On 18 July 2011 at 17.30 hrs., Mr. Kasit Piromya, Minister of Foreign Affairs, gave a long distance press conference from The Hague about the order of the International Court of Justice (ICJ) regarding the request for the indication of provisional measures submitted by Cambodia in the case concerning the request for the interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Phra Viharn. Gist as follows:
1. The Foreign Minister summarized the provisional measures that were requested by Cambodia as follows: (1) an immediate and unconditional withdrawal of all Thai forces from those parts of Cambodian territory situated in the area of the Temple of Phra Viharn; (2) a ban on all military activity by Thailand in the area of the Temple of Phra Viharn; (3) that Thailand refrain from any act or action which could interfere with the rights of Cambodia or aggravate the dispute in the principal proceedings. Furthermore, the Foreign Minister summarized Thailand’s pleadings before the ICJ as follows: (1) the ICJ does not have jurisdiction to consider Cambodia’s request; (2) Cambodia’s request for the indication of provisional measures is not related to the interpretation of the term “vicinity”; (3) there is no urgency; and (4) the request is not balanced as Thailand would be the only party that is required to take action.
2. The Court made the following decisions:
2.1 It rejected Thailand’s request for the case introduced by Cambodia to be removed from the General List.
2.2 It ordered the following provisional measures:
(1) Thailand and Cambodia shall immediately withdraw their military personnel currently present in the provisional demilitarized zone, as defined by the Court, and refrain from any military presence within that zone and from any armed activity directed at it;
(2) Thailand shall not obstruct Cambodia’s free access to the Temple of Phra Viharn, or prevent it from providing fresh supplies to its non-military personnel;
(3) Thailand and Cambodia shall continue their cooperation within ASEAN and, in particular, allow observers appointed by that organization to have access to the provisional demilitarized zone;
(4) Thailand and Cambodia shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.
2.3 Thailand and Cambodia shall each inform the Court as to its compliance with the provisional measures (as specified in point 2.2).
2.4 The Court shall remain seized of the matters which form the subject of its order until it has rendered its judgment on Cambodia’s request for interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple.
3. Foreign Minister Kasit stated that he had already informed the Prime Minister of the Court’s order and had assigned the head of the Thai delegation attending the 44th ASEAN Foreign Ministers’ Meeting in Bali to inform the meeting of the Court’s order and to discuss the matter with the Indonesian Foreign Minister in his position as the ASEAN Chair.
4. Thailand has no objections regarding the ASEAN observer team entering the provisional demilitarized zone.
5. The Foreign Minister stated that Thailand respects the decision of the Court and would honour its obligations under the UN Charter. Thailand is satisfied with the Court’s order as it required both parties to take action whilst the Cambodia’s request had specified Thailand as being the only party to take action. The Court’s decision would not prejudice the Court’s judgment to be made concerning Cambodia’s request for the interpretation of the term “vicinity” of the Phra Viharn Temple. Furthermore, the Court’s order is consistent with Thailand’s long held position that Cambodia withdraws its troops from the area of the Temple of Phra Viharn and Wat Keo Sikha Kiri Svara, and for both sides to pursue discussions through existing bilateral mechanisms.
6. As for Thailand’s internal procedures, Foreign Minister Kasit said that the matter would be discussed amongst the Thai security agencies concerned and the Council of State would be asked to look into the issue of the present Cabinet considering the Court’s order. As for Parliament, the Court’s order would also be reported to the Senate Foreign Relations Committee.
For further information, please contact the Press Division, Department of Information, Ministry of Foreign Affairs, Tel.02-6435170, Fax.02-6435169, E-mail: div0704@mfa.go.th