Lwin Lwin Aung, 2016, IUJ
1.
Introduction
Nowadays, there
are many conflicts all over the world. They have different origins, different general
trends and different interests. Some conflicts are the result from economic interests
of the states, territorial invasions and transnational crimes like genocide,
discrimination based on race, gender, terrorism, and ethic cleaning. Conflicts
between states can be divided into four groups. These are geopolitik,
realpolitik, idealpolitik and kapitalpolitik conflicts[1]. The border conflict
between Cambodia and Thailand are the one of geopolitik conflict that based on
territories and borders. And also, this conflict is one category of interstate
conflicts.
2.
Research Questions
The border conflict between Cambodia and Thailand was
not only border conflicts but also a region issue on Southeast Asia region. And
also, these two countries are the member of ASEAN. These two countries tried to
gain a possible solution as quickly as possible. Therefore, I want to seek the possible
answer to the question: “How to solve the conflict between Cambodia and
Thailand by using the conflict resolution mechanism”. The purpose of this paper
is to analysis the conflict resolution mechanisms that used in this conflict.
In addition, the aim of this paper is to understand the relationship between
Cambodia and Thailand. And also, this paper wants to study the political
situation on both Cambodia and Thailand.
3.
Literature Review
In theory, there are seven conflict resolution
mechanisms for conflicts between two states. In this conflict, three mechanisms
among them were used to resolve on both parties and international
organizations. Firstly, "shared control: the parties decide to rule
together over the disputed resource" was applied due to bilateral
cooperation[2].
These two countries tried to resolve the border conflict with bilateral
cooperation that built some committee such as Joint Border Committee (JBC) and
Memorandum of Understanding (MOU). Secondly, "Leaving control to another
party" was not fully utilized. Both countries partially applied by
allowing the observers form ASEAN to provide good offices, conciliation and
mediation. Thirdly, "conflict resolution mechanisms such as arbitration,
the use of International Court of Justice (JCJ)" was mainly used to resolve
the conflict.
Pou
Sothirak, the author of “Cambodia’s border conflict with Thailand”, describe
that “the border dispute between Cambodia and Thailand has been entrenched by
the legacy of the past and the nationalism of the present”. And also, the
author writes that two countries tried to resolve the border conflict by using
bilateral, multilateral and regional cooperation[3].
4.
Background Information
The conflict areas are near the temple of Preah
Vihear. Especially, the northern and western areas of the temple had become the
most serious conflict in the current. The temple complex was built during
the 9th and 10th centuries CE under the auspices of the Khmer Empire. The
temple of Preah Vihear is located 525 meters up a rock escarpment of the
Dangrek Mountain, close to the Cambodian-Thai border[4]. The Temple itself is
approximately 800 meters in length and 400 meters wide. The Temple site is
about 400 km north of Cambodia’s capital Phnom Penh.
Under French colonial
control of Cambodia, the King of Siam (Thailand) and the President of French
Republic signed Franco-Siamese Convention of 1904 and Treaty of 1907[5]. According to 1904
agreement, Siam agreed to give up four provinces to France because these four
provinces were occupied by Cambodia in the past. And also, France returned to
give two provinces to Siam. These two provinces had been occupied by France at
that time. In 1907, France mapped the Siam-Cambodia border under the agreement
of Siam and France. Thereafter, Siam discovered the error when they made their
own survey in the 1930s. On other hand, Siam thinks that Preah Vihear temple is
theirs because the stairway for climbing to the temple is at Siam side. In
1949, Siam changed its name to Thailand. Cambodia got her independence from
France in 1953.
In 1954, Thai troops invaded and occupied Preah Vihear
because Thailand thought that the owner of Preah Vihear Temple is Thailand. And
also, its military troops deployed the border areas and the temple surrounding
areas. After five years later, Cambodia requested the International Court of
Justice for solving this conflict in 1959. Cambodia wanted to regain the temple
and border areas from Thailand. Firstly, the court gave an instruction to both
countries for removing their troops from conflict areas. In 1962, the ICJ decided
a judgment for border conflicts by reviewing the 1904 Convention and the 1907
boundary treaty between France (then ruler of Cambodia) and Siam (Thailand)[6]. ICJ which ruled in 1962
that, “the Temple of Preah Vihear is situated in territory under the
sovereignty of Cambodia”. After getting a decision, Thailand reluctantly agreed to hand
over the temple but continues to claim the surrounding area.
In 2008, Cambodia
requested the Preah Vihear temple to the World Heritage List that drawn up by
the UNESCO[7]. After successfully
listing the Preah Vihear temple in the World Heritage List, Thailand wanted to
remove this temple from World Heritage list. Moreover, the tensions between
Thailand and Cambodia increased and a number of armed incidents took place
within the disputed area. The threats of violence between the armies of Thai
and Cambodian focused on the sovereignty of the Temple surrounding areas.
