihear temple, but left other issues vague.

The court on July 18 ordered Thailand and Cambodia to their withdraw troops from the disputed border area adjacent to Phrea Vihear after Cambodia had asked for the ruling in the aftermath of border skirmishes around the Preah Vihear temple earlier this year.

Both nations claim ownership of the 4.6 sq-km surrounding area of the ancient temple.