BULLETIN: SPECIAL, FEBRUARY 2011 YEAR: 4 NO: 37 CONTENT: Address of His Excellency Hor Namhong, At the Meet- ing of the United Nations Security Council ON New York, 14 February 2011. Page 1 Statement of the MFAIC concerning Renewed Armed Provocation by Thailand. Page 4 Letter of H.E. Mr. Hor Nam- hong, addressed to H.E. Maria Luiza Ribeiro Viotti, President of the United Na- tions Security Council. Page 5 Statement of the MFAIC. Page 7 Statement of the MFAIC regarding the Statement of the Ministry of Foreign Af- fairs of Thailand on 31 Janu- ary 2011 Concerning the Keo Sikha Kiri Svara Pagoda of Cambodia. Page 9 Letter of the Office of the Press and Quick Reaction Unit addressed to Mr. Brian Padden. Page 11 Statement of the Office of the Council of Ministers, Press and Quick Reaction Unit. Page 13 Fact Sheet on the Recent Cambodia-Thailand Border Situation. Page 15 MoU between the Govern- ment of Cambodia and the Government of Thailand. Page 18 The International Commu- nity Must Intervene to Help Cambodia Safe-guard Preah Vihear Temple in the Wake of Thai Attacks. Page 23 Cambodian Army Fight to Repel Thai Invasion. Page 23 Cambodia Loses Trust on Bilateral Negotiations with Thailand. Page 24 Cambodia’s Deputy Prime Minister Dr. Sok An tells British and Russian ambassa- dors that the Thais used un- conventional arms. Page 24 The Judgment of the Interna- tional Court of Justice ( ICJ ) In the Hague on 15 June 1962 with MAP. Page 25 Le Premier Ministre thaï récidice : nouvelle aggression militaire contre le Cambodge. Page 27 PAGE 1 To be continued to page 2 - Your Excellency President, - Honorable Mem- bers of the United Nations Security Council, First of all, I would like to thank you all for giving me this opportunity to brief the Security Council on the war of aggression against Cambodia committed by Thailand on 4, 5, 6 and 7 February 2011 at many loca- tions. These include the following areas which are well inside Cambodian territory: - the TEMPLE OF PREAH VIHEAR, - the KEO SIKHA KIRI SVARA pa- goda and KHMUM area located just 300 meters and 500 meters respec- tively from the TEMPLE OF PREAH VIHEAR, - the regions of VEAL INTRY and PHNOM TRAP hill situated ap- proximately 1,120 meters and 1,600 meters respec- tively from the border, TASEM area and others, In its artillery attacks against Cam- bodia, Thailand used sophisticated weapons including cluster bombs and many 105, 120, 130 155 artillery shells reached as far as 20 km inside Cambo- dian territory. Thai- land’s attacks since 4 February 2011 have caused many serious damages to the KEO SIKHA KIRI SVARA pa- goda and the TEM- PLE OF PREAH VIHEAR, a World Heritage site, as well as 6 deaths and 71 injuries among Cambodian troops and people. Out of the total human casualties, 2 persons were killed and 8 others were injured by cluster bombs used by Thai sol- diers, despite a worldwide ban on this type of weapon. Even though there were two de facto agreements on a ceasefire, the cur- rent situation, how- ever, remains ex- tremely fragile. Fresh fighting may breakout again at any time without forewarning, while heavily armed Thai soldiers, artilleries and tanks have been positioned along the border, posing con- stant pressure on Cambodia. Address of His Excellency Hor Namhong, Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation of the Kingdom of Cambodia At the Meeting of the United Nations Security Council New York, 14 February 2011 8
