Cambodia's Khmer Rouge Tribunal Shifts Into High Gear

30 Jun 2011
By Luke Hunt
World Politics Review

PHNOM PENH, Cambodia -- A U.N.-backed court in Cambodia has begun its initial hearings into war crimes allegations with mixed success and predictions of a long and bumpy road ahead for a tribunal described by legal experts as more complex than the Nuremberg trials held immediately after World War II.

Its importance was underscored by the United States ambassador at large for war crime issues, Stephen Rapp, who called the Khmer Rouge tribunal "the most important trial in the world."

Rapp, in Phnom Penh for the start of the proceedings, drew parallels between the Khmer Rouge tribunal and the trials of former Serbian leader Slobodan Milosevic and former Liberian President Charles Taylor, as well as the arrest warrants issued this week for Libyan leader Muammar Gadhafi and his family.

"It's still a process that is not yet complete," Rapp said. "When Milosevic was indicted in May 1999, no one ever thought he would face justice, but that day arrived. When Charles Taylor was indicted in March 2003, no one thought the day would arrive when he would face justice. And I think the same is true here." In Cambodia, he added, "It's not a question of if, it's a question of when."

For survivors in Cambodia, the trial has been a long time coming.

At the Extraordinary Chambers for the Courts in Cambodia (ECCC), located on the outskirts of the capital, Khmer Rouge leader Pol Pot's ever-loyal No. 2, Nuon Chea, stole the early limelight. Nuon Chea persistently interrupted the court, declaring he "was not happy with the tribunal," before ultimately staging a dramatic walkout.

Former head of state Khieu Samphan also intended to walk out but apparently had a change of heart. His lawyer surprised the packed gallery, saying his client had decided to cooperate with the court and would remain in the chambers if his health permitted.

Former Foreign Minister Ieng Sary and his wife, ex-Social Affairs Minister Ieng Thirith, sat impassively in the dock as the defense and prosecution began their opening arguments.

The four defendants are the final links in a chain of command that formulated and deployed government policy based on ultra-Maoist political leanings. Under their rule, Khmer culture was obliterated and Cambodia's cities emptied, as millions were forced-marched into the countryside to work as slave labor.

The four are charged with crimes against humanity, genocide against ethnic Vietnamese and Muslim Chams, and a string of other charges -- including murder, torture and religious persecution -- in relation to the deaths of up to 2.2 million people between April 1975 and January 1979.

Security outside the ECCC this week was tight, with long lines forming shortly after dawn. Inside the court, Buddhist monks in orange saffron robes sat side-by-side with Muslim Chams and schoolchildren, cramming the public gallery.

"I think it's gotten off to a relatively straightforward start," said Clair Duffy of the George Soros-funded Open Society Justice Initiative (OSJI). "What happened with Nuon Chea is relatively normal, and it was dealt with appropriately. Defendants can choose to what extent they participate."

She said the rights of the defendants had been respected, although this had upset the victims. "There's a need to get the message out that this is going to be a long process and that international standards have to be applied. The victims have to understand this."

The proceedings, known as Case 002, follow the conviction of Kaing Guek Eav, alias Duch, in Case 001 last year. Duch ran the infamous death camp S-21, where mutilation, electric shocks and water torture were common. Significantly, Duch was the first successful prosecution for the ECCC, but the early stages of that trial were marred by allegations of corruption among Khmer staffers and kickbacks for jobs.

More recently the ECCC has also been hit with allegations from nongovernmental organizations of political interference in regard to investigations into lower-ranking officials and whether or not they should also face charges. Reports say the court's Case 003 involves Sou Met, a former commander of the Khmer Rouge air force, and Meas Mut, commander of the navy. The government of Prime Minister Hun Sen has made it clear it does not want to see trials at the ECCC expanded.

"People would like the tribunal finished at the end of Case 002, but that is not a political decision," Rapp said. "The decision is to be made by this court according to the statute, according to the law, according to the facts that are developed."

In reality, it's not quite that simple. A report prepared by the OSJI -- following claims the investigative process into Cases 003 and 004 had not been full and comprehensive -- found that the court's actions suggest the cases' outcomes have been predetermined. It also said that judges have refused to gather evidence or investigate facts, possibly in response to repeated and publicly expressed demands by senior political leaders. Such egregious misconduct would violate the core principle of judicial independence.

Duffy maintained that, "Cases 001 and 002 will be measured in their own right." Nevertheless, she acknowledged that if future cases do not proceed because of political reasons, it would "cast a shadow over the court."

However, while legal experts and human rights activists are taking into account the broader ramifications of the trial process, most Cambodians are still firmly focused on Case 002 and what Pol Pot's surviving lieutenants did to 2 million Khmers.

Luke Hunt is a Hong Kong-based correspondent and a World Politics Review contributing editor.