02/08/2025
Thailand doe not have any legal background or international law to back up their actions in detaining Cambodia soldiers that they captured after the ceasefire. In this action, Thailand doe not just breach the ceasefire agreement, but also Geneva Convention (1949).
Under Article 118 of the Third Geneva Convention (1949), to which both Cambodia and Thailand are state parties, "Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities." The ceasefire between Cambodia and Thailand, brokered with the involvement of international stakeholders, including the United States, China, and Malaysia, constitutes such a cessation.
Thailand’s refusal to repatriate the captured Cambodian soldiers in a timely manner, especially after having agreed to do so, violates this obligation. Any attempt to justify the delay on grounds of “ongoing interrogation” or “internal process” lacks legal merit once hostilities have ceased.
The Third Geneva Convention also sets clear standards on the treatment of prisoners. Articles 13 and 15 require that prisoners of war be protected from physical and psychological harm and given adequate medical care. The fact that one Cambodian soldier returned with a broken arm and another in psychological crisis raises serious concerns of maltreatment or neglect, which may amount to war crimes under international law.
The credibility of ceasefire agreements hinges on trust and adherence to international law. Thailand’s delay in returning Cambodian soldiers, especially under questionable circumstances, undermines both. If Thailand seeks to maintain its image as a responsible actor in the region, it must uphold its obligations under the Geneva Conventions and cease the practice of unlawful detention.
Author: Huy PanhaCHEZDA