Legal analysis: Thailand will find excuses to delay JBC; UN mechanisms slower than force

Journalists visit a location where the Thai military have placed containers to cut off access from Cambodian land, in Banteay Meanchey province. Supplied

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A prominent legal expert has shared his belief that only UN mechanisms can peacefully reclaim the territory occupied by Thailand; however, this process will consume significant time. The worst-case scenario would be waging war to retake it.

Lawyer Sok Sam Oeun took to social media today, January 25, to share his views.

He noted that if Thailand agrees to resolve the border dispute through the JBC (Joint Boundary Commission) or GBC (General Border Committee) mechanisms, it will mean agreeing to the terms of the 2001 and 2003 MoUs — specifically, that the border must follow the 1:200,000 Franco-Siamese map. Resolving the issue this way would require Thailand to return the seized land.

“However, I believe Thailand probably won’t agree to meet; they might delay, keep delaying or announce they no longer recognize [the agreements]. If that happens, who knows how many more years it will take. If we don’t want to wait, the only options are using ASEAN or United Nations mechanisms,” he said.

However, he noted that ASEAN mechanisms can only facilitate coordination. Unless the ASEAN chair is as astute as the Malaysian prime minister was — who knew how to involve the US — it will not be of any use.

He noted that utilizing United Nations mechanisms would involve the UN Security Council, the UN General Assembly, the International Court of Justice (ICJ) in The Hague, and/or the International Criminal Court (ICC).

Sam Oeun explained that using UN mechanisms requires expert persuasion and can take a long time.

“Another method, which could be fast but risky, is using military force to retake [the land] or launching an offensive into Thailand, similar to what Ukraine did. But to do this requires a lot of money, raising more troops, purchasing weapons, aircraft, and ships, having abundant ammunition and preparing for the long haul. And we must be confident that we can do it,” he warned.

“If Thailand is at a disadvantage against us, they will inevitably demand negotiations!” he added.

Following the December 27 ceasefire, the Thai military maintains a presence at 14 locations on Cambodian territory within Preah Vihear, Oddar Meanchey, Banteay Meanchey and Pursat provinces.

Their positions have not remained static as per the ceasefire conditions; specifically, they have bulldozed the homes of Cambodian citizens, and have placed razor wire and shipping container barriers to prevent the residents from returning.

-The Phnom Penh Post-