JBC wrapped without discussions over ongoing border dispute whereas Cambodia submits case to ICJ ahead of JBC wrap-up

The 6th Joint Boundary Commission ended in Phnom Penh without concrete outcomes for the ongoing border dispute between the two countries, as it was not on the meeting’s agenda in the first place, whereas Cambodia has proceeded with a court filing to the International Court of Justice to seek a resolution to the border dispute with Thailand_once again

After two days of sessional discussions, the Joint Boundary Commission (JBC) wrapped up its 6th meeting in Phnom Penh this afternoon without any conclusion on the ongoing dispute, as it was not placed on the meeting’s agenda in the first place. Officially named the Thai-Cambodian Joint Commission on Demarcation for Land Boundary, the JBC is a prime bilateral mechanism for the two countries to settle border disputes as part of the 2000 MOU on the Survey and Demarcation of Land Boundary.

As confirmed by Cambodia’s State Secretariat of Border Affairs in its press release after the meeting and quoted by Cambodia’s Press and Quick Reaction Unit under the Office of the Council of Ministers (Press OCM), the border disputes at Mom Bei area (The Emerald Triangle called by Thais) and the temple complexes of Ta Moan Thom, Ta Moan Tauch, and Ta Krabei were not part of the agenda.

During the session, Minister in charge of the State Secretariat of Border Affairs and Chairman of the Cambodian Joint Boundary Commission, Lam Chea, was reported of informing his Thai counterpart that “in the interest of achieving a fair, impartial, and lasting resolution”, Cambodia had proposed that the two countries jointly bring the disputes in these four sensitive areas before the International Court of Justice (ICJ), according to the Press OCM.

He also reaffirmed Cambodia’s position to begin legal proceedings independently, despite Thailand’s rejection of the ICJ’s jurisdiction, the same press office said.

Furthermore, the Cambodian side made clear that, going forward, the four areas in question will no longer be included in discussions or negotiations under the JBC framework, the same press office further said.

Aside from these four locations, Mr. Lam Chea reaffirmed Cambodia’s commitment and goodwill in continuing to cooperate with Thailand through the JBC mechanism to advance border surveying, demarcation, and the installation of boundary markers, the Press OCM said.

He was also reported of reiterating Cambodia’s adherence to pacifism and its aim to establish a border of peace, friendship, and cooperation with Thailand, based on legal documents and mutually agreed-upon maps outlined in the 2000 Memorandum of Understanding (MoU).

This includes the use of 1 : 200,000 scale maps, in line with the spirit of the Franco-Siamese Convention of 1904 and the Franco-Siamese Treaty of 1907, for demarcation and marker placement, the press office said.

“In this regard, the Cambodian side categorically rejects the map unilaterally drawn and used by the Thai side, which has been the root cause of past, present, and potential future border disputes,” he was quoted as stressing this statement.

The Press OCM said both sides signed the meeting’s minutes and agreed to reconvene for the next JBC meeting in September 2025.

Cambodia’s State Secretariat of Border Affairs noted in its press release that the meeting was held in a friendly and understanding atmosphere, in a spirit of open and positive dialogue.

Based on its press release quoted by the press office, both sides agreed to adopt four agendas as follows:

-Review and approve the minutes of the 4th meeting of the Technical Multi-Border Subcommittee (JTSC) Cambodia-Thai Thailand-Cambodia on July 14, 2024, in Siem Reap province.

-Review and discuss the 2003 TOR revision involving the production of an orthophoto map (Step 2 in the 4 points of TOR).

-Discuss and approve the deployment of a multifunctional measurement, measurement and boundary boundary teams on actual land between the exact location of the agreed boundary poles (chunks of boundary line and chunks of straight line).

-Discussing Guidelines on Measurement in Sector 6 (Point IX of 4th Meeting and Special Meeting of JBC 2009).

Thailand’s delegation has not yet confirmed what was discussed in the meeting, as the Ministry of Foreign Affairs plans to hold a press briefing in Bangkok upon their arrival tomorrow.

According to the MFA’s brief press release after the meeting, it has confirmed that the two sides have signed an agreed minutes in Phnom Penh. It also said the discussions proceeded smoothly in a cordial setting, while the Co-Chairs expressed appreciation to one another as the meeting concluded successfully.

“They reiterated the importance and efficiency of the JBC as a key bilateral mechanism to address border challenges. The meeting is regarded as another important “milestone” to illustrate the progress of Thailand-Cambodia demarcation along the approximately 800-kilometre border and reduce border tension.

“Both sides will continue discussions and joint implementation accordingly, with Thailand hosting the next Special JBC in September this year,” said Thailand’s MFA.

l Cambodian Foreign Minister Prak Sokhonn holds the official letter submitted to the ICJ regarding the border dispute. Credit: Hun Manet FB Page

International Court of Justice: ICJ

Just hours before the JBC was wrapped, Cambodian Prime Minister Hun Manet had revealed the latest progress the Cambodian side made over the border dispute with Thailand on his official Facebook page that Cambodia has sent an official letter through its embassy covering the Netherlands to the International Court of Justice (ICJ) in the Hague to seek a resolution on the border dispute in the four areas of Ta Moan Thom, Ta Moan Touch, Ta Krabei temples, and the Mum Bei area. The letter will be submitted to the Court by its embassy on Monday, he noted.

