Phnom Penh, 23 January 2012
Time is Prime for UN
to Withdraw from KRT
to Withdraw from KRT
Theary C. Seng
_____________________
COMMENTARY
________________
________________
In March 2007, I had written a column stating that the United Nations has no “tipping point” for withdrawal from the Khmer Rouge tribunal or that “it has such an extremely high threshold that it is practically nonexistent” (“No Tipping Point: Provision for UN Withdrawal only Theoretical”, The Phnom Penh Post, Issue 16/05*), mainly because “the UN will never be afforded that ‘magic moment’ of having all the varying interests of the ‘United Nations’ reach a critical mass, when all the ideas and sentiments of the varying and disparate actors fused to cross the threshold at the same time, tip and lead to UN withdrawal.”
I had argued that the UN will not invoke its right to withdraw enshrined in Article 28 (see below**) for these reasons: (i) the Cambodian government has a monolithic, consolidated voice, whereas the “United Nations” comprises a myriad of voices, actors and interests, contradicting and multi-dimensional; (ii) UN judges, prosecutors, officials are not political strategists; (iii) the government has become more confident and sophisticated; and (iv) the KRT is foremost a court of public opinion and the UN has lost time and again the public relations game vis-à-vis the government, and especially after having invested so much time, energy and money into this KRT process.
I continue to hold the above to be true but the force of these arguments have been greatly weakened by the passage of six years of KRT operation, by the accumulation of searing experiences of this government blatantly, consistently “not conform[ing] with the terms of the present Agreement”, by the growing shared discontent of public voices drawing global attention, by Cambodia’s political interests of 2012, by the poignant illustration of Cases 003/004, and by the personalities of Judge Laurent Kasper-Ansermet and UN envoy David Scheffer.
The time is ripe for the UN to invoke Article 28 and withdraw for the following reasons:
First, it is the right thing to do, backed by six years of hard evidence of “political interference” and “breach” of Agreement, and everyone knows it. That is to say, the UN has political, legal and public cover.
Second, the political climate works in favor of UN withdrawal. The Cambodian government is extra-sensitive about its international image, especially this 2012. One, Cambodia is the chair of ASEAN. With Burma reforming, Cambodia can no longer hide behind its neighbor as the region’s whipping boy for human rights abuses and violator of international norms, even as it domestically continues to use the Khmer Rouge era as its measuring stick 35 years later. Two, Cambodia is seeking the non-permanent seat of the UN Security Council. Three, it’s election year and the government is already under fire for having no opposition figure.
Third, there’s a unified, indignant, strong public stance against the government regarding Cases 003 and 004.
Fourth and related, the UN has a few very strong, influential personalities in key positions to act as the catalyst for honorable withdrawal. Judge Kasper-Ansermet is strong and has shown his courage to pursue doggedly these cases under difficult circumstances. The new UN envoy David Scheffer is a principled veteran negotiator who knows this government and key officials assigned to the KRT, meaning that he will be less susceptible to fall for the political ruse of this government which is crafty in pushing its limits and conceding just enough to appease the international community before it pushes its limits again. With these two individuals leading the pack, I believe the likes of Judge Silvia Cartwright, Judge Rowan Downing, Judge Jean-Marc Lavergne, Co-Prosecutor Andrew Cayley can be persuaded to a convergence on withdrawal as a strategy. I believe their convergence will force the hands of UN headquarters to the tipping point of withdrawal.
Practically, the withdrawal strategy would look something like this: The UN sets 3 basic conditions which are easily verifiable and communicates them publicly. Let say, one of the conditions is the immediate appointment of Judge Kasper-Ansermet and the legitimate investigations into Cases 003 and 004 starting immediately upon the judge’s appointment. (The other two conditions could be related to political interference and the integrity of Case 002.) Upon the breach of any one of the 3 conditions (which is highly likely to happen), the UN unequivocally withdraws from the KRT in a very public manner with no “ands”, “ifs”, or “buts”.