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B U L L E T I N : S P E C I A L , F E B R U A R Y 2 0 1 1 Y E A R : 4 N O : 3 7 C O N T EN T: Address of His Excellency Hor Namhong, At the Meet-ing of the United Nations Security Council ON New York, 14 February 2011. Page 1 Statement of the MFAIC concerning Renewed Armed Provocation by Thailand. Page 4 Letter of H.E. Mr. Hor Nam-hong, addressed to H.E. Maria Luiza Ribeiro Viotti, President of the United Na-tions Security Council. Page 5 Statement of the MFAIC. Page 7 Statement of the MFAIC regarding the Statement of the Ministry of Foreign Af-fairs of Thailand on 31 Janu-ary 2011 Concerning the Keo Sikha Kiri Svara Pagoda of Cambodia. Page 9 Letter of the Office of the Press and Quick Reaction Unit addressed to Mr. Brian Padden. Page 11 Statement of the Office of the Council of Ministers, Press and Quick Reaction Unit. Page 13 Fact Sheet on the Recent Cambodia-Thailand Border Situation. Page 15 MoU between the Govern-ment of Cambodia and the Government of Thailand. Page 18 The International Commu-nity Must Intervene to Help Cambodia Safe-guard Preah Vihear Temple in the Wake of Thai Attacks. Page 23 Cambodian Army Fight to Repel Thai Invasion. Page 23 Cambodia Loses Trust on Bilateral Negotiations with Thailand. Page 24 Cambodia’s Deputy Prime Minister Dr. Sok An tells British and Russian ambassa-dors that the Thais used un-conventional arms. Page 24 The Judgment of the Interna-tional Court of Justice ( ICJ ) In the Hague on 15 June 1962 with MAP. Page 25 Le Premier Ministre thaï récidice : nouvelle aggression militaire contre le Cambodge. Page 27
P A G E 1
To be continued to page 2
- Your Excellency
President,
- Honorable Mem-
bers of the United
Nations Security
Council,
First of all, I
would like to thank
you all for giving me
this opportunity to
brief the Security
Council on the war
of aggression against
Cambodia committed
by Thailand on 4, 5,
6 and 7 February
2011 at many loca-
tions. These include
the following areas
which are well inside
Cambodian territory:
- the TEMPLE OF PREAH VIHEAR,
- the KEO SIKHA
KIRI SVARA pa-
g o d a a n d KHMUM area
located just 300 meters and 500
meters respec-
tively from the TEMPLE OF
PREAH VIHEAR,
- the regions of VEAL INTRY and
PHNOM TRAP hill situated ap-
proximately 1,120
meters and 1,600 meters respec-
tively from the border, TASEM
area and others,
In its artillery
attacks against Cam-
bodia, Thailand
used sophisticated
weapons including
cluster bombs and
many 105, 120, 130
155 artillery shells
reached as far as 20
km inside Cambo-
dian territory. Thai-
land’s attacks since
4 February 2011
have caused many
serious damages to
the KEO SIKHA
KIRI SVARA pa-
goda and the TEM-
PLE OF PREAH
VIHEAR, a World
Heritage site, as
well as 6 deaths and
71 injuries among
Cambodian troops
and people. Out of
the total human
casualties, 2 persons
were killed and 8
others were injured
by cluster bombs
used by Thai sol-
diers, despite a
worldwide ban on
this type of weapon.
Even though there
were two de facto
agreements on a
ceasefire, the cur-
rent situation, how-
ever, remains ex-
tremely fragile.
Fresh fighting may
breakout again at
any time without
forewarning, while
heavily armed Thai
soldiers, artilleries
and tanks have been
positioned along the
border, posing con-
stant pressure on
Cambodia.
Address of His Excellency Hor Namhong,
Deputy Prime Minister and Minister of Foreign Affairs and International
Cooperation of the Kingdom of Cambodia
At the Meeting of the United Nations Security Council
New York, 14 February 2011
8
P A G E 2
From page 1
Allow me to recall the
root cause leading to the
present war of aggression
by Thailand against
Cambodia as follows:
France and Siam
signed the 1904 Conven-
tion and the 1907 Treaty
to establish the Joint
Commissions on the De-
limitation of Frontiers
between Indo-China and
Siam. In the period be-
tween the years 1905 and
1908, the Franco-
Siamese Commission, set
up by the Convention of
1904, produced a set of
11 maps ( all of which
are of 1/200,000 scale),
including the one called
“Dangrek Map” that
demarcates Sector 6
which is the area of the
Temple of Preah Vi-
hear. (Cambodia was
under French protector-
ate from 1863 until 1953)
Since the production of
the Dangrek Map in
1908, Thailand had offi-
cially recognized this
map by asking the
French authorities for
many copies of the map
for the use of the Gov-
ernors of Thailand’s
border provinces with
Cambodia.
