An international criminal law specialist has argued that the International Criminal Court has sufficient jurisdiction to take action against Thailand over attacks linked to its border conflict with Cambodia.
Youk Chhang, head of the Documentation Center of Cambodia, said over the weekend that although Thailand is not a member of the court, Cambodia is. He explained that under the court’s statute, the ICC can exercise jurisdiction over crimes committed on the territory of a member state.
Youk Chhang said that any attacks on Cambodia as a member of the ICC could bring the court’s full jurisdiction into play. He added that this applies if the acts fall under crimes defined by the Rome Statute, such as war crimes, crimes against humanity, genocide, or aggression. He noted that the Thai government has not fully committed to respecting international humanitarian law in the current border dispute.
He described violations of international treaties as grave offenses that require a thorough investigation of incidents and a careful review of evidence before concluding. He also stated that disputes involving international crimes or border aggression between Thailand and Cambodia could be subject to hearings at the International Court of Justice in cases between states.
Youk Chhang added that proceedings could also address individual criminal responsibility if crimes occurred on Cambodian territory or if a case was referred by the United Nations Security Council.
On August 25, Cambodian Australian lawmaker for Victoria, Tak Meng Heang, shared a video in which former Australian justice minister and federal parliamentarian Mark Dreyfus commented on Thailand’s actions. In the clip, Mark Dreyfus said peace was not only the absence of war but required justice, dignity, and the right of every citizen to live free from fear.
Amid the ongoing border dispute, Thai newspaper Khaosod reported remarks from Thailand’s acting prime minister, Phumtham Wechayachai, on August 19. He said the National Security Council had instructed lawyers and police to prepare civil and criminal complaints against Hun Sen and Cambodian Prime Minister Hun Manet, accusing them of using military force to attack Thailand.
Phumtham Wechayachai said Thailand cannot bring the Cambodian leaders before the International Criminal Court because Thailand does not recognize the court’s jurisdiction.
