PHNOM PENH / WASHINGTON - Attorney Samantha Yem, founder of SK Law Office, has released a legal analysis examining the limits of self-defense under international law amid ongoing clashes between Thailand and Cambodia, emphasizing that the legality of force depends on conduct over time rather than initial claims of responsibility.
The analysis addresses Thailand’s invocation of Article 51 of the United Nations Charter, which recognizes a state’s inherent right of self-defense following an armed attack. According to Yem, while invoking Article 51 is lawful, international law imposes strict conditions that must be continuously satisfied.
“Self-defense under international law is not open-ended,” Yem said. “It requires necessity, immediacy, and proportionality, and those requirements apply throughout the duration of military operations.”
The analysis notes that independent reporting by Reuters and the Associated Press has not conclusively established responsibility for initiating hostilities in early December, with both governments attributing blame to the other. In such circumstances, Yem explains, international legal scrutiny shifts to how force is used after the initial incident.
Yem’s assessment highlights that international law permits force necessary to repel an attack and prevent its immediate recurrence, but does not authorize prolonged operations aimed at long-term strategic degradation. Public statements and subsequent reporting describing expanded military activity, including air operations and measures affecting supply routes, may influence how the scope and purpose of force are evaluated under international law.
The analysis also underscores the application of international humanitarian law once hostilities exist, regardless of how they began. Reports of civilian displacement and casualties on both sides of the border engage legal obligations related to civilian protection, distinction, and precaution.
Allegations raised by Cambodia regarding air operations near displaced populations and strikes deeper within its territory have not been independently verified. However, Yem notes that international law requires such claims to be examined carefully rather than dismissed in advance.
“International law operates cumulatively,” Yem said. “As objectives expand and civilian harm increases, the legal risk associated with continued operations also increases.”
Yem emphasized that the analysis does not assign criminal responsibility or characterize any party’s actions as unlawful, noting that such determinations require evidence and judicial process. Instead, the assessment highlights the role of restraint as a legal requirement designed to prevent escalation and protect civilians during armed conflict.
About Samantha Yem
Samantha Yem is a Cambodia-qualified attorney and founder of SK Law Office in Phnom Penh. She advises on cross-border disputes, regulatory compliance, and legal risk.
About SK Law Office
SK Law Office is a Phnom Penh–based law firm providing legal services in corporate, investment, finance, real estate, and regulatory matters. The firm advises clients engaged in cross-border transactions and risk management in Southeast Asia.
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Contact Person: Samantha Yem
Company Name: SK Law Office
Email: info@sk-laws.com
Website: https://sk-laws.com
Country: Cambodia
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Company Name: SK Law Office
Contact Person: YEM
Email: Send Email
Country: Cambodia
Website: sk-laws.com
