13 Feb 2007Luke Hunt
World Politics Watch Exclusive
HONG KONG -- As the ousted dictator Saddam Hussein swung miserably from the gallows there were no shortage of political leaders -- past and present, East and West -- who were willing to express their dismay or a touch of glee.
The political point scoring has abated since the December hanging. However, among the least noted to comment on the execution was a former Khmer Rouge leader, Nuon Chea, who defended the former Iraqi president and claimed "Saddam Hussein had a spirit of national love."
His comments were not surprising.
Like Saddam Hussein, Nuon Chea expects to face trial on charges of crimes against humanity, and while the allegations against Pol Pot's former number two are much grander, both men had a habit of cloaking their actions, like genocide, in nationalistic euphemisms.
It's a line that goes something like: "What was done was in the interest of all Iraqis, read Cambodians, and was necessary to rid Cambodia, read Iraq, of the evil outside forces that threaten our very existence."
But where the trial and execution of Saddam Hussein was as swift as it was cruel, the same cannot be said for Nuon Chea or the Cambodian people. Justice has evaded them since the Vietnamese ousted Pol Pot and his cohorts from power in January, 1979.
Ironically, the chances of Nuon Chea, or any surviving Khmer Rouge leader, being put in the dock for the deaths of a third of Cambodia's population are wilting amid the very familiar sound of nationalistic rhetoric, only this time it's from those charged with dispensing justice.
Until recently, indictments against possibly 10 former Khmer Rouge leaders had been expected to be issued about now. The tribunal, known as the Extraordinary Chambers in the Courts of Cambodia, had expected to be underway by May.
That won't happen despite an agreement being struck with the United Nations and Cambodia in July, 2003, after six years of tortuous negotiations and the international community coughing-up $56 million to fund it.
Instead, a dangerous rift has emerged from behind a semblance of public cooperation between the Cambodian and international judges and lawyers.
It began last November when they failed to agree on about 100 basic rules needed to kick-start the trial, and the gulf is widening amid cultural and political differences, with two blocs being formed: foreign jurists on one side and the Cambodians on the other.
Initially, the Cambodian judges were accused of stonewalling their foreign counterparts amid undue political influence being exerted by elements in the government, which rights activists claim are trying to block the tribunal.
Then the International Bar Association abandoned a legal training program, meant to bring Cambodian lawyers up to speed with international law, after the Cambodian Bar Association boycotted the program and threatened to take measures against any member who participated.
The Cambodian Bar Association is now demanding greater control over the legal defense of former Khmer Rouge leaders and international lawyers have threatened to walk out of the country.
The Bar also insists it will not approve any foreign lawyer whose home country does not grant Cambodian attorneys reciprocal rights to practice law.
Given the reputation of Cambodia's legal system, it is highly unlikely that legal authorities in London, Paris or New York will grant that request.
Association president Ky Tech is also demanding Bar approval for the list of defense attorneys and has threatened to sue the tribunal -- alongside any government and foreign bar associations if their demands are not met.
The Bar has objected to the Defense Office and its principal defender, British lawyer Rupert Skilbeck. That position, according to the Bar, should also be filled by a Cambodian.
Then, in late January, the tribunal suffered another setback when foreign and Cambodian judges again failed to agree on the internal regulations. Expectations for a tribunal start date have been pushed back towards the end of this year.
Such regulations may sound mundane, but the court's members must adopt the rules so the court clearly meets international standards of justice and the selfish demands by Cambodian judges smack of nationalistic excuses.
This has escalated fears that other elderly regime figures like Nuon Chea, former head of state Khieu Samphan and ex-foreign minister Ieng Sary, who live freely in Cambodia, could die before being brought to justice.
Allegations include the deaths of up to two million people through starvation, overwork and from execution during the 1975-79 rule of the ultra-Maoists, which also abolished religion, property rights, currency and schools.
The belligerent, and steely eyed Nuon Chea has always argued, like Saddam Hussein, he only acted on behalf of all Cambodians and against the outside forces who sought to control them. This will be his defense.
"The people never used the word genocide. Only the invaders use the word genocide," Nuon Chea said during a more recent interview.
It is a well-worn argument that the Khmer Rouge have been unjustly maligned by foreigners. If the tribunal collapses and justice continues to evade Cambodians, then brace yourself, because the Cambodian Bar Association will trot out a similar defense for its failures, just like Pol Pot's most trusted lieutenant.
