April 15, 2009By Chak Sopheap
Guest Commentary
UPI Asia Online
Niigata, Japan — It is not surprising that many foreigners know the details of the Khmer Rouge regime, which ruled Cambodia from 1975-1979, while the young generation of Cambodians may not even know that this inhuman regime ever existed. Cambodian schoolchildren are taught almost nothing about this dark period of their country’s history. Even 30 years after the Khmer Rouge committed its atrocities against the Cambodian people the subject is still sensitive among political groups.
Fortunately, “A History of Democratic Kampuchea,” written by Cambodian author Khamboly Dy and published in 2007, helps to fill in the gap and educate the nation about the murderous regime. The Education Ministry has approved the book as a "core reference" for history classes, but not as part of the core curriculum.
Still, the scope of the textbook is limited and it is controversial in its naming of only certain individuals involved in the regime, its characterization of the massive movement against the Khmer Rouge, and its unclear interpretation of a long-standing political debate in Cambodia over whether Vietnam “liberated” or “invaded” the country when it ousted the Khmer Rouge. Therefore, the young generation is still skeptical about the truth concerning the Khmer Rouge.
When the Extraordinary Chambers in the Courts of Cambodia, popularly known as the Khmer Rouge Tribunal, was established, many Cambodians hoped it would bring justice, truth and reconciliation for the victims and survivors of the regime. This new hybrid, national-international tribunal was expected to accomplish three things:
However, it is questionable whether these expectations will be met. The claim that the Khmer Rouge Tribunal will benefit Cambodians could turn out to be merely a myth – such a tribunal may not be the best option for national reconciliation.
For one thing, the scope of the tribunal is limited to senior regime leaders who planned its actions or gave orders, as well as those most responsible for committing serious crimes. The foreign countries that supported the Khmer Rouge, or acted as the main catalyst for the emergence of this cruel regime, will not be brought to court. The tribunal’s regulations indicate clearly that only individuals who committed crimes will be tried. This court is not mandated to sentence countries or organizations.
Therefore, only local leaders and a few high-level leaders that were directly involved in the genocide will be sentenced, while many others will go unpunished. It is doubtful if justice and the rule of law will prevail.
Those who support the tribunal may say it is better than nothing, that it is better to accept justice in a narrow sense than to have none at all. But real justice would only be achieved if all who are accused are treated fairly by the court. If the trial procedures do not reveal the root cause of the problem, it is unacceptable.
It is also unclear to what extent these trials can serve as a model for an independent court system in Cambodia, as corruption and nepotism are so widespread, even within this court. Moreover, it is unlikely that the whole truth about the Khmer Rouge regime will emerge through the proceedings of the tribunal. If this tribunal is to be the final page in the Khmer Rouge history, it will be unjust and misleading for future generations.
There are better alternatives to this court setup if justice and national reconciliation are the goals. The funds allocated for the court, which have already exceeded the original budget, should have been used for restorative justice – a healing process – rather than this imperfect retributive justice.
For Cambodian society, real reconciliation will be found only when trust returns between individuals; when they can smile at and trust each other again. Thus, a national dialogue or truth commission should be set up so that people, especially the victims, can fully participate to address their suffering and their needs.
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(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)
Fortunately, “A History of Democratic Kampuchea,” written by Cambodian author Khamboly Dy and published in 2007, helps to fill in the gap and educate the nation about the murderous regime. The Education Ministry has approved the book as a "core reference" for history classes, but not as part of the core curriculum.
Still, the scope of the textbook is limited and it is controversial in its naming of only certain individuals involved in the regime, its characterization of the massive movement against the Khmer Rouge, and its unclear interpretation of a long-standing political debate in Cambodia over whether Vietnam “liberated” or “invaded” the country when it ousted the Khmer Rouge. Therefore, the young generation is still skeptical about the truth concerning the Khmer Rouge.
When the Extraordinary Chambers in the Courts of Cambodia, popularly known as the Khmer Rouge Tribunal, was established, many Cambodians hoped it would bring justice, truth and reconciliation for the victims and survivors of the regime. This new hybrid, national-international tribunal was expected to accomplish three things:
- First, it should bring justice to those who died and help those who survived to release their suffering.
- Second, it should strengthen the rule of law by judging and punishing the criminals in fair and open trials. It should be a model marking the end of impunity and the beginning of law enforcement in Cambodia, and serve as a deterrent to all who contemplate such inhuman behavior in Cambodia or in the world.
- Third, it should educate the people of Cambodia and raise awareness about this darkest chapter in the country's history, especially among the young generation. Ultimately, this would lead to the reconstruction of the society as a whole.
However, it is questionable whether these expectations will be met. The claim that the Khmer Rouge Tribunal will benefit Cambodians could turn out to be merely a myth – such a tribunal may not be the best option for national reconciliation.
