Temple of Preah Vihear, ICJ 1962 casualties with Cambodian forces & civilians, as well as to
the Temple itself.
Kingdom of Cambodia is submitting to the Court a request for The basis of Thailand’s protest did not involve territorial claim, interpretation of its Judgement of June 15, 1962 Pursuant to Art. 60 (before 2007), but simply the assertion that steps taken by the of statute of ICJ Cambodia & UNESCO were a violation of bilateral agreement Art. 60 The judgement is final & w/out appeal. In the event of dispute contained in the Memo of Understanding of June 14, 2000. But when as to the meaning/scope of the judgement, the court shall continue it the temple was declared a world heritage site, then the territorial upon request of any party. claim of Thailand emerged. Thailand’s understanding: - Case was limited solely to the region of temple - Boundary line in the area adjacent to the temple is still to be Historical Background: (BRIEF ONLY) determined The case was brought before the court in 1959 by the K. of - That this permits Thailand to occupy military troops that Cambodia who were provoked by the occupation of Thailand military area regardless of Judgement. forces since 1954 in a Cambodian Territory in the area of Temple. Cambodia is only seeking for explanation of real significance of the K. Cambodia asked the court to judge in favor of them. meaning & scope of its judgement. - that K. Thailand is under obligation to withdraw the detachments Faced with repeated attacks, Cambodia takes the view that only of armed forces it has stationed since 1954 in the ruins of the authentic & blinding interpretation by court of its own judgement can Temple. provide lasting peace & security in this region. - That the territorial sovereignity over the temple belongs to K. Cambodia ICJ INTERPRETATION in Court’s Ruling: K. Thailand asked to adjudge in favor of them declaring that the temple is in their territory. That Judgement of June 15, 1962 was manifestly worded with intention Court Ruled: of producing consequences & implications to the K.of Thailand. The court did - that the temple is situated in territory under sovereignity of not established different boundary from the one which already existed in the Cambodia map & did not draw it on the basis that the Temple belonged to the - finds in consequence, that Thailand is under an obligation to Cambodia BUT attributed to the sovereignity to Cambodia over territory in withdraw any military or police forces, or other guard which Temple is situated, because Cambodia already hold sovereignity over keepers, stationed at the temple, or vicinity of Cambodian that territory. Territory. There were numerous events which justified Cambodia’s present International law does not recognize nomadic frontiers. The territorial application such as: integrity of states & legal security demand that boundaries be - Oct 15, 1908 serious threats passed against Cambodia, precisely determined. To be sovereign means holding sovereignity when Thailand troops caused the frontier & caused death of over a specific territory which cannot be defined in a unilateral way. 2 Cambodian soldiers & 2 others injured. In the 2nd paragraph of 1962 Judgement, to withdraw Thailand troops - April 2009, in the immediate vicinity of the Temple, with the from the vicinity of Temple illustrates a general & continuing use of heavy weapons which destroyed the office of Preah obligation borne by Thailand to respect Cambodia’s sovereignity & Vihear authorities territorial integrity up to the frontier. - Also found a build-up of military forces near Temple. - Feb. 4-7, 2011, Thailand provoked further incidents, using heavy artillery & fragmentation shells which caused many