ICJ Opinion: Temple of Preah Vihear, Cambodia v. Thailand

The International Court of Justice delivered their opinion in the Temple of Preah Vihear tonight. The Court was asked by Cambodia to determine ownership of the ruins of Temple Preah Vihear, and if Thailand is required to remove their armed forces from the Temple. After careful consideration of the evidence and arguments presented by both parties, the Court found the border drawn by the mixed delimitation commission to have been accepted by Thailand. Thailand’s participation in the mixed delimitation commission and silence regarding the border persuaded the Court to rule in Cambodia’s favor. “Typically, the Court would refrain from finding silence as a binding agreement to a treaty or a proposed map agreement. However, in this case it would appear that Thailand was actively complacent in the 1907 map created by the mixed commission.” Case concerning the Temple of Preah Vihear, Judgment of 21 November 2021 p2, 42-43. The Court found Thailand’s arguments that the border should follow natural landmarks and barriers and their claim of administrative control to not be persuasive. 
Therefore, the Court found: “Cambodia shall have full possession and sovereignty over the disputed area. . . there shall be adequate time given to the Thai troops stationed within the region to leave. . . the border shall be drawn to the specifications of the 1907 Mixed Commission report” ibid p 3, 97-101 Additionally the Court recommends and advocates for the free movement of citizens from both parties to the temple and a continuation of bilateral cooperation between the parties to resolve disputes.

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