Preah Vihear on a knife-edge

Bangkok's worries are justified, as Cambodia's Foreign Ministry lodged a complaint with the Thai embassy in Phnom Penh on Saturday, listing allegations including a Thai military aircraft violating its airspace near the border.

The Thai Foreign Ministry immediately rebutted the allegations, saying Thailand has fully adhered to the code of conduct governing the border dispute by not flying its aircraft near the border. Bangkok also sent a letter to Phnom Penh to clarify its position.

The disputed border area near Preah Vihear Temple has been relatively calm since the last armed conflicts on April 28 in Surin's Kap Choeng district.

The clashes peaked on Feb 4-7 when soldiers exchanged gun and rocket fire at Phu Makhua in Kantharalak district in neighbouring Si Sa Ket.

Another clash in the sensitive area could affect the world court's decision on the Preah Vihear issue, which now rests with the ICJ judges in The Hague.

On April 28, Cambodia sought a reinterpretation by the ICJ of the court's border verdict in 1962.

Back then, it ruled that Preah Vihear was on Cambodian soil, so Phnom Penh now wants to clarify whether the ruling also included the land surrounding the 11th century Hindu temple. The process would likely take up to two years if the court decides to take up the case.

The Cambodian government also requested the court to issue urgent provisional measures, calling for Thailand to withdraw troops from the disputed territory, to cease military manoeuvres in the area and other activities which could affect Cambodia or the court process.

This led to the oral hearing by the two countries in The Hague on May 30-31.

One issue which the judges could take into account before coming up with the ruling on the injunction is the current level of safety at the border.

A judge sitting on the world court has sought additional information about the border situation during and in the wake of the clashes to aid his decision. That reflects his concern about the situation on the ground.

Thailand believes the airspace intrusion allegations were a tactical ploy by Phnom Penh to create a tense atmosphere and give weight to its injunction request in the court.

"This is a sensitive period for the court," said Foreign Ministry spokesman Thani Thongpakdi.

"[Any further border violence] might influence the court while the judges are considering the provisional measures."

Thailand is confident it can fend off Cambodia's bid to have provisional measures put in place by stressing its sincerity by fully and unconditionally cooperating with the court on the 1962 verdict, and also emphasising consistency in trying to solve the land border issue with Cambodia through negotiations in the Joint Boundary Commission, which is shaped by the memorandum of understanding signed by both countries in 2000.

Director-general of the Legal and Treaties Affairs Department Ittiporn Boonpracong said the evidence presented by the Thai team at the oral hearing last month was solid, although Thailand would never underestimate the Cambodian side.

"Now everything is up to the court and Thailand is ready to cooperate fully," Mr Ittiporn said.

Cambodia's decision to take the Preah Vihear issue to the ICJ underlined its determination to cease bilateral talks.

Phnom Penh's patience is running thin after attempts to conclude the management plan surrounding the temple became bogged down.

Preah Vihear was awarded world heritage status in 2008 but the process cannot be completed until the management plan is approved.

Thailand insists on demarcating the land boundary in the area first before moving to discuss how the two countries will manage the area.

But Cambodia's bet is not totally safe. If the court refuses to take up the request for reinterpretation of the 1962 verdict, it could force Cambodia back to the bilateral table, as it will have nowhere else to go.

Bangkok Post