International Court of Justice:

The International Court of Justice’s docket kicked off this morning with the Cambodian Advocates Goral and Naves Anzaldo and Thai Advocate Staus presenting their oral arguments in the Temple of Preah Vihear case. The Temple Preah Vihear sits in the Dangrek mountain range on the border between Cambodia and Thailand – with both States laying claim to it. The question before the Court is whether the Temple of Preah Vihear belongs to Cambodia or Thailand.

The applicant, Cambodia, argued the border between Cambodia and Thailand was established by the Mixed Delimitation Committee created by the 1904 Franco-Siam Treaty. This line would place the Temple of Preah Vihear in Cambodia. Cambodia further argued this border has been submitted and accepted without protest by Thailand.  

Thailand, as respondent, acknowledged the creation of the Mixed Delimitation Committee by the 1904 Franco-Siam treaty, but countered that the border could not have been officially approved by both governments as the last meeting of the committee occurred before the Dangrek mountains were surveyed. Further, Thailand argued the temple grounds were always part of Thai territory and they have asserted administrative and military control over the area in the forms of taxes and regulations.

The Justices questioned both parties as to whether Thailand’s lack of objection regarding the border should or should not be construed as approval of the border. Cambodia was asked to give examples of direct control asserted by Cambodia in the region and Thailand was asked why Thai armed forces were moved into the Temple area only after Cambodia achieved independence.

Thailand conveyed the importance of the temple not only culturally, but also as a pilgrimage destination. Cambodia stated it is not just about the territory, but the meaning of the temple in the identity of Cambodia itself.

Read the Court’s opinion here.