ICJ's ruling on Preah Vihear cannot be defied

It is true that the World Court has no power to enforce its verdict – but it is an organ of the United Nations, and members of the UN are obligated by law to comply with the ICJ’s judgements.

Article 94 (1) of the UN Charter states that “each member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.” 

According to legal experts, most UN members taking their cases to the World Court comply with its decision. Sooner or later, they need to do so; otherwise, they would have wasted their time in the courtroom. The court is one of the solutions to settling conflict among countries peacefully.

In some cases – two examples are the United Kingdom versus Albania, and the US versus Nicaragua – people might question past compliance. The court ruled in 1949 that Albania be held responsible for an explosion that occurred three years earlier, and for the damage and loss of human life that resulted to the UK. The court also ordered Albania to compensate the UK. 

Many people said Albania did not comply with the court decision, but a Thai agent to the Preah Vihear case, Virachai Plasai, argues that Albania eventually complied with the ICJ judgement in 1996. The court had given no time frame for the compliance. Parties to the case can do so anytime, but they must implement the court’s ruling in the end.

In the case of US military action against Nicaragua, the court ruled in 1986 that the US had breached international laws, ordered the withdrawal of US personnel and called on the parties to settle the conflict peacefully. Washington did not comply with the decision, not because it is a superpower, but because Nicaragua decided to withdraw the case from the court in 1991.

The ICJ will deliver its verdict on the Preah Vihear dispute on Monday following Cambodia’s request that it interpret a 1962 judgement. Unless the court rejects the case, for whatever reason, Thailand and Cambodia are fully obligated to comply with the decision. 

 Thailand, in particular, has no legal loophole to deny its obligation. It is true that Thailand did not accept the ICJ’s jurisdiction after the Preah Vihear case in 1962, but the country remained legally bound to the judgement on the grounds the case was transferred from the old World Court, whose jurisdiction Thailand had accepted. Therefore, the ICJ retained its jurisdiction to interpret the previous judgement.

 Legal experts said the UN has mechanisms, such as UN Security Council measures, to enforce the ICJ verdict. Thailand needs to avoid such action as it is campaigning for seats on the UN Security Council and Human Rights Council to uplift its international image. Such roles would reflect Thailand’s dignity and status.

 It would be absolutely ridiculous for Thailand to announce to the international community that it is looking to play a greater role at the UN, but is not willing not comply with a UN court’s decision.