Justice for Whom?

Opinion by Vichet Chhuon
Originally posted at http://www.KhmerWITICA.com
http://www.khmerwitica.com/blog/view/id_650/title_justice-for-whom/

I thank the editors of Khmer Witica for providing a space for Khmer people to share our thoughts on issues that matter to our community.

Tomorrow, April 17, will mark the 33rd anniversary of the Khmer Rouge’s evacuation of Phnom Penh. Many historians have marked this day as the beginning of the Killing Fields. As we enter the New Year, I urge each of us to reflect on the meaning of being part of the Cambodian diaspora and consider our people’s beautiful past, as well as our recent history that is inextricably connected to genocide.

Almost three weeks ago, a community forum was convened at California State University, Long Beach to collect testimonies from community members, academics, and professionals, for possible inclusion in the international criminal trial of former Khmer Rouge leaders. This “hybrid court” composed of both Cambodian and foreign judges will purportedly bring to justice those responsible for the Cambodian genocide. Unfortunately, there have been a number of reports that cite problems with this tribunal including allegations of mismanagement, corruption, and financial shortage. In this article however, I address a more fundamental issue and offer an alternative perspective to what was ostensibly an operating assumption of the community forum I attended. Here, I challenge the idea that these tribunals will achieve justice for the Cambodian people. As such, this court, as it seeks to convict former senior Khmer Rouge officials for their crimes against humanity, is likely on a misguided pursuit of justice for the Cambodian people.

The tragedy that befell the Cambodian people between 1975 and 1979 was a unique brand of mass violence that involved a number of parties beyond those presently charged. One would expect that for these proceedings to approach authentic justice, the court would attempt to hold all parties responsible for their obvious (and not so obvious) involvement in crimes against humanity. How might the conviction of a handful of elderly former Khmer Rouge leaders (and the life imprisonment that would follow) be qualified as justice for Cambodians? What about those lower level Khmer Rouge administrators whose energy and willingness to serve surely facilitated the work of the Khmer Rouge killing machine? What about those actors whose actions contributed to Cambodia’s political instability and helped ripen the country for the Khmer Rouge’s emergence? Historians have well documented the linkages between the Khmer Rouge’s succession to power with the Cold War politics of three decades ago including the United State’s illegal bombings of Cambodia. Moreover, the international community’s lack of response to the plight of Cambodian people in the late 1970s contributed an added dimension of complicity in this tragedy.

As well, have Cambodian people been given the opportunity to share their thoughts on how to achieve justice? What might justice look like for genocide survivors and their families? My candid talks with members of the Cambodian community in southern California and conversations with my own family members provides some, albeit anecdotal, evidence that Cambodian people believe that the hybrid court will likely accomplish very little. A deep distrust in contemporary Cambodian politics combined with the grim understanding that Cambodian lives are probably perceived as less valuable than others surely contribute to this skepticism. My own view is that this tribunal is fueled not so much by Cambodian people’s insistence on justice and accountability but more so by a Western guilt for their complicity in this tragedy. These proceedings have been assembled not because Cambodians are eager to see these elderly men judged as “guilty” but because Westerners and elites need yet another opportunity for after-the-fact, moral grandstanding.

Unfortunately, the type of justice that will emerge from the hybrid court is unlikely to reveal the truths that Cambodians require to turn the page on their tragic past. The court may accomplish a logical sense of justice in that those charged and found guilty are sentenced and imprisoned. But the justice that Cambodians want might be to understand the truth of what occurred and why it occurred (similar with the proceedings of South Africa’s Truth and Reconciliation years ago). This type of justice would help survivors better make sense of their experiences and more fully understand the circumstances in which they lost their loved ones. More immediate than punishment, individuals seek to create causal linkages in the events of their lives. However, this type of justice for Cambodians can only result if truth in all its messy forms is the objective.

I am sure that some victims will take comfort in the conviction and imprisonment of these men, all of whom are well into their 70s and 80s. This is their right and I honor their grief and anger. Most of my father’s side lost their lives during this period. However, this tribunal will not bring them back nor will it allow me to ever know my paternal grandparents. To be clear, my aim here is not to minimize the atrocities committed by the Khmer Rouge or divert attention from the responsibility of these individuals. My goal instead is to suggest that criminal proceedings alone are unlikely to achieve the sort of justice Cambodians deserve. However, it will likely be an either/or situation in this case. Time is running out on the opportunity to gather truth from these former Khmer Rouge leaders. It would be unfortunate if victims did not have ample opportunity to ask these men in person why these decisions were made. Hence, it looks to be a choice between justice in the punitive sense or justice as equated with truth and human understanding.

Ben Kiernan, a respected historian of Cambodia’s recent history, in applauding the decision to institute a hybrid court, noted that “a legal accounting of the crimes of the Khmer Rouge era cannot restore to Cambodians their lost loved ones, but it could give them back their history, if at least the tribunal goes ahead. Cambodian pupils may one day have textbooks to study the tragedy.” Professor Kiernan’s assessment overestimates the court’s impact on Cambodians. The genocide is already included in textbooks but with very little understanding of how these crimes against humanity had been permitted to unfold as they did. This information can be helpful for preventing this evil in the future. Will this tribunal achieve justice? I don’t know but it would be interesting to hear the voices of my community address this important topic. How we handle our tragic past ourselves will surely shape the future of our community. What I am certain of is that this tribunal will not bring back the over one million persons who lost their lives or give life to the countless unborn Cambodians.