Access Denied: Assessing Thailand’s Legal Obligations to Displaced Persons from Prey Chan and Chouk Chey (Ban Nong Ya Kaeo) Under International Humanitarian Law

by | Apr 9, 2026

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About Chitizraj Gurung

Chitizraj Gurung is a MA candidate for Ethics, Peace, and Human Rights at American University. He has a BS in Criminology, Law, and Society with a minor in International Security from George Mason University. His research has focused on the intersection between international law and violence.

There are reports of forced displacements at the disputed Thai-Cambodian border areas. The villages of Prey Chan and Chouk Chey (Ban Nong Ya Kaeo in Thai sources) have seen Cambodian houses destroyed by Thai military forces as a “security measure.” Thai authorities also denied access to the villages from the Cambodian side through armed barricades. Regardless of any territorial claims, Thailand violates Article 49 of the Geneva Conventions and supporting international humanitarian law by displacing Cambodian civilians and destroying their properties without imperative military necessity after the third ceasefire agreement with Cambodia.

The current crisis over the borders of Thailand and Cambodia descend from overlapping claims between the former Kingdom of Siam, which turned into Thailand, and the portion of French Indochina that corresponds to modern Cambodia. An area of explicit disagreement after the independence of Cambodia in 1953 was on the ownership of Preah Vihear, an ancient Hindu temple. While the International Court of Justice ruled in favor of Cambodia’s claim, Thailand never relented on their right to it and other areas that fell under their understanding of the historic French Siamese border.

In 2025, recriminations over the use of landmines in the Thai-Cambodian border escalated to a full-blown war. Armed conflict officially started on July 24 with a ceasefire later announced on July 28. The ceasefire was followed with a peace agreement on October 26. After the peace deal broke down on landmines, the conflict restarted on December 8. Finally, a third ceasefire was announced on December 27. UN Secretary-General António Guterres noted large-scale civilian deaths, injuries, and displacements in the interim.

Prey Chan and Chouk Chey (Ban Nong Ya Kaeo), villages inside Cambodia’s Banteay Meanchey province and Thailand’s Sa Kaeo province, were hit hard during the July and December phases of the war. An official Cambodian source put more than 4,600 civilians living in shelters. Only about 20% of pre-war properties remained accessible to the Cambodian population. The Khmer Times were able to capture footage of destroyed houses in what was alleged to be indiscriminate bombings of Chouk Chey (Ban Nong Ya Kaeo). Pen Rithy, the chief of the village, pointed out containers, barbed wires, and other obstacles that prevented access to it. The separation was confirmed by a statement from the 1st Army Area, who were responsible for the Thai sections of Prey Chan, Chouk Chey (Ban Nong Ya Kaeo), and others. They cited the captured villages as under Thai sovereignty. The access previously afforded to Cambodian nationals were only a temporary measure, and the removal of their property after the ceasefire was to get rid of future security hazards. Anutin Charnvirakul, the prime minister of Thailand, promised to build a border wall around the disputed area.

Under Article 29 of the Geneva Conventions, to which Thailand and Cambodia are parties, no States have the right to permanently deport protected persons from the lands they occupy. A temporary evacuation, inside the boundaries of the occupied territory, may be allowed. None of the exceptions apply in the case of Prey Chan and Chouk Chey (Ban Nong Ya Kaeo). The Cambodian nationals departed the area because it was an active warzone in July and December. After the ceasefire was declared, Thailand, as the occupying power, had an obligation to allow them to return. The deployment of barriers by Thai authorities to block said access is an explicit violation of Article 29. The post-ceasefire destruction of civilian properties in Prey Chan and Chouk Chey (Ban Nong Ya Kaeo) is also against the letter of the Rome Statute of the International Criminal Court. Article 8(2)(b)(xiii) of the Statute classifies the destruction of enemy property not within the necessities of war as a potential war crime. There was no military necessity for the barriers because there was no war with Cambodia to justify them.

The actions taken by Thai authorities to restrict and destroy the access of Cambodian nationals to their former homes in Prey Chan and Chouk Chey (Ban Nong Ya Kaeo) runs counter to international humanitarian law. Claims of sovereignty cannot be an excuse to sidestep obligations owed to protected persons. Thailand should move to redress the violated rights of the Cambodian nationals and compensate them for their losses.

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