The international court of justice’s Preah Vihear temple

5.  1904 – According to 1904 agreement, the border would follow the
watershed between the countries
 1907 – Thai-Cambodian border was mapped by the French on behalf of
a bilateral border commission (Annex I map) (the temple is placed in
Cambodia)
 That year, Thailand’s prince Damrong accepted the map for
official.(previously maps has been communicated to the siam’s
members of Mixed Commission,who said nothing)
 1930 – Thai authorities made their own survey on the site, finding the
error.
 1940 – French colonial government refused to comply and fighting
broke out along the border (French-Thai War)
 7/12/1941 Pearl Harbor and Invasion of Thai by Japanese Army
 21/12/1941 – Japanese-Thai Alliance
 1953 end of french colonialism in Indocina and independence of
Cambodia
 1954 - Thai forces occupied the Temple of Preah Vihear
 1962 – Judgement of 15 June 1962 - ICJ

6. “The Court,
 Finds in consequence, that Thailand is under an
obligation to withdraw any military or police forces,
or other guards or keepers, stationed by her at the
Temple, or in its vicinity on Cambodian territory;
and
That Thailand is under an obligation to restore to
Cambodia any objects which may, since the date
of the occupation of the Temple by Thailand in
1954, have been removed from the Temple or the
Temple areae by Thai authorities”

7.  Thailand withdrew forces from temple
Barbed wire fence divides the Temple ruins from the
rest of the promontory Preah Vihear(Council of
Ministers of Thailand)
 1970 Cambodia’s civil war and Viet-Cambodia’s
war
 1992 first tourists access to the Temple
 2007 Cambodia requested that UNESCO inscribes
the site of the Temple of Preah Vihear
 2008 Thai suggested joint management of the site,
Cambodia refuses.
 2008 World heritage committee inscribes the site
of the temple of P.V. on World Heritage list

9.  July 15 2008 – cross-border tensions:
protestants attempt to plant Thailand’s flag near
the temple and arrest of Thai people.
 16 July 2008 deployiment of Cambodia’s troops
to ensure order and sovereignty of the territory.
 2008 -2011 Thai-Cambodia troops clashes.
 28 April 2011 Cambodia filed request of
interpretation of the judgement of 1962.
 11 Nov.2011 The interpretation of the 1962
Judgment

10.  Art.60 of the Statute(of the ICJ)
 “The judgment is final and without appeal; and
In the event of dispute as to the meaning or scope of the
judgment, the Court shall construe it upon the request of any
party”
The existence of a dispute
1. Court did or did not reconize the annex I map costituting the
border?
2. Meaning of “situated in territory under the sovereignty of
Cambodia and it’s vicinity on the cambodia’s border
3. Thailand’s obligation to withdraw from the area of the temple
and its vicinity on cambodian territory

11. Art.98
Paragraph1: “in the event of dispute as to
the meaning or scope of a judgment any
party may make a request for its
interpretation”
Paragraph 2 (Rules of the Court, requires
a party to indicate in its request for
interpretation)“the precise point or points in
dispute as to the meaning or scope of the
judgment”

12.  Art. 48 Cdt - Vienna Convention on the Law of Treaties
 Paragraph 2