Icj On Preah Vihear Between Thailand And Cambodia History Essay

The universe today has many struggles, and they have different beginnings. Some struggles are the consequence from multinational offenses such as terrorist act, race murder and ethic cleansing. In add-on, economic involvements of the provinces are besides other causes of the struggles, for illustration South China struggle. Beside this, political involvements are other chief causes, for case, The United States ‘ invasion of Iraq. Different spiritual belief can besides do struggles. Last but non least, territorial invasions are besides the most of import causes of the universe ‘s struggles, for illustration the struggle between Cambodia and Thailand over Preah Vihear temple.

Before get downing to look into the deep issue of the Preah Vihear temple between Cambodia and Thailand, First, we need to clearly understand about its brief history and every bit good as its strategic location. The temple was constructed long before the existing of Angkor Wat temple by the three Khmer male monarchs, King Yasovarman I, King Suryavarman I and King Suryavarman II. Furthermore, Preah Vihear temple served as the topographic point for worshipping of the Hindu Gods during the 7th to 9th century. Furthermore, Preah Vihear temple is located in Svay Chrum Village, Kan Tout Commune, Choam Ksan District, on the mountain rank of Dang Rek. This mountain has really steep side from Cambodia and gently inclining side from Thailand. We have to go for 405 kilometre from Phnom Penh to the country. Areas environment Preah Vihear temple and the temple itself can function as a strategic location for both states ( Vutha, 2006 ) . Long history of the war between the two states led to the uncertainness of who has the right to claim the temple as its ain national ‘s hoarded wealth. However, in 1962, ICJ decided that Preah Vihear temple is belonged to Cambodia due to the Franco-Siamese Mixed Commission ( Pakdeekong, 2009 ) . Unfortunately, Thailand has rejected the determination and still claimed to be the proprietor of Preah Vihear temple due to Siam-Franco Treaties. As a consequence, it led to the tenseness among the two parties. In add-on, after Preah Vihear temple became universe heritage, the tenseness between the two states grew high. As a consequence, weaponries clangs between the two states were happened ( Touch, 2009 ) .

Root of the Problem

During earlier Gallic Colonial period, in Gallic Colonial period and Japan Occupation, the district environment Preah Vihear temple and Preah Vihear temple were owned back and Forth by the two provinces. Therefore, the chief root of the Thailand and Cambodia struggle is the competition of going the proprietor of Preah Vihear temple. The root is classified into two of import periods, during Prince Sihanouk ‘s disposal and during Prime Minister Hun Sen ‘s disposal.

In 1959 Prince Sihanouk sent the instance of the Preah Vihear Temple to the ICJ. As a consequence, after the few old ages of working, ICJ eventually declared that the Preah Vihear Temple is belonged to Cambodia. The declaration said that Preah Vihear temple is situated in Cambodia district and Thai forces had the duty to retreat from the district. Furthermore, Thai governments have to reconstruct the sculpture, stelae, and fragments of memorials, sandstone theoretical account and ancient clayware during the Thai business in the country since 1954 ( ICJ, 1962 ) . However, Thai authorities did non accept the solution of the ICJ over the instance. She claimed that the map, Annex I, which show the frontier that show Preah Vihear temple is in Cambodia district was a error, and it was non the production of the assorted committee. Furthermore, the map did non demo the existent watershed line, the index to demo the boundary line of the boundary line. Tai authorities used the ground that it had accepted the map because it mistaken believed that the frontier in the map was corresponded with the watershed line. However, the ICJ rejected the Thai authorities grounds and still decided that Preah Vihear temple is belonged to Cambodia for several grounds. More significantly, the determination of the ICJ was based on the false to respond of the Thai authorities during the clip that the maps were created. Tai authorities had asked the Gallic governments to make the maps to demo the boundary line of the boundary line and so the Gallic governments did as the petition through the French assorted committee officers. As the maps had been created, the Annex I every bit good as other maps was sent to the Thai governments in Bangkok, Thai members in the assorted committee, Thai interior curate “ Prince Damrong ” , and provincial curates who were cognizant of the Preah Vihear temple. However, they did non hold any reaction. Furthermore, during class of dialogue for the 1925 and 1937 Franco-Siamese Treaties, dialogue to corroborate the bing frontiers, Thai authorities still did non respond. And in 1947 in Washington before the Franco-Siamese Conciliation Commission, Thai authorities besides had no reaction. It was demoing that that map was of course accepted by the Thai authorities. In add-on, since there was no reaction, for many old ages the maps were acquiesced. As a consequence, the Thai authorities could non utilize the ground that the maps were a error nor had an mistake. As a consequence, the Preah Vihear temple was decided to belong to Cambodia in 1962. After 1962, Cambodia was confronting the political instability and every bit good as the tenseness from the cold war period, both Cambodia and Thailand were temporarily ignores the Preah Vihear Temple. However, the issue of Preah Vihear Temple was risen once more in 2008 when Cambodia had put Preah Vihear Temple to go a universe heritage in July 7th, 2008 ( Thearith, 2009 ) .