In doing so, the UN would set an honorable precedent and in the process reform its global image as an institution with a backbone of courage, principles and integrity. Closer to home, UN withdrawal would salvage the loss of confidence and trust among Cambodians, a priceless commodity among a people who have lost so much faith in anyone and anything for so long.
All to say, the UN has a unique window of opportunity right now to render a measure of justice to the victims and to salvage its integrity—by withdrawing! To stay and prolong the political farce is to embed all the dark mentalities (of impunity, of cynicism, of low expectations, of fear, of inferiority) we want to change in this society; to withdraw is to be unprecedented in showing its leadership for victims and the world and to salvage any measure of justice that yet can be had from this political theatre.
In March 2007, I prayed to be wrong regarding UN withdrawal. Now, I have a greater chance—and only chance—of being wrong. More than ever, let me be wrong.
or
** Article 28, ECCC Agreement between UN and Cambodia (June 2003): “Should the Royal Government of Cambodia change the structure or organization of the Extraordinary Chambers or otherwise cause them to function in a manner that does not conform with the terms of the present Agreement, the United Nations reserves the right to cease to provide assistance, financial or otherwise, pursuant to the present Agreement.”
____________________
Theary C. Seng
Founding President
Association of Khmer Rouge Victims in Cambodia
44 comments:
For UN to withdraw or not it is not up to UN to decide because US who has been behind the UN in this ECCC in Cambodia has very strong influence behind UN as well Hanoi has very strong influence behin Hun Sen goveerment.
As my previous comment as follow:
I really feel sorry for UN who has been in the middle Hanoi and US regarding to this ECCC in Cambodia.
Let Nuon Chea, Khiue Samphan.....go back their home to rebuild and defend the country. Put Theary Seng to people court, then jail her for ging hand to Viet.
8:45 pm correction. then jail her for giving hand to viet.....
5:43 PM
I fully agree with you. No doubt about it that this KRT is a cold war between Vietnam and US. They made us look like idiots after multi millions of dollars threw to this useless Trial.
I agreed with Theary Seng, it is a waste of money, time, and energy to work with this foolish goverment that is under VN influence. UN is more stupid than Hun Sen. Why UN waited for so long and spent so much money to trial these criminals or they wait until they died and then clean their hands from world history.As I said earlier UN is useless, weak, and wastful organization.Take these criminals to International cour immediately before too late that is the best option at this time.
The UN,
The UN must stand firmly on what is right.
Stop melting in front of the puppet Hun Sen's Government and its master Vietnam.
The UN has failed to enforce the most important peace agreement in Cambodia, the 1991 Paris peace agreement.
The UN has failed miserably in 2003 when it withdrew prematurely under pressure. At that time, the UN was largely listened to a mentally retarded King Sihanouk and got out of Cambodia without completely fulfilling its mission.
Now, the UN must stop making the same mistake by getting out of Cambodia without achieving its goal. Stand up to Hun Sen's government and Vietnam or move this KRT out of Cambodia.
If the Hun Sen’s government and Vietnam's hands are clean during the Khmer Rouge regime, why they are so worried about this KRT, especially concerning cases 3 and 4, etc...
The UN must be strong and be assertive facing this monster Vietnam.
I hate Hun Sen.
Theary Seng
Theary,
Stop writing this long nonsense story. You wasted so much energy staying in Cambodia. Get a life lady.I saw you at Bokator tournament in CTN. What a waste of time.
@1:00AM,
At least she makes her present known thru choice and action. One must not utter poison with pretext just to feed his jealousy pot. It's just-LOW- to critical of her being at the sport event, does she not entitle to any hobby? Debate on the issue put forth and let go of people's amusement else where.
Peace
This trial is financially wasteful and only a handful of scape goats are charged. Many culprits are still roaming and running the country freely without any conviction. This a realpolitik that involve many country that in denial of incited the KR genocide. Just wait and see how it plays out!!!
