Laying down law from Tokyo to Cambodian courts

A Japanese jurist appointed to a Cambodian tribunal, Noguchi is a guest at Yale’s Genocide Seminar Series. (Photo: Caio Camargo/Yale Herald)

BY AMIRA VALLIANI
The Yale Herald (New Haven, Connecticut, USA)
November 03, 2006

Motoo Noguchi, a researcher at Yale’s Genocide Studies Center, was appointed in May 2006 as one of three international judges for the Khmer Rouge trials in Cambodia, which will start next year. The trial, to be held in Cambodian courts, will prosecute the extremist group that held power in Cambodia and was responsible for between 1.3 and 3 million deaths in the late ’70s. Until then, you can find Noguchi in his office on the third floor of Yale’s MacMillan Center or see him speak as part of the Genocide Seminar Series on Thurs., Nov. 9. The Herald sat down with Noguchi to find out a little bit more about the Khmer Rouge trial and his take on life at Yale.

Yale Herald: How will you be an objective judge in this scenario in light of the tragedies that occurred?

Motoo Noguchi: Judges have to always be impartial. Our job is to evaluate the evidence, find the facts and apply the law, however heinous the crimes are. But for the people of Cambodia, it may be different. It’s difficult to find a Cambodian who hasn’t been affected in anyway by the atrocities committed over these four years. Everyone has had someone killed, whether it’s their parents or relatives or friends. Every Cambodian has his own personal sad memory on this era.

YH: So being a foreigner is an asset?

MN: In terms of procedure, the court sometimes may need to be guided by the international standards on due process or human rights. In that context, judges also need to have a good and knowledge of international justice.

YH: What sets apart the Khmer Rouge trial from others like it?

MN: This is taking place in the Cambodian national court, not what is generally called the international criminal tribunals. This Cambodian tribunal, on the other hand, is a national court that is assisted by the UN and the international community, unlike the International Criminal Tribunals for the former Yugoslavia and Rwanda that are part of the United Nations organism and established by a Security Council resolution. At the last stage of negotiations, the Japanese government decided to pay half of the UN portion. That was a decisive factor that established the court from a financial aspect. This Khmer Rouge trial is something a little different from normal development projects, but is still a very significant enterprise for the people of Cambodia. Since 1997, when the Cambodian government first requested assistance in establishing a tribunal, Japan has played quite an important role in the negotiations. Finally, at the last stage of negotiations, the international community faced the difficult issue of how to come up with a budget, which totaled a little more than $56 million for three years.

YH: The Japanese government also appointed you to be one of the judges for the UN-assisted Khmer Rouge trials. Why the Japanese government’s interest?

MN: The Khmer Rouge trial is very relevant to the Japanese government’s continuous assistance to the Cambodian government. We’ve had a relationship with Cambodia since the UNTAC [United Nations Transitional Authority in Cambodia] era, which was established in 1992 after the Civil War ended. The head of UNTAC at that time was Mr. Akashi, who was one of the high-ranked officials in the UN. Thus, the Japanese government assisted UNTAC’s progress very much. Since then, the government has been assisting the Cambodian government heavily in their efforts for reconstruction and development. The Japanese government also wanted to contribute substantially by sending a judge to this court, and my government asked me if I was interested in applying.

YH: How did you move from law school in Japan to your position today?

MN: I’m originally a prosecutor, not a judge. In Japan, a prosecutor belongs to the Ministry of Justice, thus I’ve been in the Ministry of Justice for the past 22 years. For the first 10 years, I was prosecuting cases in Tokyo and other cities. For the next 10 years, I was involved almost exclusively in what we call legal technical assistance or legal reform projects in developing countries—not only in Asia, but all over the world.

YH: So how did Cambodia come into play in your life?

MN: At some point in time, the government sent me to the Asian Development Bank, an international financial institution based in Manila that focuses on development. I was in the legal department there for four years, from 2000-’04, and at the time I was also involved in the legal reform projects in Indochina countries, including Cambodia. So I have some familiarity with the legal system and the judiciary in Cambodia through my 10 years of experience in those activities. That’s probably why the Japanese government thought I might be the appropriate person to apply. For the last three years, I was also involved in the preparation of the accession of the International Criminal Court. During that time, I learned a lot about international criminal, humanitarian, and human rights law, as well as some practical aspects of international criminal tribunals. That experience, network, and knowledge also will help me work in Cambodia.

YH: Tell us bit about your academic experience at Yale.

MN: I’m currently studying in the Genocide Studies program at the MacMillan Center and the Schell Center for International Human Rights at the Law School. I’m surrounded by people who are working on international criminal justice and genocide studies from different backgrounds and areas of expertise. This helps me enhance my understanding of the role that criminal justice can play in this kind of situation. Being in this environment has really prepared me and opened me a lot.