5.
Conflict Resolution Mechanism
The root of the dispute was concerning the surrounding
areas of the Temple. The tension between Cambodian-Thai border are very high in
the 2008-2011. Within this disputed zone of 4.6 square kilometers armed
incidents caused the death of 20 soldiers and 3 civilians on the Cambodian
side, and 16 soldiers and 2 civilians on the Thai side, as well as numerous
wounded civilians and soldiers[8]. Even though the ICJ
awarded the Preah Vihear temple where it is located to Cambodia in 1962, ICJ
did not rule on sovereignty over the surrounding area of temple which has been
controversial between two countries.
On Cambodian side, Cambodia only recognizes the Annex I Map that drawn up by
France and Siam according to Franco-Siamese Treaties in which indicates a clear
boundary line between the two countries[9]. On Thai
side, Thailand relies on a unilateral produced map that unveiled at the World
Heritage Session in Christchurch, New Zealand in 2007 in which shows the area
of land claimed by Thailand. Three conflict resolution mechanisms can be
approached to this conflict[10].
5.1
Shared Control
Firstly, "shared control: the parties decide to
rule together over the disputed resource" was applied due to bilateral
cooperation. In the past, the relationships between Cambodia and Thailand
sometime are good and bad due to domestic politics of two counties. Cambodia
and Thailand are situated in Southeast Asia region. These two countries are
neighboring countries and also ASEAN member countries. In 1953, Cambodia gained
independence from France. After getting Cambodia’s independence, Cambodia
firstly started the diplomatic relations with Thailand. And also, Thailand was
the first country to recognize Cambodia as an independence state.
In the late 1950s and
early 1960s, Cambodia and Thailand relations had been strained because Thailand
and Vietnam began to actively support anti-Sihanouk groups[11]. Sihanouk was King of
Cambodia from 1941 to 1955 and also served as Prime Minister from 1993 to 2004[12]. In 1954, Thai troops
occupied the Preah Vihear temple. In 1959, Cambodia took the border issue to
the international court of Justice (ICJ) for resolving the Preah Vihear and
border dispute between them[13]. In 1962, ICJ decided
that the temple belonged to Cambodia and Thai troops leaved the temple and its
surrounding areas.
In June 2000, Memorandum
of Understanding (MOU) was signed by both countries. According to MOU, Joint
Border Committee (JBC) carried out the joint survey along the boundary of Thailand-Cambodia
in line with the important documents such as Franco-Siamese Convention of 1904
and the Treaty of 1907. JBC has not able to decide Cambodian-Thailand border
conflict due to the landscape of Dengrek mountain, that mountain occupied by
France and Siam over last 100 years, and the unfavorable conditions to
negotiate between both countries to proceed in good faith.
In 1997, the Asian Financial
Crisis started in Thailand. The impact of crisis was the rise of Thaksin
Shinawatra administration in Thailand. The relations between the Prime Minister
of Cambodia (Hun Sen) and Former Prime Minister of Thailand (Thaksin) were
amicable in political and economic cooperation. In 2006, the military coup
occurred in Thailand and Thaksin was ousted from power. Thaksin applied
Cambodia to asylum and Cambodia permitted Thaksin in living its country. Thus,
Thaksin served as economic adviser in Cambodia. Therefore, the relationship
between Cambodia and Thailand was more strain because of these factors. In
2008, Cambodia applied for the Preah Vihear Temple in the World Heritage list
drawn up by the UNESCO. After successfully listing the Preah Vihear temple in the
World heritage list, Thailand wanted to remove this temple from World Heritage
list. Thai military troops deployed near the temple and the dispute border
areas. Therefore, the relationship between Thailand and Cambodia was more
strained.
5.2
Leaving control to another party
Secondly, "Leaving control to another party"
was not fully utilized on this conflict between Cambodia and Thailand. In 2008,
Thai military troops deployed near the temple and the dispute border areas.
Cambodia requested a letter to the United Nation Security Council (UNSC) that
resolving the border conflict between Cambodia and Thailand. On 14 February
2011, UNSC President released a statement that the two countries must make a
permanent ceasefire in the conflict areas and tried to resolve with the
peacefully through dialogue process. And also, UNSC President encouraged these
countries to cooperation with ASEAN[14].
Therefore, Cambodia
requested ASEAN to provide good offices, conciliation and mediation for
conflicts within them. According to the ASEAN Charter of Articles 22 and 23,
disputing Member States have the option to request the Chairman of ASEAN or the
Secretary-General[15]. At that time, Indonesia
was the Chairman of ASEAN. President of Indonesia sent his Foreign Minister to
these two countries. Foreign Minister of Indonesia made a dialogue meeting with
the representatives of both countries.