Luke Hunt is a Hong Kong-based journalist.
The political point scoring has abated since the December hanging. However, among the least noted to comment on the execution was a former Khmer Rouge leader, Nuon Chea, who defended the former Iraqi president and claimed "Saddam Hussein had a spirit of national love."
His comments were not surprising.
Like Saddam Hussein, Nuon Chea expects to face trial on charges of crimes against humanity, and while the allegations against Pol Pot's former number two are much grander, both men had a habit of cloaking their actions, like genocide, in nationalistic euphemisms.
It's a line that goes something like: "What was done was in the interest of all Iraqis, read Cambodians, and was necessary to rid Cambodia, read Iraq, of the evil outside forces that threaten our very existence."
But where the trial and execution of Saddam Hussein was as swift as it was cruel, the same cannot be said for Nuon Chea or the Cambodian people. Justice has evaded them since the Vietnamese ousted Pol Pot and his cohorts from power in January, 1979.
Ironically, the chances of Nuon Chea, or any surviving Khmer Rouge leader, being put in the dock for the deaths of a third of Cambodia's population are wilting amid the very familiar sound of nationalistic rhetoric, only this time it's from those charged with dispensing justice.
Until recently, indictments against possibly 10 former Khmer Rouge leaders had been expected to be issued about now. The tribunal, known as the Extraordinary Chambers in the Courts of Cambodia, had expected to be underway by May.
That won't happen despite an agreement being struck with the United Nations and Cambodia in July, 2003, after six years of tortuous negotiations and the international community coughing-up $56 million to fund it.
Instead, a dangerous rift has emerged from behind a semblance of public cooperation between the Cambodian and international judges and lawyers.
It began last November when they failed to agree on about 100 basic rules needed to kick-start the trial, and the gulf is widening amid cultural and political differences, with two blocs being formed: foreign jurists on one side and the Cambodians on the other.
Initially, the Cambodian judges were accused of stonewalling their foreign counterparts amid undue political influence being exerted by elements in the government, which rights activists claim are trying to block the tribunal.
Then the International Bar Association abandoned a legal training program, meant to bring Cambodian lawyers up to speed with international law, after the Cambodian Bar Association boycotted the program and threatened to take measures against any member who participated.
The Cambodian Bar Association is now demanding greater control over the legal defense of former Khmer Rouge leaders and international lawyers have threatened to walk out of the country.
The Bar also insists it will not approve any foreign lawyer whose home country does not grant Cambodian attorneys reciprocal rights to practice law.
Given the reputation of Cambodia's legal system, it is highly unlikely that legal authorities in London, Paris or New York will grant that request.
Association president Ky Tech is also demanding Bar approval for the list of defense attorneys and has threatened to sue the tribunal -- alongside any government and foreign bar associations if their demands are not met.
The Bar has objected to the Defense Office and its principal defender, British lawyer Rupert Skilbeck. That position, according to the Bar, should also be filled by a Cambodian.
Then, in late January, the tribunal suffered another setback when foreign and Cambodian judges again failed to agree on the internal regulations. Expectations for a tribunal start date have been pushed back towards the end of this year.
Such regulations may sound mundane, but the court's members must adopt the rules so the court clearly meets international standards of justice and the selfish demands by Cambodian judges smack of nationalistic excuses.
This has escalated fears that other elderly regime figures like Nuon Chea, former head of state Khieu Samphan and ex-foreign minister Ieng Sary, who live freely in Cambodia, could die before being brought to justice.
Allegations include the deaths of up to two million people through starvation, overwork and from execution during the 1975-79 rule of the ultra-Maoists, which also abolished religion, property rights, currency and schools.
The belligerent, and steely eyed Nuon Chea has always argued, like Saddam Hussein, he only acted on behalf of all Cambodians and against the outside forces who sought to control them. This will be his defense.
"The people never used the word genocide. Only the invaders use the word genocide," Nuon Chea said during a more recent interview.
It is a well-worn argument that the Khmer Rouge have been unjustly maligned by foreigners. If the tribunal collapses and justice continues to evade Cambodians, then brace yourself, because the Cambodian Bar Association will trot out a similar defense for its failures, just like Pol Pot's most trusted lieutenant.
Luke Hunt is a Hong Kong-based journalist.
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