“The Thai government is not fully committed to complying with international humanitarian law”

– Violations of international conventions are serious matters that require a comprehensive investigation of the facts and a careful examination of evidence before rushing to any conclusions and more information is needed. Notwithstanding the importance of not rushing to conclusions, given our current understanding of the circumstances, there is every reason to believe that the Thai government is not fully committed to complying with international humanitarian law.

– The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (adopted by the UN in 1968), establishes that war crimes—including grave breaches of the Geneva Conventions—are not subject to statutory limitations. For violations of other international laws, the situation is much more difficult to determine, and it really depends upon the circumstances of the violations, the relevant law, and the enforcement mechanisms available. It is important to note that violations of law can be responded to, and compensation can be obtained through other means besides the courts, even though the courts are usually the first choice in pursuing justice.

– Border violations or international crimes between Thailand and Cambodia would be most likely heard by the ICJ (for state-to-state issues) or possibly by the ICC (for individual accountability) if the crimes occurred in Cambodia or by Security Council referral.

– Thailand is not a member of ICC, but Cambodia is, and an attack on a member of an ICC member state’s national could create jurisdiction for the ICC, provided the attack involves a Rome Statute crime (war crime, crime against humanity, genocide, or aggression). The ICC’s jurisdiction is based on whether the crime occurred in a State Party’s territory or if the perpetrator is a national of a State Party.

– Whether certain evidence may be precluded from being admitted by a court because of rules of evidence will always be determined on a case-by-case basis.

–YOUK CHHANG Director,

Documentation Center of Cambodia

e: dccam@online.com.kh

August 22, 2025