In February 2011, the
chair of ASEAN sent an observer team of Indonesian to conflicts areas. First,
Cambodia and Thailand accepted to deploy an observer team on border conflict.
Thereafter, Thailand did not accept to deploy an observer team because there
was an election in Thailand. So, Thailand claimed that it would be difficult to
go the border. Frustrated by the lack of progress, Cambodia requested to ICJ in
April 2011 with the judgment of 1962 and other documents.
5.3
Conflict Resolution Mechanisms
Thirdly, "conflict resolution mechanisms such as
arbitration, the use of International Court of Justice (JCJ)" was mainly
used to resolve the conflict. In April 2011, Cambodia applied to ICJ for
resolving this conflict together with the 1904 and 1907 treaties of France and
Siam and an urgent request for the order of provisional measures. The ICJ accepted
the Cambodia’s request for concerning about the Preah Vihear Temple and the
border dispute between two countries.
At that time, the Court
made guidance to these two parties for withdrawing their troops from temporary
demilitarized areas. After getting an instruction from ICJ, Cambodia and
Thailand agreed to withdraw their troops from the surrounding areas of Temple. And
also, ICJ made an instruction that both parties permitted to enter an observer
team of Indonesia in July 2011[16]. These two parties accept
this instruction and allowed to enter an observer team to the conflict areas.
Moreover, ICJ
strengthened the role of ASEAN by making as a primary negotiator for resolution
of the conflict. In addition, these two parties should cooperate with ASEAN,
and needed to permit the observers from ASEAN in demilitarized zone. ICJ could
only make the interpretation of 1962 judgment. In August 2011, Yingluck
Shinawatra won the election in Thailand and served as Prime Minister of
Thailand. Cambodia Prime Minister Hun San and Thai Prime Minister, Yingluck made
the meeting to search a possible answer over the border conflict. In 2013, the
ICJ made a decision over the interpretation of the 1962 ICJ’s Judgment. The
court reaffirmed its first ruling that the temple is situated under Cambodia
administration and did not comment on the border conflict between Cambodia and
Thailand.
5.4
Probable Solutions of Conflict Resolution Mechanisms
The shared control depends on bilateral relation that
based on mutual confidence and trust building between these two countries.
Cambodia has been losing trust and confidence on the Thailand government. If
political and domestic policies of Thailand changed, the more negative impact
to bilateral relation of these two countries. The negotiation process between
two parties would be gained by the Join Border Committee (JBC) according to MOU
among them. But, the political elites of Thailand and Cambodia have used the
border dispute to promote nationalism in their respective domestic fronts[17]. While these countries
have long claimed to the Preah Vihear Temple and its surrounding areas, the
current border conflict had escalated as a result of domestic political
developments in both sides, especially in Thailand. In Thailand, political
transition and political turmoil increased a sense of its nationalism to
escalated border conflict. These two countries tried to learn a meaningful and
truly bilateral agreement.
Leaving
control under a third party such as the UNSC or ASEAN is more suitable and
necessary to resolve this conflict. The border conflict made a barrier to their
bilateral relations. And also this conflict made to destabilize the Southeast
Asia region and the destruction of reputation of ASEAN. The important role of
ASEAN is to prevent all conflict in the Southeast Asia region. The UNSC members
concerned that both parties cooperated with ASEAN in which tried to resolve
this conflict. Therefore, the Chairman of ASEAN supported and sent an observer
team to conflict area. But Thailand firstly did not accept the decision of
ASEAN and did not enter this observer team to its nation. At that time,
Thailand gave a reason for prohibition of an observer team to enter its nation
because of having an election in Thailand. Accordingly, ASEAN could not
successfully make the conflict resolution.
Finally,
if a country refuses to follow with the court judgment, the position of its international
image would severely damage. In addition, there would be the escalation of
border conflict into a large armed conflict, and affected on the peace and
stability of these two countries and also Southeast Asia region. For instance,
if the ICJ made a favorable outcome for Cambodia, Thailand refuses to the ICJ’s
judgment because Thailand will confront the domestic pressure of its
nationalism. If the ICJ made a favorable outcome for Thailand, Cambodia faced
the reactions of its national people and it will made the unstable condition to
its nation. However, these two parties accept the judgment of ICJ in 1962 and
2013. The ICJ’s judgment described that Cambodia have territorial sovereignty
only over the temple of Preah Vihear. But the ICJ did not give any decision
over the surrounding areas of the temple. The ICJ encouraged both parties to
resolve this conflict with the cooperation of ASEAN and UNSC.