In 1954, just after the
independence of Cambo-
dia in November 1953,
Thai troops invaded
Cambodian territory and
occupied the TEMPLE
OF PREAH VIHEAR.
Cambodia, with self-restraint and the goodwill
to avoid war, submitted
this case to the Interna-
tional Court of Justice
(ICJ), on 6 October
1959. Based principally
on the above mentioned
Dangrek Map, referred to
by the ICJ as the “Annex
I” Map , the ICJ adjudi-
cated on 15 June 1962 as follows,
“The Temple of Preah
Vihear is situated in
territory under the sov-ereignty of Cambo-
dia.” “Thailand is under an
obligation to withdraw
any military or police forces, or other guards
or keepers, stationed by her at the Temple,
or in its vicinity on
Cambodian territory.” “Thailand is under an
obligation to restore to
Cambodia any objects of the kind specified in
Cambodia’s fifth Sub-mission which may,
since the date of the
occupation of the Tem-ple by Thailand in
1954, have been re-moved from the Temple
or the Temple area by
the Thai authorities.” With regard to the
boundary line between
Cambodia and Thailand
in the area of the TEM-
PLE OF PREAH VI-
HEAR, the judgment
grounds of the Interna-
tional Court of Justice
(ICJ) in 1962, clearly
stated among others as
follows:
“The Court however
considers that Thai-land in 1908-1909 did
accept the Annex I map
as representing the outcome of the work of
delimitation, and hence
recognized the line on
that map as being the frontier line, the effect
of which is to situate Preah Vihear in Cam-
bodian territory”...
“Both Parties, by their conduct, recognize the
line and thereby in
effect agreed to regard it as being the frontier
line”... “There is, however, no
reason to think that the
Parties attached any special importance to
the line of the water-shed ...The Court,
therefore, feels bound,
as a matter of treaty interpretation, to pro-
nounce in favour of the
line as mapped in the disputed area”...
May I draw the atten-
tion of the Security
Council that these are
only a little part of the
ICJ judgment grounds.
It should be noted that
since the ICJ adjudica-
tion in 1962, Thailand
has accepted to withdraw
its troops from the area
of the TEMPLE OF
PREAH VIHEAR and
its vicinity.
In June 2000, Cambo-
dia and Thailand
signed a Memorandum
of Understanding be-
tween the Government
of the Kingdom of
Cambodia and the Gov-
ernment of the King-
dom of Thailand on the
Survey and Demarca-
tion of Land Boundary,
which recognizes, along
with other legal docu-
ments, the “Dangrek
map” referred to by the
ICJ for its 1962 judgment
as “Annex I” map, as
legal basis for the survey
and demarcation of land
boundary between Cam-
bodia and Thailand.
Thailand began to
demand as its territory
the so called 4.6 square
kilometers area in the
vicinity of the TEMPLE
OF PREAH VIHEAR,
only when the World
Heritage Committee
started to discuss the in-
scription of this TEM-
PLE on the World Heri-
tage List in 2008.
This claim by Thailand
is based on a unilater-
ally drawn map that
does not have any legal
value.
In exerting its illegiti-
mate claims, Thailand
committed armed aggres-
sions against Cambodia on
three earlier occasions,
namely on 15 July 2008,
15 October 2008 and 3
April 2009 in the areas of
the KEO SIKHA KIRI
SVARA pagoda, VEAL
INTRY, PHNOM TRAP
hill and TASEM, all of
which are in the vicinity
of the TEMPLE OF
PREAH VIHEAR. These
aggressions resulted in
human casualties as well
as property damages, es-
pecially to the TEMPLE OF PREAH VIHEAR…
To be continued to page 3
P A G E 3
From page 2
In the face of these
blatant aggressions,
Cambodia has exercised
utmost restraint and
maintained great patience
in negotiating with Thai-
land to resolve the prob-
lem peacefully, in order
to avoid any large mili-
tary clash. However,
Cambodia’s efforts have
been in vain, because
Thailand is emboldened
by its larger and sophisti-
cated armaments.
