Thailand must respect ICJ

Thailand must respect ICJ

There is a lot of trepidation surrounding today's reading of the Preah Vihear verdict at the International Court of Justice. The ICJ will assemble this afternoon for what one hopes will be the last time on this issue. Since both countries have agreed to put the problem before the ICJ, they have no option except to accept the legal decision and move ahead.

Both governments must make it clear they will not tolerate any hot-headed attempt to inflame the border issue or international relations.

Some of the tension is because there is no hint of what the court will say. The judges were asked, by Cambodia, to address the problem of land immediately surrounding the temple. The 4.6 sq km _ about 3,000 rai _ is claimed by both countries. It was the ICJ itself that created the problem. Its 1962 ruling to give temple ownership to Cambodia made no mention of the adjacent land.

As legal analysts and the government have stated many times, there are numerous possible verdicts today. One is to simply toss out the case on the basis that the court has no jurisdiction. At the other extreme, an equally terse ruling could simply award the contested area to one or the other country. This is essentially what it did in that 1962 ruling, an all-and-nothing verdict that gave everything to Cambodia, nothing to Thailand. The judges could also come up with myriad "compromises" or Solomonic-type rulings.

There is no possible verdict, however, which will satisfy every Thai and every Cambodian, and therein lies the problem. Already last week, pretend-patriots and nationalists were posturing in Bangkok and in the Thai-Cambodian border regions. The very busy Chaiwat Sinsuwong tried to lead two dozen fellow Thai Patriots Network members to the home of Prime Minister Yingluck Shinawatra. The group has demanded the government refuse to recognise the ICJ.

Properly, the premier has waved off such extremist views. Ms Yingluck and the government have done almost everything exactly correctly in this case. It appointed a brilliant legal team under the capable Virachai Plasai, ambassador to the Netherlands. It has repeatedly called for calm. Ms Yingluck, other ministers and the military have stepped up contacts with their Cambodian counterparts to ensure everyone is on the same page.

There is one problem. Whereas Prime Minister Hun Sen and Foreign Minister Hor Namhong of Cambodia have agreed to accept the court's decision, the Thai team has not taken that step. Thailand has pledged to stay calm, consult Cambodian officials and remain in full communication with Phnom Penh and border units. That is not the same thing as accepting the court's decision and abiding by it.

The government claims it is in a difficult position, and one easily sees the problem. Thailand should not close off the possibility of an egregious court decision. But by refusing to state it will accept the court's decision this afternoon, the government is effectively showing disrespect for rule of law.

It is too late to equivocate. This government itself agreed to put the temple issue before the ICJ one more time. It must also agree to live with the consequences.

By refusing to get entirely behind the ICJ's verdict, the government is playing into the hands of the self-styled patriots. They want to make trouble, and they threaten possible violence. It is possible the ICJ will disappoint Thailand again today with its temple verdict. But the country survived the last injustice, and, in the name of respecting rule of law, it can easily survive another.

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