Cambodia's ban on Thai returnees breaks international law
Thailand expresses "grave concern" over thousands of Thai nationals stranded at border, calling on all parties to immediately guarantee safety and dignity of civilians and respect obligations under Vienna Convention on Consular Relations.
- Thailand's Ministry of Foreign Affairs has formally accused Cambodia of violating international law by preventing Thai citizens from returning to their home country.
- The Thai government argues that the ban infringes on rights protected by the International Covenant on Civil and Political Rights (ICCPR) and the Fourth Geneva Convention.
- Cambodia's suspension of border operations has resulted in thousands of Thai nationals being stranded and unable to cross back into Thailand.
- Thailand emphasises that while it has allowed Cambodian citizens to leave, Cambodia has not reciprocated for Thai nationals seeking to return home.
Nikorndej Balankura, Director-General of the Department of Information and Spokesperson of the Ministry of Foreign Affairs, clarified the Thai government's position following the Cambodian Ministry of Interior's announcement regarding the suspension of operations at the Cambodia-Thailand border crossing, which resulted in thousands of Thai nationals being stranded at the Khlong Luek border checkpoint in Aranyaprathet District, Sa Kaeo Province.
His points were as follows:
- Thailand expresses deep concern over the restriction of movement imposed on Thai nationals currently residing in Cambodia. While the Thai side has facilitated the departure of Cambodian citizens from Thailand, the Cambodian side has refused to open the checkpoint to allow Thai nationals to return to Thailand.
- Thailand reiterates that, under international law, including the International Covenant on Civil and Political Rights (ICCPR) and the Fourth Geneva Convention, civilians have the right to protection at all times. The right of persons lawfully residing in a foreign state to leave that country may be restricted only when it is lawful, necessary, proportionate, and non-discriminatory. Furthermore, civilians are considered non-combatants and must not be treated as parties to the conflict in such situations.
- Thailand stresses the importance of full respect for international humanitarian law and international human rights law, as well as obligations under the Vienna Convention on Consular Relations, including unhindered consular access and protection.
- Thailand calls upon all parties to guarantee the safety and dignity of civilians of all nationalities and to address all concerns in accordance with the principles of international law.
The Cambodian Ministry of Interior announced the temporary closure of all Cambodia-Thailand border checkpoints on Saturday (December 13), based on the recommendation of Hun Sen, President of the Cambodian Senate.
The main stated reason was to protect the safety of the people of both countries amidst the tense border situation until a ceasefire is established, urging the citizens of both countries to refrain from crossing the border, while those already residing and working should remain in their country of residence.
