Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)


OVERVIEW OF THE CASE

On 28 April 2011, the Kingdom of Cambodia submitted to the Court, by an Application filed in the Registry, a Request for interpretation of the Judgment rendered by the Court on 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand). In that Judgment, the Court had ruled that “the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia” and that “Thailand is under an obligation to withdraw any military . . . forces . . . stationed . . . at the Temple, or in its vicinity on Cambodian territory”. In 2008, on Cambodia’s request, the Temple was included on the list of World Heritage sites by UNESCO. Following that inclusion, several armed incidents took place between the Parties in the frontier area close to the Temple. On the same day that it filed its Application, Cambodia, stressing the urgency and the risk of irreparable damage, also filed a Request for the indication of provisional measures. In its Order of 18 July 2011 on that Request, the Court ruled that it could exercise its power under Article 41 of the Statute and indicated provisional measures requiring, among other things, both Parties to withdraw their military personnel from a “provisional demilitarized zone” surrounding the Temple, as defined in the Order.

In the Judgment delivered by it on 11 November 2013, the Court concluded that there was a dispute between the Parties as to the meaning and scope of the 1962 Judgment. The Court then turned to the interpretation of the 1962 Judgment. It noted that the principal dispute between the Parties concerned the territorial scope of the second operative paragraph, namely the territorial extent of the “vicinity” of the Temple of Preah Vihear.

The Court considered that, in view of the reasoning in the 1962 Judgment, seen in the light of the pleadings in the original proceedings, the second operative paragraph of the 1962 Judgment required Thailand to withdraw from the whole territory of the promontory of Preah Vihear any Thai personnel stationed on that promontory at the time. Accordingly, the Court found that the term “vicinity on Cambodian territory” had to be construed as extending at least to the area where a police detachment had been stationed at the time of the original proceedings. It subsequently identified and defined the limits of that area.

The Court then examined the relationship between the second operative paragraph and the rest of the operative part. It considered that the territorial scope of the three operative paragraphs is the same: the finding in the first paragraph that “the Temple of Preah Vihear is situated in territory under the sovereignty of Cambodia” must be taken as referring, like the second and third paragraphs, to the promontory of Preah Vihear.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

28 April 2011
Procedure(s):Provisional measures
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Oral proceedings

Verbatim record 2011/13 (bilingual version)
Public sitting held on Monday 30 May 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Procedure(s):Provisional measures
Available in:
Translation
(bilingual version) Translation
Verbatim record 2011/14 (bilingual version)
Public sitting held on Monday 30 May 2011, at 4 p.m., at the Peace Palace, President Owada presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Procedure(s):Provisional measures
Available in:
Translation
(bilingual version) Translation
Verbatim record 2011/15 (bilingual version)
Public sitting held on Tuesday 31 May 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Procedure(s):Provisional measures
Available in:
Translation
(bilingual version) Translation
Verbatim record 2011/16 (bilingual version)
Public sitting held on Tuesday 31 May 2011, at 5 p.m., at the Peace Palace, President Owada presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Procedure(s):Provisional measures
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/1 (bilingual version)
Public sitting held on Monday 15 April 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/2 (bilingual version)
Public sitting held on Monday 15 April 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/3 (bilingual version)
Public sitting held on Wednesday 17 April 2013, at 10 a.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/4 (bilingual version)
Public sitting held on Wednesday 17 April 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/5 (bilingual version)
Public sitting held on Thursday 18 April 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation
Verbatim record 2013/6 (bilingual version)
Public sitting held on Friday 19 April 2013, at 3 p.m., at the Peace Palace, President Tomka presiding, in the case concerning the Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand)
Available in:
Translation
(bilingual version) Translation

Other documents


Orders


Judgments


Summaries of Judgments and Orders

Summary of the Order of 18 July 2011
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Summary of the Judgment of 11 November 2013
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Press releases

2 May 2011
Cambodia files an Application requesting interpretation of the Judgment rendered by the Court on 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand) and also asks for the urgent indication of provisional measures
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19 May 2011
Request for interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Request for the indication of provisional measures - The Court to hold public hearings on Monday 30 and Tuesday 31 May 2011
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31 May 2011
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) - Conclusion of the public hearings on Cambodia's Request for the indication of provisional measures
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7 July 2011
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Request for the indication of provisional measures - The Court to deliver its Order on Monday 18 July 2011 at 10 a.m.
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18 July 2011
Request for interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Request for the indication of provisional measures - The Court finds that both Parties must immediately withdraw their military personnel currently present in the provisional demilitarized zone defined by it, and refrain from any military presence within that zone and from any armed activity directed at that zone
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5 December 2011
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - The Court authorizes the Parties to furnish further written explanations
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29 November 2012
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Court to hold public hearings from Monday 15 to Friday 19 April 2013
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27 March 2013
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v.Thailand) (Cambodia v. Thailand) - Opening of the public admission and media accreditation procedure
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27 March 2013
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Live and on-demand webcasts - Public hearings from Monday 15 to Friday 19 April 2013
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19 April 2013
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - Conclusion of the public hearings - Court to begin its deliberation
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18 October 2013
Request for Interpretation of the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - The Court to deliver its Judgment on Monday 11 November 2013 at 10 a.m.
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11 November 2013
Request for Interpretation of the Judgment of 15 June 1962 in the case concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand) - The Court finds that the 1962 Judgment decided that Cambodia had sovereignty over the whole territory of the promontory of Preah Vihear
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