It should also be re-
called that on 27 January
2011, in parallel with
Thailand’s military exer-
cise with heavy artilleries
along the border with
Cambodia, but in reality
a preparation for war,
Prime Minister Abhisit
Vejjajiva of Thailand
demanded that Cambodia
must remove its flag
from the KEO SIKHA
KIRI SVARA pagoda of
Cambodia near the TEM-
PLE OF PREAH VI-
HEAR, built since
1998. Three days later,
on 31 January 2011, he
stated that “The use of
force will be the last op-
tion....The Government is
not afraid of war with
Cambodia”. After a few
days, Thai army com-
mander General Prayuth
Chan-ocha also made a
similar statement that
“the use of force will be
the last resort”.
Again, on 6 February
2011, Prime Minister Abhisit Vejjajiva told
reporters that “I insist
that a troop withdrawal
as proposed by Cambo-
dia could not be done
since we have to main-
tain our right [over the
area] although it is risky
to have another clash”,
while Cambodia pro-
posed for a withdrawal of
troops by both sides
away from the border-
line, so as to avoid re-
newed armed confronta-
tion.
All these statements
in parallel with the
preparation for war con-
stituted a casus belli for
the February war against
Cambodia on 4,5,6 and
7. Even nowadays, ac-
cording to Thai media, as
all of you may know,
Thailand continues to
increasingly deploy
tanks, artilleries and sol-
diers along the Cambo-
dian border.
The repeated acts of
aggression against Cam-
bodia by Thailand violate
flagrantly the following
legal instruments:
1. Article 94.1 of the
United Nations’ Char-
ter concerning the obli-
gation of each member
of the United Nation to
comply with the deci-
sion of the Interna-
tional Court of Justice
in any case to which it
is a party.
2. Articles 2.3. and 2.4
of the United Nations’
Charter.
3. The Treaty of Amity
and Cooperation
(TAC) in Southeast
Asia, Article 2 , to
which Cambodia and
Thailand are parties,
provides for: Mutual respect for the independence, sov-ereignty, equality, terri-torial integrity and na-tional identity of all nations. Settlement of differ-ences and disputes by peaceful means.
Renunciation of the threat or use of force.
4. The Agreement
Concerning the Sover-
eignty, Independence,
Territorial Integrity
and Inviolability, Neu-
trality and National
Unity of Cambodia,
Article 2.2.c, 2.2.d, of
the Paris Peace Accord
in 1991.
Therefore, I earnestly
appeal to the Security
Council to take meas-
ures, in accordance with
Articles 35.1, 36, 39 and
94.2 of the United Na-
tions Charter, to stop
Thailand’s aggressions which have gravely en-
dangered peace and sta-
bility in the Region.
Pending a definite solu-
tion, the Royal Govern-
ment of Cambodia deems
it very necessary to have
UN observers or peace
keepers or at least a Fact
Finding Mission in this
area of the border to en-
sure that no fresh armed
hostilities break out
again.
Even though self-
restraint and efforts made
by Cambodia for a
peaceful settlement of
the conflict through bilat-
eral negotiations have
failed, Cambodia still
always aspires to a
peaceful solution,
through a regional frame-
work such as ASEAN, as
both Cambodia and Thai-
land are members of this
organization.
In case of non peace-
ful settlement of the con-
flict in spite of the good
offices of ASEAN, Cam-
bodia would like to pro-
pose that the UNSC re-
main engaged to look for
a definite solution in ac-
cordance with the U.N.
Charter.
The UNSC may also
refer this matter to the
ICJ for interpretation of
the judgment in 1962
according to Article 96.1
of the UN Charter, be-
cause the root cause of
the conflict resides in the
misinterpretation of the
ICJ judgment in 1962.
Thanks to the decision
of the UNSC early last
week to call for today
meeting, the Thai army
has eased the large scale
armed attacks against
Cambodia and agreed on
cease fire. My Govern-
ment wishes to take this
opportunity to express
our deepest gratitude to
all Council members for
this prompt action which
has greatly saved a lot of
lives and miseries not
only for the people of
Cambodia but also of Thailand.
