Thailand eligible to send forces to evacuate Thais from Cambodia, ex-legal chief says

A former Judge Advocate General at the Defence Ministry has suggested that Thailand could be permitted under the Vienna Convention to deploy forces to evacuate Thai nationals if Cambodia does not allow them to cross the border back home.

Gen Krissana Bowornratanarak, a former adviser to the Defence Secretariat and former chief of the Judge Advocate General’s Department, made the suggestion in an article published online on Sunday.

He was referring to the Cambodian government’s closure of border crossings, which has left thousands of Thais stranded at the Poipet border checkpoint.

Krissana wrote that if diplomatic talks fail to persuade Cambodia to allow Thais to return, and if the Thai government believes those stranded are in danger, it could order a non-combatant evacuation operation (NEO).

He said an NEO falls under “military operations other than war” and could be justified under the Vienna Convention on Consular Relations as a remedial measure and humanitarian intervention.

He said an NEO could be carried out if the host country cannot guarantee the safety of foreign nationals. Normally, such an operation would be conducted in coordination with the host country, but it could still proceed even if the host country does not consent or cooperate.

Krissana cautioned that if Thailand conducts an NEO without Cambodia’s consent, Thai forces would have to limit their actions to self-defence and avoid using force that could cause damage in Cambodia, in line with NEO rules of engagement.

He added that Thailand would need to deploy vehicles to evacuate Thai nationals and carry out identity checks before evacuation.

He said the government must also guard against allegations of invasion or violations of Cambodia’s sovereignty, and should inform the UN Security Council of the operation, explaining that it was necessary to save the lives of stranded Thais.