On 10 May 2012, Mr. Surapong Tovichakchaikul, Minister of Foreign Affairs, together with Mr. Virachai Plasai, Ambassador to the Hague as Agent of the Kingdom of Thailand in the Case concerning the Request for Interpretation of the Judgment of the 1962 case concerning the Temple of Phra Viharn, gave a press conference on the progress of the case as follows :

Earlier on 10 May, Prime Minister Yingluck Shinawatra held a meeting with Thailand’s international legal advisors with a view to ensuring a common understanding on the case between both Thai and foreign legal advisors as well as other relevant security agencies. Also present at the meeting were the Deputy Prime Minister for Security Affairs, the Minister of Foreign Affairs, the Minister of Defence, the Chief of Defence Forces, Commanders in Chief of the Royal Thai Army, the Royal Thai Navy, and the Royal Thai Air Force, as well as the Deputy Secretary-General of the Council of State, the Permanent Secretary for Foreign Affairs, and the Director–General of the Department of Treaties and Legal Affairs. 

The Minister of Foreign Affairs stated that the legal advisors gave details on the background and the progress made on the case to the meeting. The meeting also exchanged views on legal and other relevant matters. In the afternoon of the same day, the Committee Representing Thailand in the Case Concerning the Temple of Phra Viharn would meet to discuss and explore possible approaches to the case. With regard to the implementation of the provisional measures, the Minister of Foreign Affairs reiterated that both countries have to comply with the Court’s order. The Thai Government is aware that all actions taken must be in accordance with Article 190 of the Constitution in which the Prime Minister instructed all relevant agencies concerned to be observant.

Meanwhile, the Ambassador to the Hague (Thailand’s Agent), added that the above-mentioned meeting with the Prime Minister has yielded two important results :

1. It was the first time that the Prime Minister directly conveyed the Government’s policies to the legal advisors, sending a strong signal of commitment of the Government to resolve the matter. The meeting was also a good opportunity for high-level government representatives, civil servants, military, and legal advisors to exchange views and information which would be beneficial for Thailand in dealing with the case so that information about the situation on the ground would also be comprehensively taken into account.

2. The meeting also discussed the judicial process of the case regarding Cambodia’s request for the interpretation of the judgment which on 30 – 31 May 2011 the ICJ held an oral hearing regarding the request for the provisional measures. On 18 July 2011, the ICJ announced its order for both countries to redeploy their military personnel out of the provisional demilitarized zone. At present, both sides are discussing ways to implement the said provisional measures.

With regard to Cambodia’s request for the interpretation of the judgment concerning the Temple of Phra Viharn, the Thai side submitted its Written Observations to the ICJ in November 2011 and Cambodia subsequently submitted its Written Explanations on 8 March 2012. In this connection, the Court has set a deadline for Thailand to submit its written explanations by 21 June 2012. The Thai side is currently drafting its Written Explanations which would be submitted to the Court before the deadline. The Court would then consider how to proceed with the case after the submission of Thailand’s Written Explanations. The Thai side expected the Court to call for another hearing with the final decision expected in 2013.

In response to reporters’ enquiries regarding the outcome of case, Ambassador Virachai responded that there could be several scenarios. However, it would be more beneficial not to look at the case as a win or lose situation but rather as an attempt by both countries to resolve existing problems on the basis of international law and restore good neighbourliness in a peaceful manner, paving the way for the promotion and strengthening of bilateral relations for the benefit of the peoples of both countries. 

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10 May 2012