Under Prime Minister Hun Sen authorization, Preah Vihear Temple were become universe heritage and there was a immense jubilation inside the state. On the other side, Thai nationalist protested about the connection of Preah Vihear Temple, since they still assumed that the temple is belong to Thailand and every bit good as the encircled country. Furthermore, the resistance party in Thailand used the chance to assail the Prime Minister Samak Sundaravej ‘s disposal in the ground that Samak ‘s disposal failed to claim the Preah Vihear Temple but support the fall ining the Preah Vihear temple as the universe heritage. Therefore, the delicate Samak ‘s authorities had no pick but lower down the public force per unit area over its disposal by drew public attending to the boundary line of the Thailand and Cambodia. As a consequence, another major starting of the struggle since the temporarily ignorance was from during the arrestment of the three Thai subjects illicitly crossed the wire fencing into Preah Vihear temple on July 15, 2008 by Cambodia constabularies. In respond, Samak ‘s authorities sent 100 black-clad military personnels to Cambodia to speak about the releasing of the arrested Thai people. Furthermore, Thai military personnels were sent to the country of Preah Vihear temple and the encircled country that include the pagoda name Keo Sikha Kirisvarak by utilizing the accuse that those countries are in the Thailand ‘s district. In respond, Kampuchean authorities besides sent military personnels to the countries for the fact that Thai military personnels violated the Cambodia ‘s sovereignty. As a consequence, more and more military personnels from both sides were sent subsequently. Consequently, the confrontation of the armed military personnels from both sides led to the concern of the possible arm clang between the two parties and however, it was happened several times in the countries and every bit good as the other boundary line countries.

Challenges in Solving the Conflict

The Cambodia-Thailand boundary line difference over the Preah Vihear temple and environing countries was prolonged since 2008 until now, despite the several bilateral dialogue efforts. Even though, there were several meetings between leaders of both states, the difference is still continue and can non make the terminal. However, the meetings could at least settle down the tenseness on both authoritiess. By looking through the different challenges that both authoritiess faced can pull the ground of the prolonging of the difference and the failure of work outing the difference bilaterally.

