On 11 November 2013 at 21.05 hrs., Mr. Sihasak Phuangketkeow, Permanent Secretary of the Ministry of Foreign Affairs briefed the press on the International Court of Justice’s ruling on the request for the interpretation of the 1962 case concerning the Temple of Phra Viharn, gist as follows:

The ICJ read its ruling on the request for the interpretation, by which Cambodia claimed that the two countries held differing opinions regarding the vicinity of the temple; Cambodia being of the view that the vicinity should be in accordance with the international boundary line in the 1:200,000 scale map that Cambodia attached in its submission in the 1962 case.

The main points of the ruling are:

1.      The Court accepted Cambodia’s request for interpretation only on issues where it saw divergent views between the parties, and agreed to interpret only what is within the scope of the original Judgment.

2.      The Court did not rule on the boundary line but ruled only on the sovereignty over the temple of Phra Viharn and the scope of its vicinity. This ruling is consistent with Thailand’s legal arguments. The Court did not rule in favor of Cambodia’s request for the vicinity to encompass a 4.6 sq.km. area, and did not rule that the 1:200,000 scale map is binding on Thailand as indicating the Thailand-Cambodia boundary line.

3.      The Court ruled that the vicinity of the temple was a very small area, and explained that the scope of the vicinity was limited only to the Phra Viharn promontory and did not include Phu Makhua. Thailand and Cambodia would have to discuss the details of the scope of the temple’s vicinity.

4.      The Court advised Thailand and Cambodia to cooperate in conserving the temple of Phra Viharn as a World Heritage site.

Following the reading, the Prime Minister of Thailand gave an initial statement on the Court’s ruling, being of the view that the significance of the ruling is that it provides for Thailand and Cambodia to negotiate as neighbors. The Prime Minister has ordered a working committee, chaired by the Permanent Secretary for Foreign Affairs, to study and analyze the details of the ruling and consult with the legal advisors before presenting its recommendations for the Government to take into account when considering how to proceed. The Permanent Secretary reiterated that in negotiating to find a mutually agreeable solution, the Thai side must comply with Thai constitutional procedures.

Regarding the question of the vicinity of the Temple as described by the ruling, the Permanent Secretary explained that the Court has indicated the scope of the vicinity as clearly excluding Phu Makhua. The Court ruled that the vicinity of the temple of Phra Viharn has been under the sovereignty of Cambodia since 1962. In the present ruling, the Court clarified the scope of the vicinity, which meant that Cambodia can no longer claim the 4.6 sq.km. area as being part of the original judgment.

On the timeframe for negotiations regarding the ruling, the Permanent Secretary said that discussions between Thailand and Cambodia will take place after the Thai side has thoroughly studied the ruling, and once both parties are ready, negotiation can be conducted through existing bilateral mechanisms.

**************************************

11 November 2013