Former foreign minister Noppadon Pattama plans to highlight the "ambiguity" of Section 190 when he defends himself against a negligence charge over his role in signing the "Preah Vihear communique" without parliamentary approval in 2008.
GOING INTO BATTLE: Former foreign minister Noppadon Pattama
Mr Noppadon said Section 190 of the 2007 charter is flawed and has twice been the subject of amendments.
The section was amended during the Abhisit administration and it is now being revised by parliament, he said.
"I will tell the Supreme Court how flawed Section 190 is," said Mr Noppadon, who is also the legal adviser of ousted prime minister Thaksin Shinawatra.
The Supreme Court's Criminal Division for Holders of Political Positions on Friday accepted for consideration the negligence charge filed against Mr Noppadon by the National Anti-Corruption Commission (NACC).
The commission has accused him of negligence of duty after he signed the communique with Cambodian Deputy Prime Minister Sok An.
Mr Noppadon is expected to appear in court on July 5.
Mr Noppadon said he has been preparing to fight the charge since the document was signed five years ago.
The charter court had earlier ruled that the joint communique, which backs Phnom Penh's request for the listing of Preah Vihear as a Unesco world heritage site, needed parliamentary approval.
Mr Noppadon said the communique does not have the status of a treaty and Cambodia does not treat it as one.
"I was following the suggestion of the chief of the Department of Treaties and Legal Affairs that the communique is not a treaty," he said.
At a press conference yesterday, Mr Noppadon showed the first map that Cambodia submitted to Unesco in 2007 when it sought the listing of Preah Vihear and the surrounding area as a world heritage site, and the layout of the Preah Vihear temple without the surrounding area.
Mr Noppadon said Cambodia had submitted the map with the surrounding area in 2007 before he was foreign minister. His team had negotiated with Cambodia which finally decided to seek the listing of the ancient temple only.
"In short, the Foreign Ministry sees the joint communique as beneficial," he said.
He rebutted Democrat MP Chavanond Intarakomalyasut's assertion that the 2008 communique put Thailand at a disadvantage over territory claims.
Mr Noppadon also said Cambodia has never used the joint communique in the legal dispute at the International Court of Justice because it does not bolster its position.