Attention: The Council of Judges of the International Court of Justice
Attached: The list of more 460,000 signatures of the Thai people who demonstrate their opposition to the actions taken by the treacherous government
The Kingdom of Thailand is a member of the United Nations, and used to be a member of the International Court of Justice. Then in B.E. 2505 (A.D. 1962), the Government of the Kingdom of Thailand with the unanimous consent of its people was of the view that the works of the International Court of Justice (herein after “ICJ”) had not been in accordance with the principles of justice, nor had they been consistent with the principles of international law in general. It was found furthermore that the ICJ, having been under the influence of and intervened by the major powers, had committed an unlawful and unjust act through its verdict that decided the Preah Vihear(or Pra Viharn in Thai) Temple, which was a part of Thai territory, belong to Cambodia. As a consequence the Government of the Kingdom of Thailand withdrew its membership from the ICJ and as of that date, the Kingdom of Thailand is not bound to any obligations that it might have had with the ICJ, and the ICJ in turn has no jurisdiction or authority whatsoever in rendering its judgment over any matters or disputes concerning Thailand ever again. This is the resolution and action taken by the then Thai Government which was supported by popular consensus that the United Nations and the ICJ must always absolutely respect. Neither organization can by trickery or distortion ever claim to have an authority to consider any cases involving the Kingdom of Thailand.
By virtue of the power and rights enshrined in the Constitution of the Kingdom of Thailand B.E. 2550 (A.D. 2007), the Thai people are entitled to their rights as being human beings, and the rights to assemble together in the protection of the nation’s sovereignty and national interests and those of their own.. Under the present Constitution the people of Thailand have decided to unite together and founded a people’s organization named the “United Front of Patriotic Thais for the Protection of Thai Territory.” The duty of this organization is to preserve Thailand’s independence and sovereignty, as well as the national interests and those of the Thai people in accordance with the principles of the Constitution. This is due to the fact that Thailand needs such an organization in which the popular sector is involved because the existing political parties and politicians have made their way through corrupted means by buying votes or through sheer cheating to occupy the seat of government. They are even considered representatives of criminals who betray their people, sell out their country, and rob their country and the Thai people in such a way that Thailand has undergone severe political crises for over ten years. Therefore the United Front of Patriotic Thais for the Protection of Thai territory has taken upon itself to act on behalf of all of the Thai people who are the real owners of Thailand’s national sovereignty in a constitutional monarchy whereby His Majesty the King is the Head of State.
The Thai people acting under the name of the United Front of Patriotic Thais for the Protection of Thai Territory, by virtue of the rights of Thai citizens and on the basis of the international principles on the rights of citizens A.D. 1966, are therefore entitled to logically appeal to the Council of Judges of the ICJ to exercise these rights. The appeal is made for the purpose that the power of and all the unjust actions taken by the Government of the Kingdom of Thailand be rejected and nullified in submitting once again Thailand back under the jurisdiction of the ICJ without receiving Parliamentary approval and that of the Thai people. It is imperative that this appeal or request be made directly to the ICJ in order that the rejection and/or nullification is formally acknowledged. We also take this opportunity to officially re-confirm the withdrawal of our membership in the ICJ which remains in effect since the original withdrawal that the Government of the Kingdom of Thailand did in B.E. 2505 (A.D. 1962).
Therefore by virtue of the honor, rights, and prestige vested therein, the people of Thailand through the United Front of Patriotic Thais for the Protection of Thai Territory, would like to appeal to and request the ICJ to do the following:
1. The United Front of Patriotic Thais for the Protection of Thai Territory maintains that since the Government of the Kingdom of Thailand has ceased to be a member of the ICJ, the Kingdom of Thailand is under no obligation or has any connection with the ICJ and the ICJ has no jurisdiction or legal authority over any matter concerning the Kingdom of Thailand. The exception may be that if the matter in question has already received Parliamentary approval and that of the Thai people in accordance with the principles of the Constitution of the Kingdom of Thailand, then jurisdiction can be applied. The fact remains that neither Parliament nor the people of Thailand are aware of or have approved the return of Thailand to be a member of the ICJ.
