The initial hearings in Cambodia’s Case 002 have closed. The lines of defence to be employed by the four accused of involvement in genocide are becoming clear.
July 01, 2011
By Luke Hunt
The Diplomat
The historic Khmer Rouge tribunal wrapped-up its initial hearings in Case 002 this week, winning widespread praise for its conduct, as a legal strategy emerged for defending Pol Pot’s surviving lieutenants against charges relating to the deaths of up to 2.2 million Cambodians.
Absent were the sometimes shrill cries over investigations surrounding potential future trials and allegations of political interference that had dogged recent weeks at the Extraordinary Chambers for the Courts in Cambodia (ECCC).
Instead, a steady and methodical (at times tedious) legal process emerged as a full bench of International and Cambodian judges, the defence, prosecution and civil parties set about trying senior Khmer Rouge leaders for genocide and crimes against humanity allegedly committed between April 1975 and January 1979.
‘The court officials were all very professional throughout the proceedings from what we’ve seen,’ says Leakhena Nou, Executive Director of the Applied Social Research Institute of Cambodia (ASRIC).
ASRIC represents US-based survivors of the Khmer Rouge regime and has had 41 civil parties admitted to Case 002, who Leakhena Nou said were akin to ambassadors in representing at least 150,000 Cambodian-Americans, and many more of Khmer heritage living around the world.
‘Justice doesn’t fall into your lap. You have to fight for justice,’ she says.
Her sentiments were echoed by prosecutors and legal counsel for former Foreign Minister Ieng Sary, his wife Ieng Thirith, and the former head of state Khieu Samphan. The three surprised observers and a consistently packed public gallery by cooperating with the court.
However, counsel for Noun Chea told a post-hearing media briefing that they and their client weren’t happy with the tribunal, and that a lack of transparency in the initial hearing was a matter of grave concern and might seriously endanger the purpose of the trial.
Brother No 2’s defence is headed by Dutchman Michiel Pestman, who complained that his preliminary objections had been ignored by the court. He included a list of 300 witnesses the defence wants to testify in public about the alleged war crimes.
‘It’s like reading one page of a history book and tearing the rest out,’ he said on the lawns of the ECCC.
He added that former US Secretary of State Henry Kissinger – who played a pivotal role during the Indochinese wars that preceded the Khmer Rouge’s rise to power – was on the list of 300 that Nuon Chea wanted to call and have testify in public at the ECCC.
But Kissinger’s name wasn’t on a shortlist of 15 people presented to the court, whose names must remain confidential, and that will form the basis of their defence.
While Nuon Chea’s team is focused on the wider ramifications of Cold War power plays in Cambodia as its defence, Ieng Sary’s team honed in on a pardon granted by King Norodom Sihanouk in 1996 as part of peace deal that eventually ended the civil war. They claim double jeopardy means their client shouldn’t be charged.
Khieu Samphan said his position within the Khmer Rouge as head of state was mainly ceremonial, and that he was never in a position to fully understand what was happening in the countryside. Ieng Thirith also argued she wielded no real power within the regime. Her Cambodian lawyer, Phat Pouv Seang, also attempted to patch up any perceived differences between her and Nuon Chea’s camp. During an outburst at a previous hearing, for example, Ieng Thirith had claimed Nuon Chea and S-21 commandant Kaing Guek Eav, alias Duch, were responsible for atrocities committed under Pol Pot.
‘In principle they are getting along, they haven’t had any significant feuds – maybe mini-arguments – the two of them can be seen sitting next to each other and there are no problems,’ Phat Pouv Seang told the briefing through an interpreter in response to a question from The Diplomat.
The importance of the ECCC was underscored by the US ambassador at large for war crime issues, Stephen Rapp, who called the tribunal ‘the most important trial in the world,’ while legal experts say the war crimes trial is the most complex since Nuremberg in the aftermath of World War II.
The sheer number of crimes, victims and witnesses is immense. More than 3,800 civil parties, or victims seeking reparations, have been admitted to the court. There are more than 450,000 pages of evidence that will attempt to connect crimes with government policy.
Those crimes, however, happened more than 30 years ago, and crime sites are an issue because there are so many, scattered across the remote countryside and tainted by human intervention and decades of weathering. No pleas have been entered yet, but the defendants have signalled they will plead not guilty.
Still, the ECCC struck its first victory last year in Case 001 with the conviction of Duch for crimes against humanity committed at the S-21 torture and extermination camp. An estimated 24,000 people passed through its gates and were usually forced to dig their own graves before being bludgeoned to death with an ox cart axle, their throats often slit to make sure the job was complete. More than 190 such camps were constructed across the country.
‘We saw them come into the tribunal and we thought they have a right to due process, not guilty until proven guilty,’ says Leakhena Nou. ‘Revenge isn’t the answer…the truth will catch up with them.’
The ECCC has also been struck by recent allegations from non-governmental organizations of political interference in regards to investigations into lower ranking officials in cases 003 and 004.
Widespread reports say Case 003 involves Sou Met, a former commander of the Khmer Rouge Air Force, and Meas Mut, commander of the navy; Prime Minister Hun Sen has indicated he doesn’t want to see the tribunal expanded.
But for now, Cambodians and a large contingent of international players and observers are focused on Case 002, which most expect will run for another two years.
6 comments:
let the court proceed; let the court do its job! god bless cambodia.
While acknowledging the mass atrocities committed by the Khmer Rouge regime, we should never forget the level of atrocities committed during the US secretive bombing of Cambodia from 1968-1973. A declassified telephone discussion between Henry Kissinger and General Alexander Haig, Nixon's deputy assistant for national security affairs, recorded that Nixon had ordered a “massive bombing campaign in Cambodia [to use] anything that flys [sic] on anything that moves”.