The United Nations must enforce order in the world, and not let itself be fooled and be abused to whitewash serious crimes against the Khmer people.
The UN is a Satanic Organization. It has nothing to do with peace.
How do I know? By the Law (Torah) of my God.
"The law of the LORD is perfect, converting the soul, the testimony of the LORD is sure, making wise the simple."
Khmer Israel
10:02 PM
What? You agree with TS, but you don't agree that the UN is US's puppet? The US is the UN's Boss, and when are you going to know the truth?
The US spent millions of US dollars pais this KRT and paid YUON its former enemy YUON setup this KRT to embarrass China for supporting Pol Pot which led to million people died. In facts, YUON were the one who brought Pol Pot to power, and the truth is Yuon killed Pol Pot and put another Khmer Rouge: Hun Sen, the peasant to power.
What kind of business the US playing with the YUON?
TS is being coached by somebody(?) to go after the UN who has not received a green-light from the Boss to withdraw and how could it be?
TS is naive and inexperienced for the most parts: first she may not understand the cold war between China and US and each using YUON; second she does not know how to write to fit or to serve her audiences. She likes to use big and fancy words instead of simple words, but still the public see her as a beginner.
Yes a few may know what is "time is prime" means, but the majority ESL, heck NO.
Why didn't she spit it out like "time is the choicest or is significance, etc.,?
It is all about "writing the history" in their point of view, and the U.S. point of view is NOT Vietnams point of view.
Both sides are hiding the truth as well as they can do.
If Theary Seng would like to change Cambodia, she should join the SRP and Mu Sochua. Defeat Hun Sen is the goal, defeat the CPP at the next elections is the way to reach this goal.
Stupip long written papers and declarations won´t change Cambodia.
KI-Media now belongs to Seng Theary.
10:26 AM
We agree and hope TS listens to your advice.
And we also hope TS drops all her past craziness to be a Lady with class not just a woman who goes after power-men. She can become a powerful woman on her own right instead of relying on any man.
Theary should run for MP Seat for SRP.
I heard that in Chicago, a woman with a pseudonym: Tip Sodachan now runs for MP Seat for Kem Sokha.
Theary! don't wait, you should run for MP Seat for SRP. You will receive many supports and respect.
THEARY C. SENG FOR SENATOR OF SRP.
GO THEARY, GO.
DON'T WORRY ANYONE SAYS ABOUT YOU. I WILL VOTE FOR YOU TO BE THE SENATOR.
VOTE for Theary C. Seng 2012.
GOD IS WITH YOU, THEARY. RUN FOR SRP'S SENATOR.
100% I SUPPORT YOU. GO THEARY GO!!!
the CPP,party Policies.directed by Hun sen is never works under democracy signed October 23th.1991 Paris agreements.
his Corrupts government family tree only can benefits who those top minister monies powers.
many poorest and suffering still impacted by those Illegals abused.
Khmer must understand that KI-media, Heng Soy, Seng Theary are Simply YOUN PRERIOD.
ohppp what is going on here
http://www.reuters.com/article/2012/01/25/us-cambodia-rouge-idUSTRE80O12K20120125
Theary Seng,
It appeared you give up o your committed task so easy. Defeatism is no solution to this dilemma so called UN-DK's KR Tribunal vs.PRK's KR obstructionism.You dispirited when the going get tough.
Bear in mnd that UN is not totaly independent in action,although,it apperas tough in talks.US commands UN action with the concerted abetments from France,UK,Rusk but compromised by Red Dragon Sino.
So UN Secretary must receive consensus approval from the 5 Permanent Secutrity Council members.It can react to any challenge independently.
It's no different to your position under your funding guidelines. You will dance when you are told to,no but or excuse. As a self annointed President of the DK victims, YOU need to fight on, not to retreat from, both fronts:UN and Government of Cambodia for the sake of victims justice.
