Thailand, Cambodia agree to comply with international law on captured soldiers after ‘positive’ talks in KL

KUALA LUMPUR: Thailand and Cambodia have agreed to comply with international humanitarian law in treating each other’s captured soldiers, and will facilitate the “dignified and timely return” of deceased individuals.

The two Southeast Asian countries locked in a border dispute met in Kuala Lumpur on Thursday (Aug 7) for an extraordinary general border committee meeting.

After five days of fighting last month that resulted in at least 38 people killed and the displacement of over 300,000 people on both sides, they agreed to halt their deadliest conflict in more than a decade, with a ceasefire taking place at the stroke of midnight on Jul 29.

Both sides also agreed on Thursday that in the event of an armed conflict, whether intentional or unintentional, they would promptly consult at the local level through existing bilateral mechanisms to prevent the situation from escalating along the entire border.

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In a joint statement, Thailand and Cambodia said that the meeting “was held in a constructive and positive atmosphere, resulting in meaningful outcomes”. 

“Both sides reaffirmed their steadfast commitment to the full and effective implementation of the terms of the ceasefire agreed upon.”

The meeting was co-chaired by Cambodia’s Deputy Prime Minister and National Defence Minister, General Tea Seiha, and Thailand’s Acting Defence Minister, General (Ret) Nattaphon Narkphanit. 

Malaysian Home Minister Saifuddin Nasution observed the meeting along with representatives from the United States and China.

Eighteen Cambodian soldiers are still being held by the Royal Thai Army as of Monday. Thailand had on Aug 1 returned two wounded Cambodian soldiers.  

The number of Thai soldiers captured by Cambodia is unclear.

The two countries agreed that captured soldiers shall be immediately released and repatriated after the cessation of active hostilities. This is in accordance with Article 118 of the Third Geneva Convention of 1949 and Rule 128(A) of the Customary International Humanitarian Law.

As to the dignified and timely return of deceased individuals, they agreed to take appropriate measures to identify and manage the dead under sanitary and respectful conditions.

On Thursday, both countries also agreed to allow the Association of Southeast Asian Nations (ASEAN) to act as observers of the ceasefire, Thailand's Acting Minister of Defence Nattaphon said.

Pending an ASEAN observer team led by Malaysia as agreed on Jul 28, interim teams made up of defence attaches of ASEAN members accredited to Cambodia or Thailand will be established separately in each country.

Both sides also agreed to maintain their current troop deployments as at the time of the ceasefire, without further movement. 

They will not increase forces along the entire border as this would heighten tensions and negatively affect long-term efforts to resolve the situation. 

They agreed not to undertake “provocative” actions including military activities to enter the other side's air space and territory or positions as of the ceasefire. They will refrain from constructing or enhancing any military infrastructure or fortifications beyond their own side.

SINCERITY AND COMMITMENT 

At a press conference after the meeting, however, Nattaphon claimed that while the border situation has become more stable, Cambodia continued to deploy additional troops to the area and has operated unmanned aerial vehicles to conduct surveillance over Thai territory. 

At the policy level, Cambodia has shown its sincerity, he acknowledged.

“Violations of the ceasefire, as mentioned prior, may be arbitrary acts by the military units in the area,” Nattaphon said.

Thailand remained committed to continuing engagement in a sincere and constructive manner based on principles of good neighbourliness and hoped the same from Cambodia, he added. 

“Thailand and Cambodia are neighbours that share a common border and cannot move away from each other. We are also members of the same ASEAN family. If both our countries can resolve this issue swiftly, peace will return to our shared border area. And our people will be able to resume their normal lives in peace once again,” he said. 

At a separate press conference, Cambodian Defence Minister Tea hoped that Thailand would immediately release and return the 18 Cambodian soldiers. 

He also said that Cambodia was determined to work in good faith and cooperate with Thailand, Malaysia, other ASEAN member states and relevant partners to ensure the ceasefire's full and effective implementation.  

Malaysia Home Minister Saifuddin said the ceasefire was not merely a pause, but a promise to prevent further suffering.

It must be honoured through commitment, effective monitoring and sincere political will from both sides, he said.

“In ASEAN, we believe in resolving disputes through consensus, non-confrontation, and through trust, mutual respect, and the spirit of non-interference. We strengthen our regional unity,” he said. 

Malaysia is ready to offer assistance in facilitating talks, building confidence and supporting practical mechanisms for monitoring the ceasefire, Saifuddin said.

Singapore said on Friday it "welcomes the positive outcomes" reached at the meeting.

"We congratulate all parties involved in the successful conclusion of the meeting, which was facilitated by Malaysia in its capacity as the ASEAN Chair, as a positive step towards regional peace and stability," said the country's Ministry of Foreign Affairs.