No more than ten former members of the Khmer Rouge will be prosecuted before the Extraordinary Chambers in the Courts of Cambodia

Source: International Justice Tribune, September 2009

No more than ten former members of the Khmer Rouge will be prosecuted before the Extraordinary Chambers in the Courts of Cambodia (ECCC). On September 7th, the interim international co-prosecutor William Smith submitted to the office of the co-investigating judges what he said were his final requests for investigation. They relate to five individuals, charged in two separate submissions, thus adding to the five people already prosecuted in 2007.

By Thierry Cruvellier, Phnom Penh

The identities of the accused have not been released, but it is widely expected that former high-ranking military leaders Sou Met and Meas Mut make up one of the new cases, while it’s thought the other case involves three Khmer Rouge cadres who acted at the district level.

The Cambodian government has publicly and unequivocally opposed all prosecutions other than the five that have been under way for the last two years. 

The Cambodian co-prosecutor Chea Leang appeared to support her government, when she opposed the additional investigations requested by her international colleague. But after nine months of deliberation, in an August 18th decision made public September 2nd, the five judges of the pre-trial chamber indicated that they had not been able to resolve the disagreement between the co-prosecutors—the three Cambodian judges opposed the new submissions, while their two international colleagues gave their approval. In the absence of a super majority of four votes, the international prosecutor is thus free to act.

“The final results are zero”

The current division, means the fate of these additional investigations is uncertain and could be stalled in the early stages. 

The government, meanwhile, is keeping up the pressure on the court. In a speech on September 7th, Prime Minister Hun Sen once again raised the spectre of a civil war that could cause up to “200,000 to 300,000 deaths” if new proceedings are launched.

While no one takes the threat of instability seriously, Hun Sen warned two days later that the court would not obtain a new indictment. “Please go ahead with the procedures. I will not have a say, but the thing is that you need to find a supporting force...you need four votes,” he stated, suggesting that the Cambodian judges should also do their part to block the process. “Thus, the final results are zero”.

At least one former Khmer Rouge leader seems to find support in Hun Sen’s words. In an interview with Voice of America on September 10th, 65 year-old Im Chaem, who several sources identify as one of the proposed new suspects, said: “I absolutely will not go, because the charge is unacceptable, and even if I’m called to court, I will not go.”

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