Observer: Cambodia cannot sue Thailand over border dispute at the International Court of Justice

Cambodian observers say that Cambodia cannot sue Thailand over the border dispute over the Mom Bei area, Ta Moan Thom Temple, Ta Moan Toch Temple, and Ta Krabei Temple, to the IJC because the Thai side has refused to recognize the court’s jurisdiction.
Former senior military officer of the Khmer People’s Liberation Front, Chum Chheang, wrote on his Facebook account last weekend that Cambodia can sue Thailand at the International Court of Justice (ICJ) only under two conditions:
First, Thailand agreed to recognize the jurisdiction of the ICJ before Cambodia filed a lawsuit.
Second, Thailand recognized the jurisdiction of the ICJ after Cambodia filed a lawsuit on the border case.
He explained that according to the first condition, Thailand has declared its non-recognition of the ICJ’s jurisdiction since 1960, so Cambodia cannot sue Thailand at the ICJ. As for the second condition, if the Thai side declares its recognition of the jurisdiction of the court again, even though it previously refused, then the court will be able to process Cambodia’s complaint because the Thai side agrees to accept the court’s decision, the so-called basis for expanding jurisdiction. But both conditions 1 and 2 seem hopeless, so taking the Thai side to the international court with the consent of the Thai side is absolutely impossible.
Mr. Chum Chheang claims that according to Article 93 of the UN Charter, members of the UN must automatically become parties to the Statute of the International Court of Justice (ICJ), but must comply with Article 36 of the Court’s Statute. Article 36 of the Statute of the International Court of Justice (ICJ) states that any party to the ICJ Statute must at any time make a declaration recognizing the jurisdiction of the ICJ, which is necessary for the ICJ to be able to accept their cases.
Article 53 of the ICJ Statute clearly states that a party to the ICJ Statute may request the Court to proceed with its case even if the other party refuses to join the case, the court will only find that the other party has not waived its jurisdiction, and that the plaintiff’s complaint is substantiated and in accordance with the law.
The former senior general of the Khmer People’s Liberation Front said that requesting the court to interpret the meaning of the ruling regarding the Preah Vihear Temple case is even more impossible because the court cannot go back to doing the same thing, while the dispute over the Mom Bei area, Ta Moan Thom Temple, Ta Moan Toch Temple, and Ta Krabei Temple is a new case that is outside the scope of the 1962 ruling.
On June 16, 2025, Cambodian Senate President Hun Sen claimed that Cambodia had already filed a lawsuit against Thailand at the International Court of Justice over the Mom Bei area, Ta Moan Thom Temple, Ta Moan Toch Temple, and Ta Krabey Temple cases.
Cambodian Prime Minister Hun Sen confirmed on June 16 that Cambodia’s official letter was personally delivered to Registrar Philippe Gautier at the International Court of Justice (ICJ) on June 16, 2025.
Hun Manet stated that Cambodia will not retreat from using legal mechanisms through the International Court of Justice (ICJ) to seek a solution to the Cambodia-Thailand border issue at Ta Moan Thom Temple, Ta Moan Toch Temple, Ta Krabey Temple, and the Mom Tei area.
However, the former acting Prime Minister of Thailand, Phumtham Wichayachay, who recently resigned, stated on June 4, 2025, while he was still the Minister of Defense of Thailand, that Thailand’s policy does not recognize the jurisdiction of the (ICJ).