Humanitarian Law in Thailand
As defined by the International Committee of the Red Cross, “international humanitarian law (IHL) is a set of rules that seeks, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not, or are no longer, directly or actively participating in hostilities, and imposes limits on the means and methods of warfare” [1]. Thailand’s 2017 constitution listed numerous sections which outlined what the country considered the “rights and liberties of the Thai people”, including equality regardless of gender, religion, political party, socioeconomic status, and language [2]. Section 28 of the constitution states “torture, brutal acts or punishment by cruel or inhumane means shall not be permitted” and following sections also mention the right to assemble peacefully [3]. A 2017 post from the Permanent Mission of Thailand to the United Nations wrote that “Thailand is a state party to 7 core international human rights instruments, namely the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its Optional Protocol; the Convention on the Rights of the Child (CRC) and its three Optional Protocols on the Involvement of Children in Armed Conflict, on the Sale of Children, Child Prostitution, and Child Pornography, and on a Communications Procedure; the Convention on the Elimination of All Forms of Racial Discrimination (CERD); the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and the Convention on the Rights of the Persons with Disabilities (CRPD)” [4]. Thailand has also recognized the Universal Declaration of Human Rights. Enacted by the government, many of these instruments are also recognized by the larger international community. However, the response of the Thai government to protestors, refugees, and minority groups have earned the nation heavy criticism for violations of these same human right legislations they adopted. This would indicate that while Thailand has enacted several pieces of legislation to define and protect human rights, they do not fully adhere to them.
The Cambodian Genocide
The Khmer Rouge rule began as Thailand was going through a transitional period, from four decades of military dictatorship to democratic rule, and from its role as an American client to a rapprochement with the communist states [-] … a result of the rapid changes in both the domestic and regional situations [5]. Changes in the Thai government saw active cooperation and recognition of the Khmer Rouge regime. Later, shifting alliances with Cambodia reflected lingering tensions between the two countries as skirmishes broke out along Thai-Cambodian borders. In 1994, an article by Morton Abramowitz was published in The Washington Post criticizing Thailand’s assistance to the Khmer Rouge. Abramowitz writes “the ineffectiveness of the Phnom Penh government and an ill-conceived military campaign are key reasons for Khmer Rouge successes. But a major external factor is Thailand’s help for the Khmer Rouge” [6]. Abramowitz continues to comment on Thailand’s foreign policy and political ties with Cambodia. On the issue of response to the violence, Abramowitz states that “the Thai government publicly proclaims the opposite and provides economic assistance to the Phnom Penh government, but even if it doesn’t condone the military’s complicity with the Khmer Rouge in violation of Cambodia’s sovereignty, it has not controlled the practice” [7]. Furthermore, the author comments that “perhaps it cannot, given the Thai government’s weakness relative to the army” [8]. Much like the Rwanda Genocide, outside nations were criticized for what many felt was a lacking response and failure to take initiative to halt mass killings. Thailand has received criticism for its diplomatic ties with Cambodia during the Khmer Rouge regime, yet scholars indicate that reasonings for doing so are more complex than they initially seem. As for the nation itself, Thailand is being watched by several organizations as current inner turmoil, conflict, and alleged human rights abuses continue.
Article written by Alexa Rose
Endnotes
[1] International Committee of the Red Cross. “What Is International Humanitarian Law?” International Committee of the Red Cross, 7 Apr. 2022, https://www.icrc.org/en/document/what-international-humanitarian-law.
[2] “Thailand 2017 Constitution.” Constitute, 27 Apr. 2022, https://www.constituteproject.org/constitution/Thailand_2017?lang=en.
[3] “Thailand 2017 Constitution.” Constitute, 27 Apr. 2022, https://www.constituteproject.org/constitution/Thailand_2017?lang=en.
[4] “Human Rights.” Permanent Mission of Thailand New York, 7 Sept. 2017, https://unmissionnewyork.thaiembassy.org/en/page/80917-human-rights?menu=5d81c6aa15e39c28900078fa.
[5] Rungswasdisab, Dr. Puangthong. “Yale University.” Thailand’s Response to the Cambodian Genocide | Genocide Studies Program, https://gsp.yale.edu/thailands-response-cambodian-genocide.
[6] Abramowitz, Morton. “Pol Pot’s Best Pal: Thailand.” The Washington Post, WP Company, 29 May 1994, https://www.washingtonpost.com/archive/opinions/1994/05/29/pol-pots-best-pal-thailand/ab3c52a0-5e4c-416c-991c-704d1fe816d6/.
[7] Ibid.
[8] Ibid.
Image Source:
Public Domain, https://commons.wikimedia.org/w/index.php?curid=53005