Conclusion
Since 1950s, the Thailand-Cambodia diplomatic
relations shifted simply the change of domestic politics and international
balances of power. The positive relations were the best result that was similar
types of regime, shared interests and security strategies. The change of regime
in two countries trended to get negative relations between them and to escalate
the tension of border conflict. In this conflict, the conflict resolution
mechanisms such as arbitration and the use of International Court of Justice (ICJ)
was mainly used to resolve the conflict between Cambodia and Thailand. And also,
bilateral and regional approach to this conflict was partially used in this
conflict. All used of conflict resolution mechanisms will made best solution
for Cambodia-Thailand border conflict. The border conflict will make the
negative impacts to the bilateral cooperation between them. Moreover, the
tension between Thailand and Cambodia has threatened peace and stability in the
Southeast Asian region. As already mentioned above, the border conflict between
Cambodia and Thailand was not only a border conflict between both countries but
also a regional security issues on ASEAN countries, so a possible solution need
to gain as quickly as possible. Therefore, these two countries tried to
cooperate with ASEAN, UNSC and ICJ tried to resolve the border conflicts.
References
1.
Kasetsiri,
Charnvit. March 2003. “Thailand and Cambodia: A Love-Hate Relationship”. Kyoto
Review of Southeast Asia. Issue 3: Nations and Other Stories
2. Raymond, Greg. 2014. “Thai-Cambodia relations one year
after the ICJ judgement” (La Trobe University)
3. Lam-Plattes,
Tamara. The temple torn between two nations:
A legal and political analysis of the on-going conflict over the Preah Vihear temple
on the Cambodian-Thai border. University of San Francisco School of Law
4. Rand, Nelson. (March-April,
2011). Nationalism & the
Thai-Cambodia border bonflict. Asian conflicts reports. Issue 16
5. Sothirak, Pou.
“Cambodia’s border conflict with Thailand”, Southeast Asian Affairs 2013
6. Yoosuk, Ubonwan.
Ming-Yan, Tsai. The Thai-Cambodian border
dispute and its implications for ASEAN. National Chung Hsing University,
Taiwan R.O.C.
7. Pawakapan,
Puangthong. (Sep 2013). (Sep 2013). Can
the ICJ ruling end the dispute between Thailand
8. World Heritage
Committee. “Decisions adopted at the 31st Session of the World
Heritage Committee”. Christchurch, 2007
9. Chongkittavorn, Kavi. 2014. “Thai-Cambodian relations:
Doing it right”
10. Ngoun, Kimly. 2012. “Thai-Cambodian Conflict rooted in
history”. ANU.
11. Pratruangkrai, Petchanet. 2015. “Cambodia agree to
strengthen cooperation in trade and investment”
12. Cambodia/Thailand:
Reacting to Rumors
13. Thailand and Cambodia: one more, with feeling
14.
www.asean.org
.
[1]
Professor N. Kumagai (Spring 2016) International Conflict Resolution lecture
notes: Conflict between states.
[2]
See also Professor N. Kumagai (Spring 2016) International Conflict Resolution
lecture notes: Conflict between states.
[3]
Sothirak, Pou. “Cambodia’s border conflict with Thailand”, Southeast Asian
Affairs 2013, p. 87.
[5] Sothirak,
Pou. “Cambodia’s border conflict with Thailand”, Southeast Asian Affairs 2013,
p. 91.
[6]
Pawakapan, Puangthong, " Can the ICJ ruling end the dispute between
Thailand and Cambodia?", LSEAS perspective, 26 Sep 2013.
[7]
World Heritage Committee. “Decisions adopted at the 31st Session of
the World Heritage Committee”. Christchurch, 2007.
[9]
Relationship between Cambodia and Thailand over the temple
(accessed June
10, 2016)
[10]
See also, Relationship between Cambodia and Thailand over the temple
(accessed
June 10, 2016)
[11]
Pratruangkrai, Petchanet. 2015. “Cambodia agree to
strengthen cooperation in trade and investment”
[13] Raymond,
Greg. 2014. “Thai-Cambodia relations one year after the ICJ judgement” (La
Trobe University)
[14] Security Council
Press Statement on
Cambodia-Thailand Border Situation, 14
February 2012, http://www.un.org/News/Press/docs/2011/sc10174.doc.htm
(accessed June 7, 2016)
[16] Raymond, Greg. 2014. “Thai-Cambodia relations one year
after the ICJ judgement” (La Trobe University)
[17] Yoosuk,
Ubonwan. ( 2013). The Preah Vihear
Temple: Roots of Thailand-Cambodia border dispute. p.7
အလြန္ေကာင္းတဲ့ စုစည္းထားမႈမ်ားပါ ခင္ဗ်။ စာတမ္းမ်ားရဲ႕ မူရင္းေဖာ္ျပခဲ့တဲ့ ေနရာေလးမ်ားပါ ပါရင္ ပိုေကာင္းမယ္ ထင္ပါတယ္။ က်ေနာ့ စာမ်က္ႏွာမွာလည္း အၫႊန္းေလး တင္ထားေပးပါတယ္။
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