Dara In, permanent representative of Cambodia to the UN in Geneva, delivered a statement on the arbitrary detention of 18 Cambodian soldiers who were captured by Thailand, during an interactive dialogue with the UN Human Rights Council working group. He demanded the immediate release of the soldiers.
During the 60th session of the council, on September 17, Dara expressed Cambodia’s deep concerns over the continued detention of the soldiers, who were seized in uniform by Thailand shortly after the 28 July ceasefire came into effect.
He cited Article 118 of the Third Geneva Conventions, which requires their release and repatriation “without delay after the cessation of active hostilities”.
“This obligation is absolute, and neither negotiable nor subject to conditions. Any persistence in detention, whether under the pretext of interrogation or prevention of future hostilities, is without lawful basis and, under Article 130, as reinforced by Article 85(4) (b) of Additional Protocol I, constitutes unlawful confinement a grave breach of the Convention.
“Such breaches entail not only to the international responsibility of the detaining state but also to individual criminal liability under Article 8(2)(a)(vii) of the Rome Statute,” he told the session.
Dara added that the protections accorded to prisoners of war are not exhausted by humane treatment during captivity; they culminate in their immediate and unconditional release and repatriation.
“Cambodia therefore calls upon this council and the working group to uphold these principles and to urge the immediate and unconditional release of the detained soldiers, in fidelity to international law and in the service of peace, justice and humanity,” he said.
The 18 soldiers were arrested on the morning of July 29, more than 50 days ago. Cambodia continues to demand their immediate release.
