called by the Government of Cambodia:
M. Suon Bonn, former Govemor of Kompong Thom, Inspector of
Political and Administrative Affairs in the Ministry of the Interior
of Cambodia, as witness ;
called by the Government of Thailand:
Professor Willem Schermerhorn, Dean of the International Training
Center for Aerial Survey, Delft, and Director of the Consulting
Department of the Center, as expert;
Mr. Friedrich E. Ackermann, Dipl. Ing., Lecturer at the International
Training Center for Aerial Survey, Delft, and member of
the Consulting Department of the Center, as witness and expert;
Mr. Herman Theodoor Verstappen, geomorphologist, Head of the
Geological Section of the International Training Center for
Aerial Survey, Delft, as expert.
At the hearing held on 19 March 1962, the Court withdrew and
reassembled in private to attend, in the presence of the representatives
of the Parties, the showing of a film of the place in dispute
filed by Cambodia. During the projection of the film and with the
authorization of the President, M. Suon Bonn gave bnef indications
relating to points of fact.
In the course of the written proceedings, the following Submissions
were presented by the Parties :
On behalf of the Government of Cambodia,
in the Application and in the Memorial:
"May it please the Court to adjudge and declare, whether the
Kingdom of Thailand appears or not:
(1) that the Kingdom of Thailand is under an obligation to withdraw
the detachments of armed forces it has stationed since 1954
in the ruins of the Temple of Preah Vihear;
(2) that the territorial sovereignty over the Temple of Preah
Vihear belongs to the Kingdom of Cambodia";
in the Reply:
"May it please the Court:
I..-To reject the submissions presented by the Kingdom of
Thailand in its Counter-Memorial, subject, in particular, to
the presentation, if necessary, of any other grounds for the
rejection of any further submissions that may be presented by
the Kingdom of Thailand; II..-To find in favour of the submissions contained in its Application
instituting proceedings and in its Memorial.
To adjudge and declare
1.-That the Kingdom of Thailand is under an obligation to withdraw
the detachments of armed forces it has stationed since
1954 in the ruins of the Temple of Preah Vihear;
2.-That the territorial sovereignty over the Temple of Preah
Vihear belongs to the Kingdom of Cambodia."
On behalf of the Government of Thailand,
in the Counter-Memorial :
"The Government of Thailand submits:
(1) that the claims of the Kingdom of Cambodia formulated in
the Application and the Memorial are not sustainable and should be
rejected;
(2) that Phra Viharn is in Thai territory : and the Court is respectfully
asked so to adjudge and declare."
During the oral proceedings, Counsel for Thailand asked, at the
close of the hearing of 13 March 1962, to be allowed to defer formulating
the Final Submissions on behalf of Thailand until after the
evidence of witnesses and experts. The Agent for Cambodia was
requested to express his views on the matter and declared that he
relied entirely on the justice and wisdom of the Court. The Court,
after having deliberated, granted the authorization requested, it
being understood that, after the evidence of witnesses and experts
and before the filing of the Final Submissions of Thailand, the
Agent for Cambodia might file such modifications to his own Submissions
as he wished to make after having heard the evidence.
The Submissions presented by the Parties during the oral proceedings
and in particular after the foregoing decision were as
follows:
On behalf of the Government of Cambodia:
A. Submissions read at the hearing of 5 March 1962
"May it please the Court:
Part 3 |