KHON KAEN – Cheers erupted the instant former Prime Minister Abhisit Vejjajiva’s face appeared on the projection screen, but they were not cheers of support for the former figurehead. The enraptured audience was instead hailing the speaker’s assertions accompanying the slide.
At Khon Kaen University’s College of Local Administration last Saturday, a panel of speakers advocated for the role the International Criminal Court could play in bringing justice to the Thai court system by ending impunity for political figures.
Mr. Abhisit’s picture concluded the slide show of a handful of world leaders, including Thomas Lubanga Dyilo of the Democratic Republic of Congo and Charles Taylor of Liberia, who have been taken to the International Criminal Court for committing crimes against humanity. The former prime minister, the speakers said, should be next.
“People in power tell [the military] to kill the people, and this [practice] is still alive,” said Pheu Thai MP Ms. Jarupan Kuldiloke. “It hasn’t stopped yet.”
Thus was the thrust of the arguments included in the forum entitled “The Right of People to Protect Themselves with the International Criminal Court.” Local Red Shirt supporters packed COLA’s auditorium beyond capacity to hear Pheu Thai MP Mr. Sunai Chulponsatorn, Thammasat professors Mr. Piyabutr Saengkanokkul and Ms. Sudsanguan Suteesorn, KKU professor Mr. Kittibodi Yaipool, and Ms. Jarupan present on the subject.
The Thai judicial system, the panelists asserted, has historically been biased towards people in power by granting impunity to those who have committed what the speakers believe to be crimes against humanity, most recently for those involved in the 2010 April and May military crackdown. Additionally, they said that the court has been biased against the rural poor, in the case of the 2010 crackdown on the overwhelmingly Isaan-based Red Shirt movement.
The event was doubly significant for Thais fighting for human rights as the date marked the 36th anniversary of the Thammasat University massacre, a tragedy that still resonates in the memories of many Thai people. Those behind the military orders that claimed the lives of at least 46 student activists and wounded countless more have never been brought before Thai court for what the panelists asserted were crimes against humanity. Consequently, the speakers used the October 1976 event to provide historical context for the pervasive injustice they believe still runs rampant within the Thai court system.
“The government has a duty to protect its people’s rights, but the government is abusing its power,” said Ms. Sudsanguan. Consequently, the ICC, she asserted, would be a mechanism to alleviate the inequalities of the Thai court and reinforce the political rights of all people, not just those in power.
In 1998, the United Nations created the Rome Statute of the International Criminal Court as a court of last resort. The court’s jurisdiction covers individuals who have committed genocide, crimes against humanity, war crimes, and crimes of aggression, but only under the condition that the country’s national justice system is unable or unwilling to do so itself. As it stands, however, Thailand has yet to ratify the Rome Statute of the ICC although it became a signatory 10 years ago.
“Basic democratic societies should be equal. Every human should be equal, but does Thai society really respect this?” Mr. Kittibodi posed to a captivated audience. “Isaan has many minerals and resources, but why are Isaan people still poor? Why are Isaan people not treated equally?”
Though speaking to an overwhelmingly Red Shirt audience, Mr. Piyabutr argued that utilizing the ICC would be a step forward for all Thais, not just for the Red Shirt movement. “If the ICC is successful in Thailand, it will be able to move the country forward. The ICC will be good for the Thai people because the power of the Thai soldiers will be restrained so that they will stop hurting [the] people as they have in the past,” he said, alluding to both the Thammasat massacre and the 2010 crackdown.
Mr. Piyabutr, a member of the controversial Nitirat group of law academics at Thammasat, spoke vehemently about the need to curtail impunity for political figures. In particular, he focused on Article 12 Paragraph 3 of the ICC which asserts that the ICC can exercise jurisdiction over states not yet part of the statute under certain conditions. This article, he asserted, is significant because former Prime Minister Abhisit Vejjajiva and his Deputy Prime Minister Suthep Thaugsuban could be taken to the ICC under it, if Thailand fits the preconditions.
Not all the speakers advocated for the inclusion of the ICC, however. Mr. Kittibodi, although supportive of the ICC’s potential role in ending impunity for political figures, asserted that there should be a more stringent focus on fixing the current Thai judicial system to mitigate the need to take such cases to the ICC. “Other countries will laugh at Thailand because it can’t take care of itself and needs to go to the ICC [to solve its problems],” Ms. Sudsanguan said, in support of Mr. Kittibodi’s suggestion.
As Thais debate how to pave the road to national reconciliation, many stand divided on the potential support of an international court like the ICC. The reactions of the audience at the forum, however, indicate that support for the international court’s intervention continues to grow among Red Shirts of the Northeast.