2. From B.E. 2543 (A.D. 2000) to present the Thai Governments , though consisted of members from different political parties, have all been governments that have sold and betrayed the country and its people all along. All of them are fully cognizant of the facts that
2.1 A treaty on the boundary demarcation between Thailand and France, the State Protector of Cambodia had been entered into since A.D. 1907 by a Joint Commission on the boundary
demarcation and this treaty remains in force to this day. The boundary field work had also been completed at this time in accordance with the treaty. So there is no necessity nor any reason for a new boundary field work, because the existing one has always been upheld for more than a hundred years already. In short, this is to say that in some areas where a natural boundary exists such as a watershed or water channel, this would become the actual boundary in line with the international law and practice, whereas in the flat areas the landmark pins would be used as evidence. In the latter case, there are in total 73 landmark pins for the purpose of demarcation.
2.2 In B.E. 2543 (A.D. 2000) the Thai Government had conducted itself as if it was a thief that robbed the country through corrupted means by concealing its connivance with the Cambodian Government to enter into a new agreement with that country without informing Parliament and the Thai people which was in contravention to the B.E. 2540 Constitution. The new agreement called for a new round of demarcation and was not reported to Parliament for its approval as required. This action also deprived the Thai people in whom the national sovereignty resided of the knowledge of what happened. Such an action must therefore be considered null and void as it did not comply with the principles of the Constitution of the Kingdom of Thailand. Up to the present day the treacherous government that betrayed the country and its people had never undertaken to submit this agreement to Parliament and the Thai people for their consideration.
2.3 After having concluded the agreement as per 2.2 mentioned above, successive treacherous governments continued to go ahead with this selling-out policy, betraying the country and renewing their connivance with the Cambodian government. The agreement has concentrated on three major aspects consisting of (1) ceding the Thai territory of some 4.6 square kilometer around the Pra Viharn Temple, and (2) along all the demarcation line covering 7 provinces of Thailand bordering Cambodia for another 1.8 million rais, and (3) in the Gulf of Thailand for 27,000 square kilometer more
or approximately 17 million rais, all of which to Cambodia. The latter is understood to be an attempt to relinquish the claim to the natural gas and crude oil reserves lying underneath the Gulf of Thailand that belong to Thailand and the Thai people, to Cambodia. This attempt would make it possible for international oil business corporations to obtain concessions to explore and exploit the vital natural resources for their own selfish interests in a dishonest way.
2.4 Having been made known of this treason and betrayal, the Thai people have then united to oppose on a continuous basis such an attempt which has led to several major political crises in Thailand up to the present time. The results are that several hundreds of the Thai people have been either suppressed or killed, precipitating a great divisiveness within the country, and eventually a possible civil war. Moreover, border conflicts and skirmishes have become normal occurrences between Thailand and Cambodia. The fightings that have taken place between the people of the two countries are certainly not the objectives of the establishment of either the United Nations or the ICJ.
2.5 From B.E. 2553-2554 (A.D. 2010-2011) the Government of the Kingdom of Thailand had once again connived with the Cambodian government in creating a confrontational situation in which fightings between Thai and Cambodian soldiers took place so that they both could ask the ICJ to intervene in order to cover up or hide from the Thai people the fact that Thailand was ceding its territory to Cambodia which would lead to the sharing of the selfish benefit. The fighting between military forces was only the first step. Then the Cambodian government that connives with the Thai government lodged a complaint once more with the ICJ over the previous verdict of B.E. 2505, ostensibly with a view to misleading or diverting public opinion in Thailand and the world elsewhere. The complaint asked the ICJ to re-define its B.E. 2505 verdict and it was the second step towards using the hand of the ICJ to snatch away the Thai territory, so that all the riches contained in the territory would be exploited mutually by the governments of both sides. This included the acceptance of a map in the 1 to 200,000 ratio unilaterally drawn up the French authority and was never previously or at any other time accepted by the Thai side as being legitimate and consistent with the principles of international law.(and the Kingdom of Cambodia uses a map in the 1 to 100,000 ratio by her Constitution since B.E. 2535) Then the treacherous Government of the Kingdom of Thailand attempted to mislead the Thai people by stating its view that the complaint lodged by the Cambodian government was only for the ICJ to clarify its B.E. 2504 verdict. In this case if Thailand should not seek to explain to the ICJ what its stand was it would be at a disadvantage. This constituted the third step which would bring Thailand back to being under the jurisdiction of the ICJ and the Thai people would be defrauded. It was done without Parliamentary approval and could be considered an act of piracy or terrorism that commits grave crimes against the Thai people over and over again. Such an act is so demeaning and dirty in asking the ICJ to lend a helping hand. This kind of act is so despicable that no courts in the world would accept and could only reject.
