Violations of international conventions are serious matters that require a comprehensive investigation of the facts, as well as a careful examination of the evidence, before rushing to any conclusions. 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 has not 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. It depends upon the circumstances of the violations, the relevant laws and which enforcement mechanisms are available. It is essential 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 referral from the UN Security Council.
Thailand is not a member of the ICC, but Cambodia is. An attack on the nationals of an ICC member state 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 to court because of rules of evidence will always be determined on a case-by-case basis.
Youk Chhang is director of the Documentation Center of Cambodia. The views and opinions expressed are his own.
