Foreign Ministry rules out settling border disputes with Cambodia in ICJ

MONDAY, JUNE 16, 2025

Thailand rules out ICJ role in Cambodia border disputes, insists on bilateral talks via JBC, says ICJ has no jurisdiction without mutual consent.

The Thai Foreign Ministry has ruled out settling the ongoing border disputes with Cambodia through the International Court of Justice (ICJ), insisting that Thailand does not accept the court’s jurisdiction.

Thailand rejects ICJ jurisdiction in Cambodian border case

Benjamin Sukanjanajtee, Director-General of the Department of Treaties and Legal Affairs (DTLA), said on Monday that Thailand has not recognised the jurisdiction of the ICJ since 1960 — a position shared by 118 other countries.

He stressed that the ICJ can only try border disputes when both parties accept its jurisdiction, which is not the case for Thailand.

Benjamin added that the 2000 Memorandum of Understanding (MOU43) between Thailand and Cambodia clearly states that both countries must first attempt to resolve border issues through negotiation — not unilateral legal action, as Cambodia has attempted.

Foreign Ministry rules out settling border disputes with Cambodia in ICJ

Cambodia files complaint with ICJ over four sites

On Sunday, Cambodia reportedly submitted a complaint to the ICJ, seeking a ruling on ownership of four disputed sites:

  • Ta Moan Thom temple
  • Ta Moan Toch temple
  • Ta Krabei temple
  • Emerald Triangle area

Benjamin said that Thailand has not yet been officially informed about the complaint by either Cambodia or the ICJ. As a result, the DTLA remains unaware of the exact content and legal basis of the case.

He said the DTLA has already formed an international legal team to study the case and prepare a defence strategy if needed.

JBC remains primary mechanism for resolving disputes

Foreign Ministry rules out settling border disputes with Cambodia in ICJ

Speaking at a press conference hosted by the Department of Information, Nikorndej Balankura, Director-General of the department and spokesman for the Foreign Ministry, reiterated that Thailand remains committed to using the Joint Boundary Commission (JBC) as the key bilateral mechanism for settling border issues.

Nikorndej expressed disappointment that Cambodia had excluded the four disputed areas from the JBC meeting held in Phnom Penh on June 14–15, choosing instead to bring the matter before the ICJ.

He said Thailand made it clear during the JBC meeting that it does not accept the ICJ’s jurisdiction, and Cambodia was formally informed of this position.

Thai side highlights progress in technical talks

Foreign Ministry rules out settling border disputes with Cambodia in ICJ

Prasat Prasatwinijchai, chairman of the Thai JBC delegation, said that although the four disputes were excluded, the recent JBC session was one of the smoothest in years.

He noted that both sides agreed on several technical matters, including surveying 45 out of 74 border demarcation markers dating back to the reign of King Rama VI.

They also agreed to use LiDAR technology and drones for accurate surveying and mapping.

Prasat confirmed that Thailand did not accept Cambodia’s 1:200,000 scale map and that it was not raised in the meeting. Thailand continues to insist on using its 1:50,000 scale maps, which offer greater detail.

Foreign Ministry rules out settling border disputes with Cambodia in ICJ

No retaliation against Cambodian workers

Nikorndej also clarified that the Thai government would not retaliate against Cambodian migrant workers, despite the border tensions. He said all Cambodian workers in Thailand are free to decide whether they wish to remain.

He emphasised that all of Thailand’s diplomatic responses are at the government level and not intended to affect people-to-people relations.

He also pointed out that the government does not use social media as an official channel for diplomatic communication.

Delay in announcement due to late return of Thai delegation

Regarding the delayed release of information on the JBC outcome, Nikorndej explained that the Thai delegation returned to Bangkok at 9pm on Sunday, making it too late to hold a press conference that night. A written statement was released instead, with the formal press conference held on Monday.

Despite disagreements on certain issues, Thailand will continue to use bilateral mechanisms including the JBC, the General Border Committee (GBC), and the Regional Border Committee (RBC) to address and resolve border disputes with Cambodia.