Thailand does not recognise the jurisdiction of the International Court of Justice (ICJ) in the land dispute with neighbouring Cambodia.
The government issued its second statement on Thursday regarding the Thailand-Cambodia border situation, saying that since the recent clash in the Chong Bok area on May 28, both sides have discussed and agreed to use existing bilateral mechanisms to resolve the issue.
These include the Joint Boundary Committee (JBC), the Thai-Cambodian General Border Committee (GBC) and the Regional Border Committee (RBC).
This was the result of discussions between the army commanders of the two sides on May 29.
"Cambodia has stated its intention to involve the International Court of Justice. Thailand has not recognised the compulsory jurisdiction of the ICJ since 1960. Thailand and Cambodia already have existing bilateral mechanisms to address these issues, which has been the agreement from the beginning," according to the statement.
The most important issue at hand is that both sides must focus solely on addressing and resolving the incident and avoid expanding it further, as it will add unnecessary complexity.
The statement added that the government does not want to see either party in the conflict suffer losses, especially since the border negotiations carried out through the existing mechanisms — particularly the JBC — have yielded positive results.
"Thailand stands ready to resume the JBC process on June 14 [in Phnom Penh] and hopes that Cambodia will demonstrate the corresponding willingness to engage in a manner that reflects our shared commitment to peace, stability and mutual respect," according to the statement.
On Monday, the government of Cambodia formally submitted a case to ICJ to resolve longstanding border disputes with Thailand concerning four sensitive areas: Ta Muan Thom, Ta Muan Toch and Ta Kwai in Phanom Dong Rak district of Surin and part of the “Emerald Triangle” in Nam Yuen district of Ubon Ratchathani.
The decision follows a fatal border clash on May 28, in which a Cambodian soldier was killed by Thai forces, according to a Cambodian government statement.
The Cambodian government cited the need for a fair, peaceful and lasting resolution, with the move receiving unanimous approval from Cambodia's First Joint Congress of the National Assembly and Senate.
While pursuing the case, Cambodia reaffirmed its commitment to bilateral dialogue and will host a border demarcation meeting on June 14, though the four disputed areas will be excluded from the discussion.
Defence Minister Phumtham Wechayachai reiterated on Thursday that the cabinet’s resolution dated March 19, 2024, clearly states that Thailand does not recognise the jurisdiction of the ICJ in this matter.
Thailand will hold an urgent meeting of the National Security Council (NSC) on Friday to determine appropriate countermeasures, including the possible closure of border checkpoints, following reports that Cambodian troops have advanced about 200 metres into no-man’s-land along the border in Ubon Ratchathani.
“There is no current issue that necessitates intervention by the ICJ,” he said, adding that if Cambodia chooses to pursue action via international legal channels, it is within its rights, but Thailand is under no obligation to comply.
“We remain firmly committed to our stance. The ICJ holds no authority to compel Thailand."
Mr Phumtham, who also serves as a deputy prime minister, said the talks will be confined strictly to the area currently in dispute, with no expansion to other areas.
“If the situation does not improve, it could lead to increased tensions,” he said. “We have contingency plans in place. Discussions are ongoing, and if further action is necessary, we will not hesitate to implement it.”