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History of Prasat Preah Vihear


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ague for Cambodia was former U.S. Secretary of State Dean Acheson, while Thailand’s legal team included a former British attorney general, Sir Frank Soskice. Cambodia contended the map showing the temple as being on Cambodian soil was the authoritative document. Thailand argued that the map was invalid and that it was not an official document of the border commission, and that it clearly violated the commission’s working principle that the border would follow the watershed line, which would place most of the temple in Thailand. If Thailand had not protested the map earlier, the Thai side said, it was because Thai authorities had had actual possession of the temple for some period of time, due to the great difficulty of scaling the steep hillside from the Cambodian side, or simply had not understood that the map was wrong.

On 15 June 1962, the court ruled 9 to 3 that the temple belonged to Cambodia and, by a vote of 7 to 5, that Thailand must return any antiquities such as sculptures that it had removed from the temple. In its decision, the court noted that in over the five decades after the map was drawn, the Siamese/Thai authorities had not objected in various international forums to its depiction of the temple’s location. Nor did they object when a French colonial official received the Siamese scholar and government figure Prince Damrong at the temple in 1930 (before the Thais realised the map was wrong). Thailand had accepted and benefited from other parts of the border treaty, the court ruled. With these and other acts, it said, Thailand had accepted the map and therefore Cambodia was now the owner of the temple.

Australian judge Sir Percy Spender wrote a scathing dissent for the minority on the court, however, pointing out that the French government had never mentioned Thai "acquiesance" or acceptance at any time, not even when Thailand stationed military observers at the temple in 1949. On the contrary, France always insisted that their
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