ต่อมามีการฟ้องเพิ่ม
On behalf of the Government of Cambodia:
A. Submissions read at the hearing of 5 March 1962
"May it please the Court:
I. To adjudge and declare that the frontier line between Carnbodia
and Thailand, in the Dangrek sector, is that which is marked on the
map of the Commission of Delimitation between Indo-China and
Siam (Annex 1 to the Memorial of Cambodia) ;
2. TO adjudge and declare that the Temple of'preah Vihear is
situated in territory under the sovereignty of the Kingdom of
Cambodia ;
3. TO adjudge and declare that the Kingdom of Thailand is under
an obligation to withdraw the detachments of armed forces it has
stationed since 1954, in Cambodian territory, in the ruins of the
Temple of Preah Vihear ;
4. TO adjudge and declare that the sculptures, stelae, fragments
of monuments, sandstone mode1 and ancient pottery which have
been removed from the Temple by the Thai authorities since 1954
are to be returned to the Government of the Kingdom of Cambodia
by the Government of Thailand."
B. Submissions, entitled Final Submissions, read at the hearing of
20 March 1962
"May it please the Court:
I. To adjudge and declare that the map of the Dangrek sector
(Annex 1 to the Memorial of Cambodia) was drawn up and published
in the name and on behalf of the Mixed Delimitation Commission
set up by the Treaty of 13 February 1904, that it sets forth the
decisions taken by the said Commission and that, by reason of
that fact and also of the subsequent agreements and conduct of the
Parties, it presents a treaty character;
2. To adjudge and declare that the frontier line between Cambodia
and Thailand, in the dispiited region in the neighborhood of the
Temple of Preah Vihear, is that which is marked on the map of the
Commission of Delimitation between Indo-China and Siam (Annex 1
to the Memorial of Cambodia) ;
3. To adjudge and declare that the Temple of Preah Vihear is
situated in territory under the sovereignty of the Kingdom of
Cambodia ;
4. To adjudge and declare that the Kingdom of Thailand is under
an obligation to withdraw the detachments of armed forces it has
stationed, since 1954, in Cambodian territory, in the ruins of the
Temple of Preah Vihear ;
j. To adjudge and declare that the sculptures, stelae, fragments of
monuments, sandstone mode1 and ancient pottery which have been
removed from the Temple by the Thai authorities since 1954 are
to be returned to the Government of the Kingdom of Cambodia by
the Government of Thailand."
On behalf of the Governrnent of Thailand:
A. Submissions read at the hearing of 20 March 1962
"With respect to the Submissions presented by the Governnient
of Cambodia on the 5th March, 1962, the Government of Thailand
respectfully presents the following as its Submissions to the Court:
1. The Court is asked not to entertain the clairns put fonvard by
Cambodia in paragraphs I and 4 of the Submissions presented on
Monday, 5th March, by the Agent for the Government of Cambodia,
on the ground that both those claims are put fonvard too late and
were not included as claims which the Government of Cambodia
wished to present to the Court in the Application instituting these
proceedings or in the course of the written pleadings and mere for
the first time put forward by the Agent for Cambodia when he
formulated Cambodia's conclusions.
It is therefore submitted that these claims should not now be
entertained by the Court.
2. Alternatively,
In regard to the first of the said claims Thailand submits the
following conclusions :
(i) The map Annex 1 has not been proved to be a document binding
on the Parties whether by virtue of the Treaty af 1904 or
otherwise.
(ii) Thailand and Cambodia have not in fact treated the frontier
marked out on Annex 1 as the frontier between Thailand and
Cambodia in the Dang Rek region.
(iii) For the above reasons, the frontier line marked on Annex 1
ought not to be substituted for the existing boundary line in
fact observed and accepted by the two Parties in the Dang Rek
range.
(iv) Even, therefore, if the Court, contrary to the submission of
Thailand, thinks it proper to entertain the said claim (1) now
put forward by Cambodia, Thailand submits that on the merits
this claim is not well founded and ought to be rejected.
3. Thailand submits the following further conclusions in answer
to Submissions 2 and 3 put fonvard by Cambodia:
(i) Abundant evidence has been given that at al1 material times
Thailand has exercised full sovereignty in the area of the
Temple to the exclusion of Cambodia. Alternatively, if, which
is denied, Cambodia in any sense carried out any administrative
functions in the said area, such acts were sporadic and inconclusive,
and in no sense such as to negative or qualify the
full exercise of sovereignty in the said area by Thailand.
