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ICJ Ruling on Thai-Cambodian Dispute

ICJ Ruling on Thai-Cambodian DisputeThe International Court of Justice (ICJ) ruled today that both Thailand and Cambodia should pull their troops out from the site of an ancient Hindu temple and establish a demilitarized zone around its ruins in order to facilitate negotiations to finally end the long-standing spat between the two countries. The 11-5 ruling from the judges on the court has been adduced by some observers to be a win for Cambodia, as Phnom Penh had instigated the request of the ICJ to mediate the dispute. However, Thailand’s Foreign Minister Kasit Piromya, Bangkok’s representative at the court in The Hague, Netherlands, stated that he was satisfied with the decision.

As I wrote last week in an article that appeared in The Diplomat, this dispute between Thailand and Cambodia centers around Preah Vihear, the 11th century Hindu temple located along the border of the two countries. A 1962 ICJ ruling gave sovereignty of the temple to Cambodia, a point Thailand does not debate. Thailand, however, claims the land surrounding the temple.

It was a relatively benign issue since the initial ruling, but the conflict took on heightened significance in 2008. The ratcheting up of hostilities coincided with large scale street protests in Thailand organized by the People’s Alliance for Democracy (“Yellow Shirts”), the ultra-nationalistic collection of royalists, socialites, and oligarchic elites who successfully toppled an opposition-led government and politicized the temple dispute into a matter of national pride. Thailand’s passive reaction to the ICJ’s decision, amalgamated with the PAD’s abysmal showing in the country’s elections earlier this month, likely connotes that the conflict will retreat back into relative obscurity.

The new Pheu Thai government, led by soon-to-be Prime Minister Yingluck Shinawatra, will come into office in August. Relations between Thailand and Cambodia are on track to improve significantly due to the political transition in Bangkok. Yingluck’s brother, former Prime Minister Thaksin Shinawatra, briefly served as an economic advisor to Cambodian Prime Minister Hun Sen in 2009, a move that damaged relations between Phnom Penh and Bangkok even further. Moreover, Cambodian Foreign Minister Hor Nam Hong remarked after the recently concluded Thai elections that, “it’s true, we can’t hide that we are happy with the victory by Pheu Thai Party in Bangkok.”

Students of applied international relations know that a ruling from the ICJ becomes international law, although there is no enforcement mechanism to ensure compliance. It is not anticipated in this case that either Thailand or Cambodia will disregard the court’s judgment.

 

Author

Tim LaRocco

Tim LaRocco is an adjunct professor of political science at St. Joseph's College in New York. He was previously a Southeast Asia based journalist and his articles have appeared in a variety of political affairs publications. He is also the author of "Hegemony 101: Great Power Behavior in the Regional Domain" (Lambert, 2013). Tim splits his time between Long Island, New York and Phnom Penh, Cambodia. Twitter: @TheRealMrTim.