Thailand's case to ICJ years in the making

June 4, 2011
Source: Bangkok Post

Senator for Phitsanulok Phikulkaew Krairiksh, who chairs the Senate committee on foreign affairs, has played a key role in finding a solution to the Thai-Cambodia border dispute.

She was involved in preparations to defend the country's position at the International Court of Justice (ICJ) after Cambodia asked it to interpret its 1962 ruling on sovereignty over the disputed land near Preah Vihear temple.

Phikulkaew: Worked away quietly

The panel has studied the border conflict for some time although its work has gone unreported by the media.

Ms Phikulkaew discussed the panel's work with NAUVARAT SUKSAMRAN.

What has the panel done to help the Thai legal team which gave testimony to the International Court of Justice?

Ambassador [to the Hague] Virachai Plasai assessed the situation and believed the issue would eventually end up with the ICJ.

The ambassador came under political pressure and asked to be transferred to The Hague. That happened to be the right move as he helped to prepare the country's legal team.

It took more than two years to put together the legal team and gather all the necessary information, but we worked together quietly.

Why hasn't the panel tried harder to bring information to the public? People have been fed confusing information about Preah Vihear that raised fears that Thailand would lose territory.

We might have run into problems had details of our preparations and information to be presented to the court been released. The lawyers could have been lobbied [by the other side].

The government in 2003 supported Cambodia's unilateral bid to register the Preah Vihear temple as a world heritage site.

However, the cultural side of the issue must also be taken into account. People on both sides of the border have been crossing back and forth for a long time. They are so culturally related they are almost like family.

Nobody ever thought that we would one day have to be separated by fences. This is about civilisation and all sides learning to live together in harmony.

The Preah Vihear issue also concerns the internal affairs of both countries. It is a game to woo voters and to maintain the hold on power by politicians in Cambodia.

The committee has presented the information it collected to the French senate. What was the result?

When we provided them with the information, they seemed to have more understanding. Apart from France, we have also explained to lawmakers of other countries which are members of Unesco and the ICJ. Most of them agree with the committee's position that Thailand and Cambodia should jointly develop the temple and the disputed areas surrounding it.

However, they said Thailand had done too little to explain the issue to foreign organisations.

So what should we do?

This is our weakness. Cambodia is better prepared to put its case to the world. The government must set up a central agency comprising representatives from all the agencies concerned to explain the issue to foreign countries.

How do you think the International Court of Justice will rule?

This is a fresh move by Cambodia to complete the listing of the Preah Vihear temple as a world heritage site.

Cambodia is acting with a new determination and new ambition.