Thank you !
P A G E 4
P A G E 5
To be continued to page 6
P A G E 6
From page 5
P A G E 7
To be continued to page 8
P A G E 8
From page 7
P A G E 9
To be continued to page 10
P A G E 1 0
From page 9
P A G E 1 1
To be continued to page 12
P A G E 1 2
From page 11
P A G E 1 3
To be continued to page 14
P A G E 1 4
From page 13
P A G E 1 5
To be continued to page 16
P A G E 1 6
From page 15
To be continued to page 17
P A G E 1 7
From page 16
P A G E 1 8
To be continued to page 19
P A G E 1 9
To be continued to page 20
From page 18
P A G E 2 0
To be continued to page 21
From page 19
P A G E 2 1
To be continued to page 22
From page 20
P A G E 2 2
From page 21
P A G E 2 3
The International Community Must Intervene to Help Cambodia Safe-guard
Preah Vihear Temple in the Wake of Thai Attacks
Now, more than ever,
the international commu-
nity must stand up, take
heed of the perils facing
Cambodia’s Preah Vihear
temple at the hands of the
Thai army. The interna-
tional committee has a
moral and legal obligation
to undertake this interven-
tion as it had jointly de-
cided to inscribe the 900-
year old monument as a
World Heritage site. This
is because, since the in-
scription of the temple in
July 07th 2008 during the
World Heritage Council
meeting at Quebec, Can-
ada, Thai forces had
staged repeated attacks in
and around the vicinity of
the world heritage, inflict-
ing irreparable damage to
the temple and its sur-
roundings.
Despite numerous
ceasefire agreements and
dialogue, Cambodia’s
Preah Vihear temple con-
tinues to be the focal tar-
get for Thai forces and
recalcitrant politicians to
divert attention of their
people away from their
domestic political issues.
Thai armed forces at-
tempts to invade Cambo-
dia and forcibly evict her
citizens from its own terri-
tory. This is tantamount to
a scorched earth policy as
Thai army firing has been
indiscriminate and delib-
erate, probably aimed at
discouraging the commit-
tee from discussing further
the development of the
Preah Vihear temple and
its vicinity in line with the
inscription of the said
temple to the UNESCO
World Heritage list.
Evidently, Thai sol-
diers had again, on Friday
and Saturday, launched
artillery bombardment
deep into Cambodia’s ter-
ritory at three locations,
all of which are within the
vicinity of the Temple.
Stern preventive measures
must be taken now with-
out delay to ensure that
Thai troops respect the
international cultural heri-
tage status bestowed on
the Preah Vihear temple.
The protection and safe
guarding of the temple
benefits not only Cambo-
dia but also its feuding
neighbor Thailand which
has defined the Interna-
tional Court of Justice
decision which clearly
warded the temple and its
surroundings to Cambodia
in1962. Thailand stands to
benefit from a peaceful
and safe Preah Vihear
temple in all aspects –
development of tourism
and economic activities as
well as people to people
exchange. Thus, it is very
important that the interna-
tional community moves
immediately to assist
Cambodia to ensure the
full and complete preser-
vation of the temple, one
which is free from dam-
ages caused by armed
conflict.
I, therefore, called on
the international commu-
nity to pay close attention
to the current armed
clashes provoked by Thais
to ensure that the Temple
will never ever be dam-
aged again by Thai gun-
fire. Thus the World Heri-
tage Committee should
call on all concerned par-
ties to set up an ADHOC
committee to work with
Cambodia and Thailand to
make sure that the Temple
will no longer be part of
the battle ground between
the two Asian nations.
I am deeply shocked
again after hearing that the
latest Thai attacks had
caused many serious dam-
ages to the Temple of
Preah Vihear as stated by
Cambodia’s –ministry of
foreign affairs.
* * * * *
To be continued to page 30
Phnom Penh, February 4,
2011—AKP.
The Thai army has
invaded Cambodia again
on Friday 4th February
2011 at 3pm (local time),
said Cambodian govern-
ment’s spokesman.
Cambodian armed
forces have been forced to
take aggressive defensive
measures to repel ap-
proximately 2000 invad-
ing Thai soldiers along six
points well inside Cambo-
dian territory.
