II TEMPLE OF PREAH VIHEAR (MERITS) (JUDGM. OF 15 VI 62)
B. Submissions, entitled Final Submissions, read at the hearing of
20 March 1962
"May it please the Court:
I. To adjudge and declare that the map of the Dangrek sector
(Annex 1 to the Memorial of Cambodia) was drawn up and published
in the name and on behalf of the Mixed Delimitation Commission
set up by the Treaty of 13 February 1904, that it sets forth the
decisions taken by the said Commission and that, by reason of
that fact and also of the subsequent agreements and conduct of the
Parties, it presents a treaty character;
2. To adjudge and declare that the frontier line between Cambodia
and Thailand, in the dispiited region in the neighborhood of the
Temple of Preah Vihear, is that which is marked on the map of the
Commission of Delimitation between Indo-China and Siam (Annex 1
to the Memorial of Cambodia) ;
3. To adjudge and declare that the Temple of Preah Vihear is
situated in territory under the sovereignty of the Kingdom of
Cambodia ;
4. To adjudge and declare that the Kingdom of Thailand is under
an obligation to withdraw the detachments of armed forces it has
stationed, since 1954, in Cambodian territory, in the ruins of the
Temple of Preah Vihear ;
j. To adjudge and declare that the sculptures, stelae, fragments of
monuments, sandstone mode1 and ancient pottery which have been
removed from the Temple by the Thai authorities since 1954 are
to be returned to the Government of the Kingdom of Cambodia by
the Government of Thailand."
On behalf of the Governrnent of Thailand:
A. Submissions read at the hearing of 20 March 1962
"With respect to the Submissions presented by the Governnient
of Cambodia on the 5th March, 1962, the Government of Thailand
respectfully presents the following as its Submissions to the Court:
1. The Court is asked not to entertain the clairns put fonvard by
Cambodia in paragraphs I and 4 of the Submissions presented on
Monday, 5th March, by the Agent for the Government of Cambodia,
on the ground that both those claims are put fonvard too late and
were not included as claims which the Government of Cambodia
wished to present to the Court in the Application instituting these
proceedings or in the course of the written pleadings and mere for
the first time put forward by the Agent for Cambodia when he
formulated Cambodia's conclusions.
It is therefore submitted that these claims should not now be
entertained by the Court.
2. Alternatively,
In regard to the first of the said claims Thailand submits the
following conclusions :
(i) The map Annex 1 has not been proved to be a document binding
on the Parties whether by virtue of the Treaty of 1904 or
otherwise.