The map of US bombing targets released by Yale University’s Cambodian Genocide Program shows that more than half of the country was affected by the indiscriminate bombings. Professor Ben Kierman, director of the program, puts the casualties figure from the bombing at 150,000 deaths, while Edward Herman, a professor of Wharton School, and Noam Chomsky put the toll at 600,000 using figures provided by a Finnish Commission of Inquiry.
Based on this, we can never naively claim that US bombing led to the mass executions by the Khmer Rouge or refuted the regime's mass atrocities. But, to certain extent, the blanket bombing, which directly led to the destruction of livestock and agricultural land, could have definitely played a role in the mass starvation.
From new data released during the Clinton administration, Taylor Owen, a doctoral student at Oxford University, and Professor Kierman noted that 2,756,941 tons of bombs were dropped on Cambodia.
To put the figure into perspective, just over 2 million tons of bombs were dropped by the allies during all of World War II. The bombs dropped in Cambodia represented about 184 Hiroshima atomic bombs combined, making Cambodia the most bombed nation in the world. Based on the new data, Professor Kierman also stressed that the casualties might be much higher than his earlier predicted 150,000.
Based on this, the bombing contributed to the rise of the Khmer Rouge. The number of Khmer Rouge cadres rose from a group that had an insignificant prospect ousting the US-backed Lon Nol’s regime, roughly from 1,000 in 1969 to 220,000 in 1973.
Dear 8:02 PM , I agree with you about we should never forget the level of atrocities committed during the US secretive bombing of Cambodia from 1968-1973:
1. In 1973 alone US B 52 bomded 200 days and nights to kill Viet Congs deep inside Cambodia but it turned out million of innocient Khmer people were killed instead.
2. About 1 million Khmer were killed in 1973 by US B 52 bomded 200 days and nights.
3. Because US B 52 bomed 200 days and nights farmers in those years could not do farming to support their families caused severe starvation .
4. Atrocity caused by B 52 boming committed by Henry Kissinger ,General Alexander Haig from 1968-1973 was very big atrocities.
Actually since Sihanouk regime down in 1970s-2011 Khmer were killed and continued to be killed so far about 4 millions at least.
Every Khmer life is equal both value and justice.
Any foreigners , youn Hanoi and US looking down on Khmer lives must be comdemmed and put on trial.
I really value 8:02 PM ' s commnet that remind me of million of Khmer were killed by US Boming from 1968-1973 and not many people mention about ( Every single Khmer who was killed any years need equal justice).
Ta Mok said before he passed away in his video interview with foreign reporter ( this video is available in Australia, US , France ) in Khmer videos shops.
Ta Mok said as follow :
Angkar between 1975-1979 are :
1. Pol Pot. ( number 1 ).
2. Nuon Chea ( number 2 ).
3. Ieng Sary ( number 3 ).
4. So Phin ( number 4 ) So Phin was a Khmer Viet Minh as Chan Si , Pen but So Phin was a high senior Khmer Viet Minh.
5. Son Sen ( number 5 ).
6. Ta Mok.
So Khieu Samphan, Sihanouk , Hu Nim and Hou Youn are nominal leaders of Democratic Kampuchea.
Why Khieu Samphan , Hu Nim and Hou Youn willing to be norminal leaders of Khmer Rouge ?
My anwers is after the 3 escaped from Sihanouk arrest one after another in 1967 to the countryside they saw Viet Congs everywhere deep inside Cambodia.
Pol Pot wanted to get rid of these Viet Minh and Viet Cong so to get Khmer support from both city and countryside to join Pol Pot or better known as Communist Party of Kampuchea to expell these Viet Minh and Viet Congs out of Cambodia.
Note: After 1970s Viet Congs controled 2 of 3 parts of Cambodia.
The real reason that I bring this up I just want to remind the real danger of Viet Min , Viet Congs known as Indochina Federation.
So I leave my last question to share answers with all Khmer who want to do so.
What was the real reason in 1970s youn Viet Cong were forced to withdraw out of Cambodia 2 of 3 part of the whole conutry?
Ta Mok said before he passed away in his video interview with foreign reporter ( this video is available in Australia, US , France ) in Khmer videos shops.
Ta Mok said as follow :
Angkar between 1975-1979 are :
1. Pol Pot. ( number 1 ).
2. Nuon Chea ( number 2 ).
3. Ieng Sary ( number 3 ).
4. So Phin ( number 4 ) So Phin was a Khmer Viet Minh as Chan Si , Pen but So Phin was a high senior Khmer Viet Minh.
5. Son Sen ( number 5 ).
6. Ta Mok.( number 6 ).
So Khieu Samphan, Sihanouk , Hu Nim and Hou Youn are nominal leaders of Democratic Kampuchea.
Why Khieu Samphan , Hu Nim and Hou Youn willing to be norminal leaders of Khmer Rouge ?
My anwers is after the 3 escaped from Sihanouk arrest one after another in 1967 to the countryside they saw Viet Congs everywhere deep inside Cambodia as other Khmer people who lived along Khmer-yuon border saw these Viet Minh and Viet Congs as well.
Pol Pot wanted to get rid of these Viet Minh and Viet Cong so to get Khmer support from both city and countryside to join Pol Pot or better known as Communist Party of Kampuchea to expell these Viet Minh and Viet Congs out of Cambodia.
Note: After 1970s Viet Congs controled 2 of 3 parts of Cambodia.
The real reason that I bring this up I just want to remind the real danger of Viet Min , Viet Congs known as Indochina Federation.
So I leave my last question to share answers with all Khmer who want to do so.
What was the real reasons in 1970s that caused youn Viet Cong to forced to withdraw out of Cambodia 2 of 3 part of the whole conutry?
My apology for double posting from 2:56 PM
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