(ii) The watershed in the said area substantially corresponds with
the cliff edge running round Phra Viharn and constitutes the
treaty boundary in the said area as laid down by the Treaty
of 1904.
(iii) To the estent that the cliff edge does not precisely correspond
with the watershed as shown by the configuration of the
ground in the area, the divergencies are minimal and sholild
be disregarded.
(iv) The general nature of the area allows access from Thailand to
the Temple, whereas access from Cambodia involves the scaling
of the high cliff from the Cambodian plain.
(v) There is no room in the circumstances of the present case for
the application in favour of Cambodia of any of the doctrines
prayed in aid by Counsel for Cambodia, whether acquiescence,
estoppel or prescription.
(vi) Cambodia ought not in any event now to be allowed by the
Court to put forward a claim based on prescription not having
anywhere in her pleadings or until the very end of her oral
argument put forward any such claim.
(vii) The evidence in favour of Cambodia is in any event wholly
inadequate to support any prescriptive title in Cambodia.
Cambodia's second and third Submissions ought therefore to be
rejected.
4. Further and in the alternative with regard to Cambodia's fourth
Submission, it is submitted that this Submission, even if entertained
by the Court, is wholly unsupported by evidence, and the claim
put forward by Cambodia in its fourth Submission is accordingly
unsustainable."
B. Revised Submissions presented on 20 March 1962 after the
hearing
"With respect to the revised Submissions presented by the
Government of Cambodia on the 20th March 1962, the Government
of Thailand respectfullÿ submits the following Submissions to the
Court :
1. TVith regard to the first claim of the revised Submissions :
I. The whole of the evidence before the Court shows that the map of
the sector of the Dang Rek which 1s Annex 1 to the Memorial of
Cambodia \vas not prepared or published either in the name or on
behalf of the Mixed Commission of Delimitation set up under the
Treaty of the 13th February, 1904; but, whereas the said Mixed
Commission consisted of a French Commission and a Siamese
Commission, the said Annex 1 was prepared by members of the
French Commission alone and published only in the name of the
French Commission.
2. The French officers who prepared the said Annex 1 had no
authority to give any officia1 or final interpretation of the decisions
of the said Mixed Comn~ission, still less of the intentions of the
said Mixed Commission at points at which no decision had been
recorded.
3. No decision of the said Mixed Commission uras recorded about
the boundary at Phra Viharn. If the said Mixed Commission did
reach such a decision, that decision is not correctly represented on
the said Annex 1, but was a decision that in the Phra Viharn area
the boundary should coincide with the cliff edge.
4. There was no subsequent agreement of the parties attributing
a bilateral or conventional character to the said Annex 1.
j. The conduct of the parties, so far from attributing any conventional
character to the said Annes 1, shows that the Parties have
not treated the line marked on the said Annes 1 as the boundary
in the Dang Rek; Thailand has remained in undisputed possession
of al1 the territory at the top of the Dang Rek. Wherever there is
a cliff edge in the Dang Rek the edge of the cliff is, and has been,
accepted as constituting the \vatershed boundary established in
this region by Article 1 of the said Treaty of 1904.
6. Even if the said Annes 1 were to be regarded as possessing a
conventional cliaracter, the boundary line marked on it would not
be binding on the parties when proved-as it has been in the disputed
area-to be based on an inaccurate survey of the terrain.
II. IVith regard to the second claim of the rezised Submissions:
I . The Court is asked not to entertain the claim, because:
(i) the claim to a region 'in the neighbourhood of the temple of
Phra Viharn' constitutes an enlargement of the claim presented
by the Government of Cambodia in the Application instituting
these proceedings and throughout the written pleadings;
(ii) the terms of the claim are too vague to allow either the Court
or the Government of Thailand to appreciate what are the limits
of the territory claimed.
2. Alternatively, the Government of Thailand repeats paragraph 3
of its submissions presented at the sitting of the Court on the 20th
March, 1962.
III. JYitlz regard to the third and fourth claims of the reoised
Submissions :
The Government of Thailand repeats paragraph 3 of its submissions
presented at the sitting of the Court on the 20th March, 1962.
IV. With regard to the fifth claim of the revised Submissions.
I. The Court is asked not to entertain this claim, because it constitutes
an enlargement of the claim presented by the Government
of Cambodia in the Application instituting these proceedings and
throughout the written pleadings.
2. ~lternativelyt,h e rejection of the firçt, second and third clairns
of the revised Submissions must involve the rejection of this claim.
3. Alternatively, this claim should be restricted to any objects
of the kinds specified in the claim proved by the evidence before
the Court to have been removed from the temple since 1954 by the
Thai authorities."