The Thai people would like to express their gratitude towards the ICJ for its lack of patience in that it could not tolerate the ignominity and gross deception practiced by the Government of Thailand against its country and people. The ICJ has subsequently issued a statement to the effect that the fact that Cambodia lodged a complaint with it was not to clarify the old verdict, but this was a new complaint altogether. Additionally the complaint has also sought an injunction over the disputed territory while the process of deliberation was in place. In this connection, the Thai people are hoping that the ICJ would maintain its honor, prestige and righteousness and would not be tarnished by the dirty tactics employed by the treacherous Government of Thailand and would not become its tool.
At this moment and up until now the world must have woken up to the reality that the complaint lodged by Cambodia with the ICJ is a new complaint and the ICJ has issued an injunction over the disputed territory and will soon deliver a new verdict on the complaint.
Therefore what is first and foremost before the Thai people is that they must appeal to the ICJ to understand the facts that the treacherous Government of Thailand did not receive the approval from Parliament, that it did so by deceiving the Thai people in saying that the complaint sought only to clarify the B.E. 2505 verdict and this had brought Thailand back to being under the jurisdiction of the ICJ when in reality it was a new case altogether--all this constitutes a blatant violation of the Constitution and a fraudulent act against the Thai people, thereby making it an illegitimate act in asking the ICJ to cooperate with its dirty hands, so that the Governments of Thailand and Cambodia could use the ICJ to rob the Kingdom of Thailand of its rightful territory and then proceed to share the spoils afterwards. This is an act which constitutes antagonism of the highest magnitude against the Kingdom of Thailand and its people as a whole. The United Front of Patriotic Thais for the Protection of Thai Territory would like to urge the ICJ that it consider and investigate the case with great care as to whether the Government of the Kingdom of Thailand has the legitimacy that it claims it does, both in the legal sense and whether it has done so in Thailand’s and its people’s national interests. The consideration should also be made in regard to whether the new verdict will have a binding effect on Thailand and its people who are the real owner of the national sovereignty both in name and in fact. The United Front of Patriotic Thais for the Protection of Thai Territory would like to humbly submit an opinion that this request has the same status as that of the Thai Government which claims to represent the whole country, that we are the party that truly represents Thailand and we reject all actions taken by those who pose themselves as the representatives or acting on behalf of Thailand’s national interests, when in fact they are doing exactly the opposite illegally and betraying the people and selling off the country, so that this sad and bitter episode would not be repeated by future treacherous and betraying governments.
3. The United Front of Patriotic Thais for the Protection of Thai Territory humbly submits that in the dispute over the Pra Viharn Temple, which is situated on Thai soil according to the demarcation that was agreed upon and concluded long ago, and which in this case originally the Cambodian side had asked for the ownership of the Temple, and in which the Thai Government had agreed to defend its right to the Temple, but now Cambodia has made an additional compliant that the area of 4.6 squarekilo meter is Cambodian territory, the ICJ should take the following into account.
The ICJ made an inquiry to the Government of the Kingdom of Thailand as to whether it would oppose to the additional complaint lodged by the Cambodian government. At that time the Government of the Kingdom of Thailand responded that its legal team had been instructed to oppose the additional complaint of the Cambodian government, and would not accept the outcome of any further consideration regarding the verdict on the area surrounding the Pra Viharn Temple. The Government of the Kingdom of Thailand reserved its right to reject the jurisdiction of the ICJ in whole or in part pertaining to this matter.
The ICJ accepted this position of opposition by the Government of Thailand and agreed that the objection was reasonable and in accordance with the rules of law. As a result the ICJ instructed that it would not accept any additional complaint by the Cambodian government, and if the case should have reached its finality without any party raising any objection continuously for a period of 50 years, it shall be deemed that the dispute had been ended as from B.E. 2505.