Government of Cambodia was confronting several challenges and political force per unit area from Thailand. Kampuchean authorities had to pull immediate attending to the invasion of Thailand after its jubilation of the connection of Preah Vihear temple to the universe heritages list. As known from the local intelligence and universe intelligence several arm clangs between the two states had occurred and caused several dead and injured. In fact, in early 2009, approximately 100 Thai soldiers entered the difference countries caused the tenseness to turn high. In same twelvemonth, about few hebdomads subsequently in April there was arm clang between the parties. Consequently, one Kampuchean small town was wholly destroyed, Preah Vihear temple was damaged, and several injures ( Legal Analysis of The Events of 3 April 2009 that Resulted in the Destruction of a Village and Damage to the Preah Vihear Temple, 2009 ) . The tenseness between the two grew even more. Therefore, Kampuchean authorities had to reconsider Thailand as its old enemy. Some bilateral understandings were besides suspended by Thailand, for illustration memoranda of understanding that governed the waterway shared by the two states. Furthermore, Thailand closed the boundary line with Cambodia several times and caused the economic activities between the two states to halt. More significantly, several hebdomads ago Thai public media reported that Thai Prime Minister agree to utilize of force for the option for the boundary line difference. And once more, Thai gave another menace to the Cambodia ‘s security. In respond, Prime Minister of Cambodia sent a missive to the United Nations and asked for the consideration to the Thai ‘s menace to Cambodia. However, it had turned out that Thailand reject the claim and state it was the failure of the Thai media study. Even though Thailand rejected, Kampuchean authorities still maintain in head of the Thai menace. In return, Kampuchean authorities purchased more military arms and vehicles from the European Country. As a consequence, Cambodia authorities felt itself as the victim of Thai domestic struggle since Thailand authorities was non demoing the attempt to work out the difference but protracting. In add-on, the rejecting of ASEAN ‘s aid over the difference could function as the ground for Cambodia authorities to believe so.

Thailand besides faced several challenges from its domestic political relations and Cambodia. After the putsch to subvert Thaksin ‘s disposal, Thailand faced serious political instability and had no pick but to utilize the difference between Cambodia to quiet down its domestic tenseness. Tai authorities had to confront several presentation made by the Red Shirt or UDD ( United Front for Democracy against Dictatorship ) . In April 7 this twelvemonth, Thailand was stated as exigency by its authorities since the Red Shirt stormed the parliament in Bangkok ( Staff, 2010 ) . It was demoing the fact that Thailand had a really limited clip to work out the boundary line difference with Cambodia. Despite the tenseness on the arm clangs, Thailand was to a great extent pressured by the Government of Cambodia due to the fact that Government of Cambodia assigned Thaksin to be its economic adviser. Furthermore, Kampuchean authorities rejected the extradition raised by the Thai authorities for the Thai runaway, Thaksin ( O’toole & A ; Sokheng, 2009 ) . In respond, Thailand decided to retreat its embassadors from the Thai embassy located in Phnom Penh, Cambodia and besides closed the boundary line to demo the sadness of Thai authorities over Cambodia authorities ‘s determination. In return, Thai authorities was pressured even more when Cambodia besides dismiss its embassadors from Kampuchean embassy in Thailand, and Kampuchean authorities said that it would censor all the Thai merchandises in Cambodia if Thailand continue to shut its boundary line with Cambodia. Economically, Thailand was the 1 that will be suffered the most if the boundary line closed and all Thai merchandises banned. Therefore, Thailand had no pick but to open the boundary line as normal. Nevertheless, Thailand was experiencing ashamed. Recently, Thailand had to experience another shame after Cambodia internationalize by directing the missive to the United Nations utilizing the ground that Thailand endanger Cambodia by the usage of force. Thailand is the 1 that rejected the determination of ICJ, and was the 1 that start the difference so Thailand has to bear even more shame ( Chachavalpongpun, 2010 ) .

Both states had encountered several arm clangs and responsible for coercing each other. Those activities were truly damaging the bilateral relationship between the states. Consequently, it leads the common misgiving between the two and causes the slow the procedure of work outing the difference. The go oning of Thai political instability besides determines the inability to work out the difference bilaterally in the short term tally. Therefore, United Nations and ASEAN should play of import function in supplying declaration to the difference ( Legal Analysis of The Events of 3 April 2009 that Resulted in the Destruction of a Village and Damage to the Preah Vihear Temple ) .

