Cambodia can go along with Thailand to the ICC

Cambodia can go along with Thailand to the ICC

Cambodia can go along with Thailand to the ICC that plans to sue Cambodia to the International Criminal Court. Cambodia could accompany with the Thai side to the end if the latter has a real intention and not just talking about using the international mechanism to resolve the border disputes. The Royal Government of Cambodia has always shown a strong stance and clearly and unhesitatingly announced its full acceptance of international legal mechanism. And this statement was made after the Acting Thai Prime Minister, Mr. Phumtham, ordered the preparation of criminal and civil lawsuits against Cambodia to the international community.

In response to the Thai side, Cambodia also has the full capacity to prepare sufficient evidence related to the offenses committed by the Thai side during its 5-day-long attack against Cambodia. On July 24, 2025, the Thai military launched a surprise attack on Cambodia with the aim of invading the sovereignty and territorial integrity of Cambodia, which completely goes against the international law under Article 2 of UN Charter and Article 2 of ASEAN Charter.

Throughout this illegal military operation of invading and attacking Cambodia, the Thai side used many internationally illegal weapons against the Cambodian forces and civilian targets such as people’s homes and schools, etc., in addition to their warplanes to fire long-range rockets (F-16) on Cambodian temples, the ancient temple which is the world heritage site of UNESCO, etc.

And this constitutes a serious war crime, a crime against humanity as well as a serious violation of the ICC Rome Statute, the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, the Second Protocol of 1999 to the 1954 Hague Convention and the 1972 UNESCO Convention.
Worse still, the Thai army dropped cluster bombs and poison gas to attack the Cambodian forces stationed in Cambodian territory with the clear objectives of violating the Cambodian sovereignty and killing Cambodian soldiers on Cambodian territory. The use of these illegal weapons by the Thai army is a complete and undeniable violation of the Convention banning the use of anti-personnel cluster bombs and poison gas and also a serious violation of the Convention on the Prohibition of Chemical Weapons (CWC).

Apart from using all forms of illegal means on land and air, and having suffered defeat by the courageous and brave Cambodian armed forces, the Thai army shamelessly committed inhumane acts against international law, by going to the length of continued violation of Cambodian sovereignty even after the coming into effect of the ceasefire agreed in Malaysia. This Truce Accord was achieved under the eyes of the international community, coordinated by the ASEAN Chair, Malaysia, and co-organized by the United States of America and actively participated by the People’s Republic of China.
What is more serious is that the Thai side captured 20 Cambodian soldiers as hostages after the ceasefire came into effect which is a complete violation of Article 118 of 1949 Geneva Convention. According to Thai sources who requested anonymity, they tortured the Cambodian soldiers resulting in the loss of one life and two seriously injured who were recently sent back to Cambodia; unfortunately, up to now, the Thai side has not yet repatriated the remaining Cambodian soldiers under its custody.

Along with the intention to sue Cambodia to the International Criminal Court, the Thai side should also be courageous with Cambodia regarding the 4 contested cases of Ta Moan Thom Temple, Ta Moan Toch temple, Ta Krabei Temple and Mom Bei area to the International Court of Justice for adjudication as well.

The author is a Professor and Political Analyst. The views expressed here are the author’s own.