Bangkok: Director-General of the Treaty Department has advised Cambodia to file a lawsuit with the International Court of Justice regarding the dispute in four areas. Ultimately, only the principles will be considered. The Director-General emphasized the necessity of local-level discussions to demarcate the border, noting that Thailand has not recognized the court's authority since 1960. He pointed out that before Cambodia proceeds with a lawsuit, negotiations with all involved parties should occur, as it involves more than just two people.
According to Thai News Agency, Mr. Benjamin Sukanjanatti, Director-General of the Department of Treaties and Laws, shared the outcomes of the Joint Boundary Commission (JBC) meeting between Thailand and Cambodia. He stated that Cambodia had submitted the issues of the four disputed areas to the International Court of Justice, bypassing the JBC meeting. Mr. Sukanjanatti quoted Mr. Prasarn Prasarnvinitchai, Chairman of the JBC from the Thai side, expressing regret that the bilateral mechanism was still active and progressing. Currently, the government has not received an official notification from Cambodia or the International Court of Justice. The Royal Thai Embassy in The Hague is closely monitoring the details of Cambodia's petition and its jurisdictional basis. The department has a team ready to manage the situation, with international legal consultants providing advice.
Mr. Benjamin mentioned that for the World Court to consider a case, both parties must agree to it. However, Thailand, like 118 other countries, has not accepted the World Court's authority since 1960. As a result, the dispute resolution must be carefully considered in terms of the nature of the dispute and its implications for each country's sovereignty. He described the situation as "regrettable."
He emphasized that before approaching the International Court, both parties should first agree. It is not just about two entities going to court, but establishing a framework for doing so. In this case, Cambodia presented the issue publicly instead of consulting with the Thai government. He described this as a missed opportunity for open dialogue. The MOU 2000 explicitly states in Article 8 that if there is an issue with the interpretation or enforcement of the MOU, consultation, discussion, or negotiation must occur first. Therefore, Cambodia's actions skipped essential steps.
Additionally, the UN Charter stresses the importance of dialogue and other mechanisms before resorting to court if parties cannot reach an agreement. In this instance, no discussion occurred at the JBC meeting regarding the issue.
"The border issue is a technical matter, involving costs and manpower. Therefore, results won't be immediate, and it could take years or even a decade. Typically, when the International Court makes a decision, it adheres to principles and allows the parties involved to work out the details independently. There is no escaping border demarcation using existing bilateral mechanisms. We ask that you stick to the facts. We have a legal framework and MOUs ready for implementation. Finally, I emphasize that we have effective bilateral mechanisms, including JBC, GBC, and RBC. Therefore, I urge the Cambodian side to utilize these tools first," concluded Mr. Benjamin.