International Intervention and Solution

ASEAN consists of 10 states in Southeast Asia except East-Timor. Therefore, Cambodia and Thailand is of class the ASEAN member. The different between the two is that Thailand is one of the former provinces of the ASEAN whereas Cambodia is merely the later-join state. Similar to United Nations, ASEAN besides prioritize the of import of peaceable mean in work outing the struggles. Despite the ulterior articulation of Cambodia in 1999, Cambodia at first had confident on this regional establishment that it more or less effectual plenty to assist work outing the struggle. That is why Kampuchean authorities proposed to the ASEAN for the “ ASEAN Inter-Ministerial Group ” that includes Singapore, Indonesia, Laos, and Vietnam. However, the thought was turn down by the Thailand side, that Thailand prefers bilateral talk. Subsequently on, Cambodia had no pick but to inquire the bigger establishment, United Nations, to assist cover with the issue. That demoing the fact that ASEAN, as the regional establishment who seeking to follow the manner of European Union, could non make anything but delay and see or useless. After several arm confrontation happened, some ASEAN members, Indonesia and Malaysia, were seeking to assist as the go-between for Cambodia and Thailand, but Cambodia, with the loss of trust in ASEAN before, turned down the offer. As a consequence, ASEAN was lending no attempt to work out its member ‘s struggle at all but merely cut down the effectivity of the establishment for the universe to see and its member to experience ( Thearith & A ; Vannarith, 2009 ) .

Talking about United Nations, Cambodia thought that after the ASEAN, the United Nations was another hope for Cambodia against the bigger opposing Thailand. However, Kampuchean propose to the UNSC was once more turn down despite the support of Vietnam and France. UNSC advices Cambodia to first seek to work out the struggle in bilateral manner. As consequence, Cambodia once more was losing the confident on the United Nations. Without aid of ASEAN and United Nations, Cambodia has no pick but to utilize the manner of bilateral talk with its opposition Thailand. There were several meeting among the two but they were still sing as useless despite the some little betterment in bilateral relation. Without aid, the issue will take longer clip to work out and Cambodia authorities has to pass more on its national security and continue to fear menace from Thailand.

Future Positions and Possible Solutions

The struggle between Cambodia and Thailand will take longer to complete. It would go on its prolonging, and it is non like to be solved shortly. One of the grounds is about the deficiency of assurance between both Cambodia and Thailand. The old clangs and menace or troubles that both parties did to one another contribute to the longer clip needed for doing both parties to swear each other once more. Furthermore, Kampuchean authorities is seemed to lost religion in the assisting of ASEAN in the struggle due to several failures of ASEAN in effort to work out the struggle. For United Nations, Cambodia still wonder about the side that United States took since Thailand is one of the old confederations of the United States during the cold war. The fail of seting the struggle to UNSC, made Cambodia start to no longer rely on international aid but bilateral talk, despite the current easiness of the struggle during the visiting of United Nations ‘ secretary general, Ban Ki Moon, in Cambodia. Thailand side, the xanthous shirt is no longer functioning as the protagonist for the current Thai authorities, but it is organizing a new leader to back up. Despite the longer clip in work outing the struggle, both parties should set more attempt in work outing the struggle whether bilateral or many-sided. Both Cambodia and Thailand should see the aid from ASEAN and United Nations one time once more. For some fortunes, bilateral talk is non effectual like many-sided talk. Even though, there were some failures of both ASEAN and United Nations, but they are still considered as the two best relevant mechanisms in covering the struggle in the part of Southeast Asia. The composure of the state of affairs and recent visiting of the secretary general of the United Nations could take to the improving of the relationship among Cambodia and Thailand. Both authoritiess should see more on cultural exchange plan in order to promote the relation of the both adjacent states. The more understanding among one another can take to the least likely of the struggle to go on. Last but non least, both authoritiess should seek to short out any possible solutions in covering with the issue every bit shortly as possible for the economic intent, since Preah Vihear Temple and the environing countries can outdo service as one of the tourer finishs.