INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2011/22
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
THE HAGUE, 18 July 2011. The International Co urt of Justice (ICJ), the principal judicial
organ of the United Nations, today gave its decision on the request for the indication of provisional
measures submitted by Cambodia in the case concerning the Request for the interpretation of
the Judgment of 15 June 1962 in the Case concerning the Temple of Preah Vihear (Cambodia v.
Thailand) (Cambodia v. Thailand).
In its Order, the Court first unanimously re jected Thailand’s request for the case introduced
by Cambodia to be removed from the General List.
It then indicated various provisional measures. The Court began by stating, by eleven votes
to five, that both Parties should imm etely withdraw their military personnel currently present in
the provisional demilitarized zone, as de fined in paragraph62 of its Order (see the illustrative
sketch-map appended to the Order and to this press release), and refrain from any military presence
within that zone and from any armed activity directed at it.
Having noted that the Temple area had been the scene of armed clashes between the Parties
and that such clashes might reoccur, the Court deci ded that, in order to ensure that no irreparable
damage was caused, there was an urgent need for the presence of all armed forces to be temporarily
excluded from a provisional demilitarized zone around the area of the Temple.
The Court also stated, by fifteen votes to one, that Thailand should not obstruct Cambodia’s
free access to the Tem ple of Preah Vihear, or prevent it from providing fresh supplies to its
non-military personnel; it said that Cambodia and Thailand should continue their co-operation
within ASEAN and, in particular, allow the observers appointed by that organization to have access
to the provisional demilitarized zone, and thaboth Parties should refrain from any action which
might aggravate or extend the dispute before the Court or make it more difficult to resolve. - 2 -
Lastly, the Court decided, by fifteen votes to one, that each of the Parties should inform it as
to its compliance with the above provisional measures and that, until the Court had rendered its
judgment on the request for interpretation, it woul d remain seised of the matters which form the
subject of the Order.
Jurisdiction and legal conditions required for the indication of provisional measures
The Court concluded (paragraphs 19 to 32 of the Order) that a dispute appeared to exist
between the Parties as to the meaning or scope of its 1962 Judgment and that it therefore appeared
that the Court could, pursuant to Article 60 of the Statute, entertain the request for interpretation
submitted by Cambodia. Accordingly, it declared that it could not accede to the request by
Thailand that the case be removed from the Genera l List (see above) and added that there was
sufficient basis for the Court to be able to indicate the provisional measures requested by
Cambodia, if the necessary conditions were fulfilled. The Court then examined those conditions
one by one (paras. 35 to 56), and conc luded that they had been satisfied. Firstly, it considered that
the rights claimed by Cambodia, as derived from the 1962 Judgment, in the light of its
interpretation thereof, were plausible. Secondly, the Court considered that the provisional
measures requested sought to protect the rights invoked by Cambodia in its request for
interpretation and that the requisite link between the alleged rights and the measures sought was
therefore established. Thirdly, it considered that there was a real and imminent risk of irreparable
damage being caused to the rights claimed by Cambodia before the Court had given its final
decision, and that there was urgency.
Finally, the Court recalled that orders indicating provisional measures had binding effect and
thus created international legal obligations with which both Parties were required to comply. It
also observed that the decision given in the present proceedings on the request for the indication of
provisional measures in no way prejudged any questi on that the Court might have to deal with
relating to the Request for interpretation.
___________
Note: The Court’s press releases do not constitute official documents. This press release is a
concise summary of the decision taken by the Court, for information purposes only. A more
comprehensive and detailed summary of this decision can be found in the “Cases” section of the
Court’s website. The history of the proceedings is presented in paragraphs 1 to 18 of the Order, the
full text of which can be found in the same section of the website.
___________
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
It was established by the United Nations Charter in June 1945 and began its activities in
April1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six
principal organs of the United Nations, it is the only one not located in New York. The Court has a
twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by
States (its judgments have binding force and are w ithout appeal for the Parties concerned); and,
second, to give advisory opinions on legal questi ons referred to it by duly authorized United
Nations organs and agencies of the system. The Court is composed of 15 judges elected for a
nine-year term by the General Assembly and the Security Council of the United Nations. It is
assisted by a Registry. The official languages of the Court are French and English.
___________ - 3 -
Information Department:
Mr. Andrey Poskakoukhin, First Secretary of the Court, Head ofDepartment (+31 (0)70 302 2336)
Mr. Boris Heim, InformationOfficer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)
___________ sketch–map of provisio nal demilitarized zon e identified by the co urt
This sketch-map havs been prepared forv illustrative purposves only
104°37'E 104°37'30"E 104°38'E 104°38'30"E 104°39'E 104°39'30"E 104°40'E 104°40'30"E 104°41'E 104°41'30"E 104°42'E 104°42'30"E 104°43'E 104°43'30"E
THAILAND
14°26'N
14°25'30"N
400 300 200
C D
14°25'N
400
300
500
500 200
14°24'30"N
6 0 0
500
14°24'N
400
B 300
500
200 400
300
14°23'30"N 3 0 0 5 0 00 0 200
2 0 0 4 0 0
Temple of
Preah Vihear
14°23'N
A
14°22'30"N
provisional demilitaripzed zone
road
track
14°22'N path
(former€ stair‚aƒ
conto„rs… interval 20p m
0 0.55 1 2 km
WGS84 Datum CAMBODIA
Elevations are metrevs above sea level
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