The fighting erupted at
least 500 meters inside
sovereign Cambodian
territory at Sambouk
Khmum and Veal Entry
and spread to another four
locations.
Government spokes-
man Phay Siphan said
“although Cambodian
soldiers tried to negotiate
to stop the Thai soldiers
from invading Cambodia,
the Thai army kept mov-
ing deeper into Cambo-
dian territory and opened
fire without provocation
on Cambodian forces. We
have a right to self-
defense against the Thai
invasion to protect our
land.”…
Cambodian Army Fight to Repel Thai Invasion
P A G E 2 4
Cambodia Loses Trust on Bilateral Negotiations with Thailand
Phnom Penh, February
16, 2011 AKP –
Cambodia has already
brought the border issue
to the United Nations Se-
curity Council and
UNESCO as it lost trust
on bilateral negotiations
with Thailand.
National Assembly
President Samdech Akka
Moha Ponhea Chakrei
Heng Samrin said here on
Feb. 15 during a meeting
with H.E. Hoang Binh
Quan, Special Envoy of
Mr. Nguyen Phu Trong,
Secretary General of the
Communist Party of Viet-
nam (CPV) and Chairman
of CPV’s Commission for
External Relations.
In the meeting, Sam-
dech Heng Samrin briefed
his guest on the recent
Thai troops’ aggression
on Cambodia’s sover-
eignty and territorial in-
tegrity.
Samdech Heng Samrin
further expressed deep
thanks to the Vietnamese
government and people
for their support and assis-
tance to Cambodia in all
fields.
In reply, H.E. Hoang
Binh Quan informed Sam-
dech Heng Samrin of the
results of the 11th Con-
gress of the CPV and the
Vietnamese political strat-
egy 2011-2020 to develop
Vietnam to be a modern
industrial country.
During his stay in the
Kingdom from Feb. 13 to
15, H.E. Hoang Binh
Quan was received in a
royal audience by His
Majesty King Norodom
Sihamoni and paid cour-
tesy calls on Senate Presi-
dent Samdech Akka Moha
Thamma Pothisal Chea
Sim and Prime Minister
Samdech Akka Moha
Sena Padei Techo Hun
Sen.
He also met with H.E.
Say Chhum, Chairman of
the Standing Committee
of Cambodian People’s
Party Central Committee
and leaders of the FUN-
CINPE party. –AKP
* * * * *
To be continued to page 26
Cambodia’s Deputy Prime Minister Dr. Sok An tells British and Russian
ambassadors that the Thais used unconventional arms
PHNOM PENH, February
11 (PRU) –
Dr. Sok An told for-
eign diplomats late Friday
that Thai troops fired
rounds of unconventional
shells, comprising cluster
bombs and gas shells at
Cambodia’s soldiers dur-
ing their artillery battles
with Cambodia be-
tween 4- 7 February,
2011.
His Excellency Dr.
Sok An said that extremist
Thais, precisely the Yel-
low-Shirts, had pressured
Prime Minister Abhisit
V e j j a j iva to s end
Thai troops to dislodge
Cambodian villagers from vicinity of the temple of
Preah Vihear, which can-
not be accepted by Phnom
Penh.
“So the situation is
very dangerous now. We
can see Thai Prime minis-
ter Ahisit is working to
fulfill the Yellow-Shirt’s
demand to seize Cambo-
dia’s land,” he said in the
meeting.
Dr. Sok An cited Cam-
bodia’s military source
saying that Thai military
is building up 25,000
troops along the border
supported by more than
100 tanks and heavy
weapons.
“The situation is very
tough, very dangerous.
Nobody can tell when
Thailand will attack us
again,” Deputy Prime Minister told the two dip-
lomats who wanted to
learn more about the
Cambodia-Thailand bor-
der situation.
He said Thai had de-
stroyed Cambodia’s mar-
ket near the temple before
and now they are trying to
destroy Cambodia's terri-
to ry and proper ty
even more.
“ T h a i t r o o p s
have seriously dam-
aged our Preah Vihear
temple and a Buddhist
pagoda,” Dr. Sok An told
the diplomats.
