PM wants parliament to debate troop move

Bangkok Post

August 16, 2012

The Yingluck Shinawatra administration will ask parliament to decide whether Thailand should comply with the International Court of Justice's order to withdraw troops from the disputed area near Preah Vihear temple.

The aim is to free the government from making sensitive decisions that could affect the relationship between the administration and the armed forces, according to a government source.

The issue is expected to be considered at a cabinet meeting soon, the source said. If the idea is endorsed, the cabinet will forward the issue to parliament for its consideration. "We are still optimistic that within this four-month parliamentary session, the issue should get a debate. It's a matter that all sides should be jointly responsible for," the source added.

On July 18, 2011 the ICJ ordered both Cambodia and Thailand to immediately withdraw troops from the Provisional Demilitarised Zone, an area covering roughly 17.3 sq km.

Military officers and diplomats have been at odds over whether to comply with the ICJ's ruling.
Sources say the military's stance has not changed, although communication and coordination with political leaders have improved.

Military brass will not withdraw the troops unless landmines are fully removed in a joint effort with the Cambodian side, sources say. But this condition is widely understood to be impossible to achieve.
The military's position, essentially, is that the ICJ has no jurisdiction in Thailand, so compliance is unnecessary.

The Yingluck administration's decision to send the issue to parliament for consideration is a wise move, added the government source, who has knowledge of the cabinet's proceedings.

No matter which way the debate turns out, the administration can distance itself from the decision if necessary, the source added.

One year after the ICJ ruling, Thailand and Cambodia began "redeploying" troops. The two countries replaced their soldiers with border police in disputed areas on July 18 this year as a first step to comply with the ICJ's order.

The move allows both countries to show to a certain extent that they have complied with the court ruling, as the two countries prepare for oral arguments in front of the ICJ at a hearing on April 15, 2013. Cambodia's gesture to pull out its troops was announced during the 45th Asean Ministerial Meeting in Phnom Penh in early July.

On July 13, Prime Minister Yingluck followed suit and made a similar commitment with Cambodian counterpart Hun Sen on the sidelines of the US-Asean Business Forum in Siem Reap.

In fact, the cabinet had resolved on Oct 18, 2011, based on the advice of the National Security Council, to comply with the ICJ order.

But since then the government has been bogged down with other political issues such as flood rehabilitation, conflicts on reconciliation bills, and the charter amendment issue.

Defence Minister Sukumpol Suwanatat and Foreign Minister Surapong Tovichakchaikul have had a hard time convincing the military to follow the ruling Pheu Thai Party's line that the matter should be decided by parliament. In a coordinated series of efforts, diplomats have been wining, dining and golfing with the military in recent weeks to press home that message, sources told the Bangkok Post.

Diplomats are trying to ensure that not only the military, but also academics and the media adopt the same line to help defend Thailand's position at the ICJ oral hearing next year.

Still, a military source involved in the issue said the military saw no merit in rushing the deal unless Cambodia offers some real concessions.