Prove the critics wrng atoccording your invented wishy washy principles on justice.
Remember, even under the pathetic Cambodia Constitution laws, the accused or criminal, in that matter, still has the rights to due process and remain innocent until proving guilty before the court of laws.
Your elist rants and raves only draw attention to your flamboyant exhibitionistic conducts.
Whether people is to put up or shut up is nothing to do with your pretentious nature.I said it before, lawyer is a scum and douche bag when comes to truth and morality.
Gung hei fat choy aa moui Theary
Tua Xia
i think it is wrong move to ask UN withdraw from the court.
By virtue,the UN has the obligation to correct and reinforce its position in bringing justice to you,the victims of crimes against humanity.
Not to withdraw nor to give in to the ruling government of Cambodia,UN needs to see that the genocide is deserved no tolerance and regardless of whom or who is/are the accused. Put all the suspects,accused and witnesses on stand to account humanity dignity and deliver justice to the victims.
Case 03,04,05,06 and Yuon,China,US,ASEAN et all must be brought to light and judge them once for all in the name of humanity and victim equal rights before the laws.
Theary is in mood swing for the time of the month. You know what! She is categorically immature and wrong in her opinion.
If the UN left the Tribunal to Hun Sen under Yuon commands,it is the irreversible shame.
UN can change and turn the table on Hun Sen belligerences.
Theary stays put and let us know if you needed help to recover from shame in self-perpetuated plot and exploitation of DK victims.
10:24 PM
It is not right or wrong to ask the UN to withdraw, but Theary has nothing to gain or lose, she just wants her name known throughout the world. While she has no position, no fame, she is trying to build up her name to be heard which is nothing wrong.
Theary Seng from many observers said she is a very unpredictable woman, most of her works are very obscure. She sometime is a show girl (like to be on a spotlight to get attentions), sometime a power hunger, sometime with Hollywood mob, ..many..and could be she tied to the members of the CPP as well. Theary Seng is more like a Mob hidden Lady (mob/cpp or mafia).
Her works as I described above mostly benefit the Vietnamese intruders/invaders. Many observers said "Theary Seng, Kem Sokha...are small tools, the Vietnamese/CPP use them to stir up the environment from focusing on the real terrorist (Viets). This KRT won't go to rest as long as Theary Seng get paid, and Kem Sokha is paid to take votes from the opposition.
Even if Theary becomes a Senator of the opposition party, she will be one of the Viets/CPP's tool.
My prediction: If Sam Rainsy dies (God forbidden), his wife or his two daughters will replace him. They are the champion for the opposition against the barbarian Viet invaders and their slaves. I trust no body else but Rainsy and his wife and daughters only.
From a former 4 yrs old boy, the victim of YUON EXPANSIONISM.
Furthermore, may observers said: "Since Theary Seng controls KI Media, this Blog now also serves the Viet invaders, not so openly but slowly coming.
Recently KI Media posted the photo of Viet Congs killed by Lon Nol regime on the top of the title "The Politics of ‘Race’".
Ki Media wants to prove that Khmers are the real trouble makers/killers not Vietanmese invaders.
Theary Seng posted this photo in KI Media to attack by sabotage against the Khmer victims of Yuon Expansionism as we're the bad people NOT YUON.
Yuon killed million of Khmers but Khmers cannot defend themselves in their very own homes?
Is Theary Seng/Ki Media, a hidden mob (Yuon/CPP), judge by yourself.
It is the same tactic that Yuon's slave did to the UN in 2003.
Even the puppet government lost the election at the time, Vietnam generated trouble by using Sdach Lob Sihanouk and his son ChakrorPorng trying to break Cambodia apart. Then the UN was given in to the pressure.
Right now the same thing happens. The real Khmer killers knew that the UN will find out who they were.
So, Vietnam and Hun Sen's government need to do something to stop the KRT from going forward.