His revelation was made three hours (7 am) before the JBC resumed at 9 am after yesterday’s afternoon session was disrupted and put on hold following a call for a break by the Cambodian side, citing a unilateral press briefing made by Thailand’s Ministry of Foreign Affairs in Bangkok.

The two sides were expected to go into more details about “technical issues” over their borderlines today, as revealed yesterday during the press briefing, but no confirmation was made by the two sides that they had discussed the current dispute in those four areas until it was revealed by Cambodia’s State Secretariat of Border Affairs in the afternoon.

PM Hun Manet had stated clearly before the JBC meeting kicked off on Saturday that Cambodia would not bring the dispute to the table and would instead submit the case to the court. He just did it without waiting for the JBC’s conclusion and outcomes today.

The Cambodian PM cited a coincidence with the ICJ’s ruling over the case of Preah Vihear Temple, under which Cambodia won the case on June 15, 63 years ago.

He said of the reason to submit the case today: “Although these two events happened 63 years apart, the spirit and objective remain the same: Cambodia chooses a peaceful resolution based on international laws through the ICJ mechanism for solving border disputes in the areas where issues are very complicated and have high risks of armed clashes and where bilateral mechanisms cannot solve; such as the case of Preah Vihear Temple over 60 years ago, and the areas of Ta Moan Thom, Ta Moan Touch, Ta Krabei temples, and the Mum Bei area at present time.”

The Cambodian Prime Minister also said Cambodia only needs “justice, fairness and clarity” in border demarcation and delimitation with our neighbouring countries, so that “our future generations will not continue to have issues with each other”.

He also urged Cambodian citizens to trust the government in its efforts to undertake this task to safeguard the country’s territorial integrity and for the best interest of the nation and people.

Joint Boundary Commission: JBC

The JBC meeting, which is the 6th and resumed after 15 years since the last meeting in 2012, was held in Phnom Penh, first expected to be on June 14, but was later extended to June 15. The Thai delegation, headed by Ambassador Prasas Prasasvinitchai, advisor to the Ministry on boundary affairs and former ambassador to Cambodia, chaired the meeting with his Cambodian Co-Chair, Cambodia’s Minister in charge of the Secretariat of State of Border Affairs, Lam Chea.

The meeting took place under the framework of the 2000 Memorandum of Understanding (MOU) between the two countries on land boundary demarcation.

Ministry Spokesperson and Director-General of the Department of Information, Nikorndej Balankura, confirmed during yesterday’s press briefing that the talks began with a morning session on technical matters, including the use of geographic survey technologies. There was also a small group talk for more than one and a half hours before the session began, at around 11.45 am. It was in a positive atmosphere, the ministry spokesperson said.

After the delayed sessions, Thailand had expected that the talks would continue through June 15, according to the Ministry Spokesperson, but no signs from the government that it had acknowledged Cambodia’s plan to submit the case this morning.

The country just reaffirmed its intention to address “all border-related matters” with Cambodia through diplomatic and bilateral mechanisms such as the JBC, the Ministry Spokesperson said. He also reiterated, once again, in regard to Cambodia’s ICJ submission plan, that Thailand has never recognised the jurisdiction of the ICJ since 1960.

In the meantime, Thailand still maintains its current border control measures, including restricted opening and closing times of border checkpoints along the Thai–Cambodian border. They have been imposed since June 7, following the decision made by the National Security Council.

The tensions

Tensions in the areas erupted following a military clash on May 28, when the two sides exchanged fire near the Emerald Triangle (Mum Bei area in Cambodia), resulting in one Cambodian military officer’s death.

The issue has been re-ignited in Cambodia by the Cambodian leaders, including former PM Hun Sen, now Cambodia’s Senate President. 

According to Thailand’s military, Cambodian troops in the areas have made unusual moves since early this year, including the building of a trench in the areas claimed by both countries following their use of different maps.

Cambodia sticks to the 1 : 200,000 map produced under the Franco-Siamese treaties of 1904 and 1907, upon which Thailand claims that it’s not in line with the international watershed divide principle. Thailand uses the 1 : 50,000 map, which adheres to the watershed divide principle addressed under the two treaties.

The Thai Sala Tri Mook pavilion, built by Thai architects at the Triangle, had also been burned down earlier. Some senior Thai military officers have also revealed that the Cambodian troops have violated the 2000 MOU over 400 times since it was enacted.

As the issue has escalated and the NSC decided to impose the border control measures on June 7, one day later, on June 8, Cambodian authorities reached out to propose coordinated troop “repositioning” near those sensitive areas.

But on June 12, ahead of the JBC meeting, PM Hun Manet announced new countermeasures against what he called “a lot of news circulating on social media recently involving threats by some Thai extremist groups to cut electricity and internet to Cambodia”. Those include stopping the purchase of electricity and internet from Thailand.

A new call on Cambodian labourers to return to Cambodia from Thailand has also been made by the Cambodian government, without Thailand forcing them to return home.