He briefed the diplo-
m a t s a b o u t t h e
Thai aggression of attack-
ing Cambodia near the
Preah Vihear temple from
4 to 7 February, 2011,
killing 4 Cambodia’s
troops, one policeman, and 2 civilians.
At least 30 Cambodian
civilians were wounded
by direct bombardments
by the Thai army, he
said.
More than 3,000 fami-
lies comprising more than
10,000 displaced villag-
ers, many of whom are
are women and children,
have been displaced as a
result of Thai bombard-
ment of their villages,
said Dr. Sok An.
The Deputy Prime
Minister told Russian and
British ambassadors that
Cambodia has peti-
tioned the United Nations
Security Council (UNSC),
seeking the world body to
interpret the ICJ’s deci-
sion of 1962 and to send a
fact finding mission and or U.N military observers
to monitor the cease fire
in the area.
P A G E 2 5
The Judgment of the International Court of Justice ( ICJ )
In the Hague on 15 June 1962 (MAP included)
THE COURT.
by nine votes to three, finds that the Temple of
Preah Vihear is situated
in territory under the
sovereignty of Cambo-
dia;
finds in consequence,
by nine votes to three, that Thailand is under an
obligation to withdraw
any military or police
forces, or other guards or
keepers, stationed by her
at the Temple, or in its
vicinity on Cambodian
territory;
by seven votes to five, that Thailand is under an
obligation to restore to
Cambodia any objects of
the kind specified in
Cambodia's fifth Submis-
sion which may, since
the date of the occupa-
tion of the Temple by
Thailand in 1954, have
been removed from the
Temple or the Temple
area by the Thai authori-
ties.
See Map below:
* * * * *
P A G E 2 6
From page 24
Cambodia’s Deputy Prime Min-
ister Dr. Sok An tells British
and Russian ambassadors…
“This is the best means to
reduce tension and to
eliminate the war,” said
Dr. Sok An, adding that
“these actions meant that
there is no hostility to
either Thailand or Cam-
bodia.”
Cambodia also sought
ASEAN's role in settling
the border dispute with
Thailand. Cambodia has
sent a letter to UNESCO
who said they will send
its experts to assess the
damages sustained by the
Preah Vihear temple as a
direct result of the
Thai shelling.
The UN's legal institu-
tion, the International
Court of Justice (ICJ) had
in 1962 ruled that: the
Temple of Preah Vihear is
situated in territory under
the sovereignty of Cam-
bodia.
The court found that
Thailand is under obliga-
tion to withdraw any mili-
tary or police forces, or
other guards or keepers,
stationed by her at the
Temple, or in its vicinity
on Cambodian territory.
Thailand is under an
obligation to restore to
Cambodia any objects of
the kind specified in the
Cambodia’s fifth submis-
sion which may, since the
date of the occupation of
the Temple by Thailand in
1954, have been removed
from the Temple or the
Temple area by the Thai
authority, said ICJ’s Judg-
ment.
*****
P A G E 2 7
De la provocation à
l’affrontement : Cette
année du Lapin débute,
sans surprise, avec une
nouvelle agression mili-
taire thaïe contre le Cam-
bodge, agression bien
préparée sous forme de
provocations diverses
pour tester les réactions
cambodgiennes et prépa-
rer l’opinion publique à
l’idée –erronée- que c’est
le Cambodge qui est à
l’origine d’éventuelles
tensions entre les deux
pays. On se rappelle ain-
si l’arrestation, par les
autorités cambodgiennes,
des 7 civils Thaïs, dont un
chef des "chemises jau-
nes ", qui ont délibéré-
ment violé la souveraineté
territoriale khmère afin de
créer un incident déclen-
cheur de troubles. Puis
des provocations verbales,
suivies de menaces de
guerre avec renforcement
et exercices militaires le
long de la frontière, ont
été proférées par le PM
thaï. Ce dernier, sans ver-
gogne et avec une inso-
lente arrogance, déclarait
en substance, le 27 janvier
2011, que les environs du
temple de Preah Vihear
appartenaient désormais à
la Thaïlande et menaçait
le Cambodge d’une guer-
re si ce dernier n’enlevait
pas le drapeau national
khmer de la pagode
khmère, ne déplaçait pas
cette pagode en dehors de
la zone et n’expulsait pas
tous les habitants cam-
bodgiens vivant dans les
environs du temple. C’é-
tait une déclaration de
guerre ! Sous vraie ou
fausse pression de la rue,
il n’a pas hésité à récidi-
ver pour sa survie politi-
que. Ses forces armées
ont provoqué l’incident en
envoyant des engins
lourds pour ouvrir de nou-
velles routes en territoire
khmer et en direction de
Preah Vihear, avec l’in-
tention d’occuper militai-
rement le site et la zone
protégée. L’armée cam-
bodgienne a été acculée à
défendre son intégrité
territoriale autour du site,
mais également sur plu-
sieurs autres points de sa
frontière. L’artillerie
lourde thaïe est entrée en
action en bombardant les
villages khmers à 20 km
de la frontière, tout en
menant des attaques ci-
blées contre le temple de
Preah Vihear, patrimoine
protégé de l’UNESCO,
causant une nouvelle fois
de très sérieux dégâts.