Therefore, the remaining dispute between Thailand and Cambodia should be only about who has the sovereignty over the Pra Viharn Temple, and in which the ICJ has jurisdiction only where the parties to the dispute can accept and is limited within the scope concerning the Pra Viharn Temple itself. This is because as far as the other territory is concerned there is really no argument or dispute over it and the Thai Government does not accept this issue. The ICJ had already issued a verdict that the Pra Viharn belonged to Cambodia while the Thai Government at that time had reserved its right to contest further since B.E. 2504. And the Thai Government had also withdrawn itself from membership of the ICJ since that decision. It is therefore clear that there is neither a case nor authority on the part of the ICJ to further consider or render judgment on the territory of the Kingdom of Thailand ever again. The request is that the ICJ drop the complaint from the docket because in becoming a party in the present case the Thai Government had no Parliamentary approval. It did so out of the deception it imposed on the Thai people and in this case the ICJ has officially confirmed that it is a new, different complaint from the old one. And in regard to the outcome of the B.E. 2505 dispute, the Thai Government had all along maintained that it would not accept the verdict passed out by the ICJ.
4. After the Government of the Kingdom of Thailand lied to the people that the compliant was only the means in which Thailand could explain to the ICJ, it then proceeded to try to lose the case by default. The way in which to make this happen was to allow the other side to gain the advantage unnecessarily, which would then lead to get the hand of the ICJ to deliver the territory to Cambodia and then to share the benefit derived from the territory between them. This kind of treason was evident before the ICJ on several occasions, such as
4.1 The deception employed on the Thai people that the complaint was not a new one, even though it was a new one. That was why the ICJ is issued an injunction before delivering the verdict and there had been requests that the ICJ deliver the verdict in such a way that the territory belongs to Cambodia. This dirty deception is quite glaring and ludicrous in the world’s public opinion and it has now arrived at the ICJ’s doorsteps.
4.2 No defense has been made in regard to the fact the demarcation process between Thailand and Cambodia had been completed for more than 100 years ago, while the acceptance was made to the effect that Thailand had always complied with the treaty and observed the demarcation without bringing into consideration of the ICJ the fact that the B.E. 2543 (A.D. 2000) was nullified as it did not receive Parliamentary approval and that of the people. The Constitution Court of the Kingdom of Thailand has declared that the signing of the B.E. 2551 (A.D. 2008) Joint Communique which was the by-product of the B.E. 2543 MOU was unconstitutional, therefore rendering it null and void. But the treacherous Government of Thailand left out this fact and did not raise it as a point of defense, all because it wanted to lose the case by default thereby causing the cessation of the territory to the plaintiff.
4.3 There is negligence or the intention not to submit circumstantial evidence and adopting the defense strategy that would make Thailand win the case. Moreover, the Government of Thailand did the contrary in every way possible that would make Thailand lose. This included the hiring of Thai academics to conduct research that would distort historical evidence and agreements so as to ensure that the defeat by default could come about, thereby losing the territory in such a way that no other countries in the world would have done.
4.4 The negligence to use its rights to defend the complaint in all available facets and the cover-up that followed which would not allow the Thai people to know how the case proceeded is another example. In this connection, the United Front of Patriotic Thais for the Protection of Thai Territory would like to humbly submit to the ICJ that the Government of Thailand has never brought any really significant issues that were discussed in the court’s proceedings to the attention of the Thai people at all.
The attempt to cause the defeat by default, which is being concocted and in play at the ICJ
by traitors and betrayers, is such a great shame that no patriotic Thais can accept. If necessary, there may come a time when the Thai people will have to resort to taking up arms as a means to protect the national sovereignty to the end. In such a situation, the Thai people hold out the hope that the Council of Judges of the ICJ, who declare themselves to always be just and the protector of justice, as well as persons of purity, shall not allow themselves to be mired in evil and filth that is being heaped upon them by the Government of Thailand in this great robbery of our country’s precious national treasure and heritage. The hope is also that the Council of Judges of the ICJ shall not agree to lend their hand which will cause the defeat by default, so that the conspirators of this tragic saga will be able to reap and exploit the benefit between themselves. If this were to happen, it would leave a permanent, indeletible scar and a great historical sin in the history of mankind on the ICJ and its Judges themselves.
With the above-mentioned reasons the United Front of Patriotic Thais for the Protection of the Thai Territory would like to submit the following requests:
That the International Court of Justice drop the complaint from the docket, and not allow itself to be the tool of a government that is robbing its own country, committing treason and betraying its people, as well as conniving with the other party in using the hand of the ICJ to deliver Thai territory to be exploited for their personal benefit.
Cordially Yours,
The United Front of Patriotic Thais for the Protection of Thai Territory
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Admiral Bannawit Kiengrein
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Mr. Chaiwat Sinsuwong
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M.L. Walwipha Charoonroj Burusratanaphand
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Mr. Somboon Thongburan
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Mr. Neungkan Boonrawd
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