A former senior commander of the Khmer People’s National Liberation Front has warned the Cambodian government to exercise extreme caution in its border dispute with Thailand, saying Bangkok could take Cambodia to the International Court of Justice at any time, while Cambodia would have no legal right to file a counter case.
Chum Chheang, a former high-ranking military official from the former resistance movement, said Thailand retains the option to bring a territorial case before the International Court of Justice, known as the ICJ, whereas Cambodia is legally barred from doing the same.
Writing on his Facebook account on February 4, Chum Chheang cited Articles 34, 35, and 36 of the ICJ Statute, arguing that Cambodia has no standing to initiate legal proceedings against Thailand at the court.
He said this is because Thailand withdrew its declaration accepting the compulsory jurisdiction of the ICJ on January 3, 1970. Since then, he said, the court has had no jurisdiction over Thailand unless Bangkok gives its explicit consent.
By contrast, he argued that Thailand can file a case against Cambodia at any time because Cambodia continues to recognize the court’s jurisdiction. He cited Article 53 of the ICJ Statute, which allows a state to bring a case against another state that accepts the court’s authority, even if the applicant state itself does not participate in the proceedings.
Chum Chheang said Thailand has a long record of failing to comply with ICJ rulings, pointing to the 1962 judgment on the Preah Vihear temple and the court’s 2013 interpretation of that ruling. He said Thailand only withdrew its troops from the area after strong pressure from the United States, rather than out of respect for the court’s decisions.
He added that ongoing disputes over the areas surrounding the temple stem from the 1962 ruling, which clearly stated that Preah Vihear lies under Cambodian sovereignty but did not precisely define the surrounding territory. This, he said, allowed Thailand to selectively rely on the 1904 Convention and the 1907 Franco-Siamese Treaty, while later rejecting the 1910 Franco-Siamese map and related boundary markers, a disagreement that continues to fuel tensions today.
Chum Chheang also pointed to Article 36 of the ICJ Statute, arguing that recognition of the court’s jurisdiction does not guarantee protection of national sovereignty, but instead often reflects the balance of power between strong and weak states.
He noted that most countries worldwide do not recognize the compulsory jurisdiction of the ICJ. Among the five permanent members of the United Nations Security Council, only the United Kingdom continues to do so.
Following clashes with Thai forces in the Mum Bei area, the Cambodian government announced on June 4, 2025, that it had submitted a case to the ICJ concerning Mum Bei, Ta Moan Thom, Ta Moan Toch, and Ta Krabey temples. The filing was made on June 2, with officials saying it aimed to ensure a fair and impartial resolution with Thailand.
However, since that announcement, Cambodian authorities have not publicly revisited or updated the status of the case, even as Phnom Penh has repeatedly accused Thailand of territorial encroachment and past military occupation during two earlier conflicts.
The Cambodia Daily has not been able to reach government spokesperson Pen Bona for comment on the status of the case as of the time of publication.