Cette agression n’est pas nouvelle, mais la der-
nière d’une série d’agres-
sions et d’occupations
militaires depuis 1954. A
la demande du Cambod-
ge, la Cour Internationale
de Justice (CIJ) de la
Haye avait prononcé, le
15 juin 1962, un verdict
sans appel, reconnaissant
« que le temple de Preah
Vihear est situé relevant
de la souveraineté du
Cambodge » et « que la
Thaïlande est tenue de
retirer tous les éléments
de forces armées ou de
police ou autres gardes ou
gardiens qu’elle a instal-
lés dans le temple ou dans
ses environs situés en ter-
ritoire cambodgien ».
Malgré ce verdict et ses
retraits du territoire cam-
bodgien, l’armée thaïlan-
daise continuait, à plu-
sieurs reprises, à bombar-
der le temple et ses envi-
rons, objet de la saisine du
Conseil de Sécurité de
l’ONU par le Cambodge
en 1966. Plus récente
étaient cette agression et
occupation du 15 juillet
2008 suivies par des com-
bats du 15 octobre 2008
et du 3 avril 2009 pour
exprimer sa colère à l’en-
contre l’UNESCO d’avoir
inscrit le temple khmer de
Preah Vihear au patrimoi-
ne de l’humanité en 2008.
Cette nouvelle agression
en 2011 -et peut-être pas
la dernière- et ce mépris
affiché du droit internatio-
nal, sont preuve suffisante
que les autorités de Bang-
kok se comportent tou-
jours en conquistadores
envers le Cambodge.
Après plus de deux ans
de patience et de retenues
de la part du Cambodge
pour faire partir les der-
niers soldats d’occupation
thaïs de la région de Preah
Vihear, les ultra nationa-
listes irrédentistes thaïs ne
voient aucun intérêt au
retour à la normale et me-
nacent désormais de reti-
rer leur soutien politique
au PM thaï. L’enjeu est
donc de taille : les pro-
chaines élections en
Thaïlande étroitement
liées aux revendications
irrédentistes sur un
morceau de territoire du
Cambodge. Le risque est
gros pour le jeune PM : sa
réélection dépend de son
combat pour ce morceau
de terre cambodgienne. Il
n’a donc rien à perdre à
récidiver car chaque
agression thaïe contre le
Cambodge, au mépris de
tous les principes du droit
international et en viola-
tion de la Charte des Na-
tions Unies, reste impunie
et n’émeut guère certaines
grandes puissances qui
ont préféré regarder ail-
leurs, intérêts économi-
ques et stratégiques obli-
gent ! On se contente
alors de considérer que
"le confit frontalier" avec
le Cambodge n’est qu’un
pot d’échappement des
luttes politiques intestines
à Bangkok, et de laisser le
Cambodge, qui ne pèse
pas lourd dans leur balan-
ce, à ce mauvais sort. On
ne distingue plus qui est
l’agresseur et qui est
l’agressé.
Le Premier Ministre thaï récidice : nouvelle aggression militaire contre le Cambodge