For one thing, the scope of the tribunal is limited to senior regime leaders who planned its actions or gave orders, as well as those most responsible for committing serious crimes. The foreign countries that supported the Khmer Rouge, or acted as the main catalyst for the emergence of this cruel regime, will not be brought to court. The tribunal’s regulations indicate clearly that only individuals who committed crimes will be tried. This court is not mandated to sentence countries or organizations.
Therefore, only local leaders and a few high-level leaders that were directly involved in the genocide will be sentenced, while many others will go unpunished. It is doubtful if justice and the rule of law will prevail.
Those who support the tribunal may say it is better than nothing, that it is better to accept justice in a narrow sense than to have none at all. But real justice would only be achieved if all who are accused are treated fairly by the court. If the trial procedures do not reveal the root cause of the problem, it is unacceptable.
It is also unclear to what extent these trials can serve as a model for an independent court system in Cambodia, as corruption and nepotism are so widespread, even within this court. Moreover, it is unlikely that the whole truth about the Khmer Rouge regime will emerge through the proceedings of the tribunal. If this tribunal is to be the final page in the Khmer Rouge history, it will be unjust and misleading for future generations.
There are better alternatives to this court setup if justice and national reconciliation are the goals. The funds allocated for the court, which have already exceeded the original budget, should have been used for restorative justice – a healing process – rather than this imperfect retributive justice.
For Cambodian society, real reconciliation will be found only when trust returns between individuals; when they can smile at and trust each other again. Thus, a national dialogue or truth commission should be set up so that people, especially the victims, can fully participate to address their suffering and their needs.
--
(Chak Sopheap is a graduate student of peace studies at the International University of Japan. She runs a blog, www.sopheapfocus.com, in which she shares her impressions of both Japan and her homeland, Cambodia. She was previously advocacy officer of the Cambodian Center for Human Rights.)
21 comments:
I completely agree with the topic.
I do not and do not understand what they are trying to do. Anemy, justice, fair, all are system of Khmers killing Khmers.
Why don't UN searching for which country inflenced all these Khmer Rouges and trail that counrty. These 5 Khmers are scapgots of those foriegner countries.
Yes, I agree keep these 5 Khmer men for other uses, so that they can fight back to those foriegn countries who influenced Khmers to kill Khmers.
Politic Power always change from one Era to another Era. Why keep killing all Khmer Leaderships from era to era.
I fully agree with Sopheap's insightful comment.
1. Since the Khmer Rouge's account relates to the crime against humnity, people should understand its cause and the effect of the regime, and what we can do about it, so it can be sure that this kind of crime will not happen anywhere again in the future. As a survivor of the Khmer Rouge's brutal regime, I always feel sad that Cambodian history classes don't include this important event in our
Khmer (his)tory (It should be said "his story" because hist story is always created by HIM not HER). Every Cambodian, especially, has the rights to know all about what happened to them, their families and their country in the past and present. They must know the real story (people's story not (his)story or fake story).
2. I believe that the tribunal court is just a show for the international viewers. Maybe it fulfills only part of the UN responsibility and the Hun Sen administration. Some say it's better than nothing. True, but to Cambodians, what do we get from it unless all of those involved are brought to justice?
They had burned our House and tell us to thank their January 7(sic).
Everyone wash out their hands and point finger to 5 scapegoats.
They call :" Justice "
Do Khmer People have the real Justice ?
I am also totally agreed with you Sopheap. You are definitely one thoughtful person. The scope of the tribunal is limited and the current and future generations do not and will not understand the root cause of Khmer Rouge; how they rised to power and why they killed their own people... to punish a few KR leaders alone will not do justice for the long awaiting victims and lesson will be learned. However we do not ask it to be perfect. The Hun Sen government has the power to turn this around and be recorded in history. We are Cambodians; we must think long and hard of what we do today can affect how we live our lives in the future. May Lord bless Cambodia!!!
I pray for our government to do the right thing...
U cannot pray to change a puppet's Government like Hun Sen .
Sopheap is good but this issue should keep a side for the time been because it doesn't help to health all Cambodians anyways, nationally; let all of us help the GOV'T to face with THailand the midiat danger to Cambodian national. We need to solve what is a priority first, to me, for khmer benifit not about KR trail but the Thai enemy first.
I think the YOUNs is first and the worst because it already grabbed a big part of Khmer land with ease, just to mention what happened recently. Thai has been very bad in the past and the present, yet has not gained more land from Khmer recently because we have been protecting it from happening.
I believe that as long as our government has a real commitment to protect our land and our people,we are ok.
As in the case of the border issue with Vietnam, there was no protection and nobody knows anything because Hun Sen did everything in favor of his boss.
The Khmer Rouge tribunal case is similar to the border issue with Vietnam, but more open to the world. However, there is no real commitment from ther goverbnment either.
The issue with Thai is seen to be doable, but it can be better solved differently with the international community or UN.
Chap Sopheap were right KR trial was unfair. Remember, the bigger supporters of Khmer Rouge was China during it reigned. Actually, Cambodian government receive larger amount of aid money from Chinese government about $800 million dollars a year without scrutiny. There is nothing free, or money can growth on the trees.
Justice Made In China
I think that those gray hair law experts from UN and Cambodian Govt. should have ask your opinion before they set up this hybrid court.
You ask for Justice and Fair trail, Bravo!!..Everyone want that, even cyclo driver near my house want that...
But before you complain about the Justice and impunity in Cambodia, you should ask the same question to the so called "democracy world" first...
Your knowledge on that matter is higher by far than mine.. Now I ask you, Do you think the Nuremberg and Tokyo trails on the War Crime of World WarII were fair and Square?
Is this court set up by the democracy champion (US, UN, France...)? Let not talk about the Nuremberg Trail, let talk about Tokyo Trails, since you are studying there..Do you think that all the criminals were punished by the Tokyo Trail?..If you say YES, then you ignore the truth that The Emperor and Royal Family of Japan were not prosecuted, because they were promised by General McAthur that they will not be charge by the world court...
Now, all of us should focus on what is urgently needed by our People. Our economic has grown by double digits for the last decades, but still we have 30% of our people living under the poverty line. So it is real issue that everyone of us should think...We have Thai invaders camping in front of our heroic soldier..and so on and so forth...
And don't worry that our next generation would forget about the Khmer Rouge Genocide..they will not forget , why?..If you read news or articles from foreign press or You type keyword "Cambodia" into google, you will get long length results with word "GENOCIDE, KHMER ROUGE"...
Why? coz it is how those foreign suckers learn about our country...
More to my comments:
If Japanese Emperor and some members of royal family were considered as innocent, than POL POT can be called as the Angel from the heaven...
Everyone know that there is limit in this KR trial. Everyone know that most of the war crime trials were symbolic and they are just to make sure that the crime would not go unpunished..
I think you should be a politician help put Cambodia in the right course. Best wishes!!!
Dear compatriots we need to step forward, please think wisely not to turn back to much our neighbour and enemy alwaye look overhead of us, the more we're looking back the better they are. KR trail is not khmer priority, there are many other things the Cambodian GOV'T have to solve for national level; though, this trial is someone politiccal manouver to prevent our unification force national be united, if you're Khmer patriotism should support the government first. Sopheap you have a cleaver mind my dear, this what my children know about what are in the page but what behind the page you're still young; since those who talk the Justice don't want the others get one.
May god bless all Khmer!
Click on this link, you will find the truth of 'human right' in the US. If China growing as the Biggest suppoer power, it will one day impose its standard of human right on the US,
Human right is just a tactic exploited by those politicians to reach their agenda. Don't dream too much my girl.
http://www.nytimes.com/2009/04/17/us/politics/17detain.html?_r=1&hp
Sopheap Chak writes to fit these audiences, but she is clueless what's the principal challenge to Cambodia in the years ahead.
The fastest breeding group in Cambodia is Vietnamese group who made themselves Khmers before they entered Cambodia. For Khmers is the survival of this modern extinction by the Vietnamese who are now Khmers.
She does not even understand the rational behind the system of democracy or whay is economic power.
She writes from Japan and know who corrects her papers? Japanese who hate Chinese. WWII taught us a lesson how Japanese treated others.
Say what you must but China is coming; and without China, Cambodia may have been dead since Vietnamese defeated French.
There are not many jobs for the unskilled people like her, unless she hugs the CPP.
Sopheap Chak writes to fit these audiences, but she is clueless what's the principal challenge to Cambodia in the years ahead.
The fastest breeding group in Cambodia is Vietnamese group who made themselves Khmers before they entered Cambodia. For Khmers is the survival of this modern extinction by the Vietnamese who are now Khmers.
She does not even understand the rational behind the system of democracy or what is economic power.
She writes from Japan and know who corrects her papers? Japanese who hate Chinese. WWII taught us a lesson how Japanese treated others.
Say what you must but China is coming; and without China, Cambodia may have been dead since Vietnamese defeated French.
There are not many jobs for the unskilled people like her, unless she hugs the CPP.
What do you meant unskilled people?
Her degree is a useless degree but she has a skill to broadcast herself.
Every time I read this blog I see paranoid Cambodians everywhere. Paranoid about Youn, about Siam encroaching on our territory.
Pol Pot was a paranoid of sort himself about Youn, but end up killing more Khmer than Youn. Funny how these patriotic Khmer doing the worst possible damage to its own people. Perhaps it is best to be on the look out for Khmer and not Youn or Siam. We are our own worst enemy. I'm sure these two neighbors make jokes about how stupid we are all the time. And they are probably right.
It seems that Khmers are incompetent when it comes to governing itself. Perhaps it is not a bad thing to turn over the country to Thailand or Vietnam to govern. After all they don't have a history of killing their own people, and right their citizen is better off than Khmer. I know I'm being cynical but I'm hoping Khmer would wake up from being so naively patriotic, get your emotion all worked up.
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