When some people such as this dumb ass Theary Seng supports and echoes the idea of abandoning the KRT, they have inadvertently supported the real Khmer killer.
Even with cases 001 and 002, Khmer people have learned a lot already about the cause of the killing fields. They have shaded some light on who killed Khmer people.
The solution:
The UN must keep going and break any obstacle that would impede its mission.
If the KRT is impossible in Cambodia, move it outside of Cambodia.
Yuon's slave people should stop helping Vietnam to destroy this KRT.
UN should not withdraw from the KRT. It should continue it support and find justice for cambodia. The UN should be more involve and firm about the trial. Don't allow hun sen and hanoi interfere with the trial.
If the UN withdraw then hun sen and hanoi won; justice will never be found for the victims (cambodian people).
11:51 PM
Discuss above the current situation (RIGHT NOW). Don't drag the present problem to the past, and forget the uneducated dumb gangster Chakrapong. He is nothing but a low class fool, an opportunist.
Talking about why Theary Seng is being used to go after UN? Why is she repeating the same shit story Victim of KR not a victim of Yuon expansionism?
Talking about why this woman is allowed to hijack KI Media and exposed about Lon Nol killed Yuon Rouge in Cambodia, while Yuon were the hidden force of Yuon expansionism?
One day this woman posted about PSALMS, another day she posted attacking Khmers for Yuon expansionism?
Why not talk about the recent problems this woman and Kem Sokha are being used to destroy Khmers for Yuon expansionism?
Oh where is Lok Om Pritheacha Bun Heang? He knew it but why is he silent of this sabotage by KI Media controlled by Theary Seng. Why is he scared of saying anything?
Another victim of Yuon expansionism
she knew clearly that asking the UN to withdraw is a wrong move, but she keep doing. We cannot use anger to deal with this precarious time, the tribunal can collapse anytime. and with the disagreement between UN and the government now, the situation is getting worst. The best way for now I think, we have to create the awareness amount Cambodia people. So far PM Hun Sen can whatever he want. He doesn't of public opinion but the rise of internet in Cambodia, I think it is the best chance to generate stronger public opinion. Ki-Media is a perfect forum, but it should moderate itself to be more mature to attract young generation to participate and avoid spreading wrong message or misunderstanding like it did with former King.
1:36 AM
I, 11:51PM, brought up the past event only to strenghthen my point of view about the tactic that Vietnam has used to make the UN lost its patience and quit.
The UN must overcome any obstacle that generated by Vietnam and Hun Shit's government.
Concerning Kem Sokha, in my opinion, he is just a piece of shit who was born only to divide Khmer people.
Kem Sokha cannot even lead his own penis. He cannot control his Kdor. He is a cheap, hypocrite bastard. Who will allow him to lead?
Kem Sokha did not respect his wife, his children. He is a man with an extremely low self esteem.
When Nuon Chea said it was Vietnam who killed Khmer people,you want UN to withdraw from KRT.
Theary you are a snake in the grass.
10:47am
Oh she (TS) knows so well that's why she attacks Lon Nol by sabotage like posting a photo of Youn killed by Lon Nol? Is she working for Youn or for Khmers? All Khmers are the victims of Youn's expansionism only. Where are photos of million Khmers killed by Youn?
KI-Media now belongs to Seng Theary.
10:49 AM
Khmer Intelligent now belongs to Khmer Israel
Mike you have 8 more years on this lease by 2020 NamYong will give you their best offer.
And KI-Media has been deleting anonymous's comments willy nilly!
This KR Trials, only three tops leaders is a joke. Take more than three persons to kill more than 3 millions of our flash and blood Khmers. Sihanouk and others should also stand trial if there is to be justice for my families and others.
Superpowers and our neighbors should also answer questions about what went wrongs. THIS IS THE ONLY WAY CALL REAL JUSTICES.
Of course the companions of the January 7, 1979 was as
executives of the organization of the Khmer Rouge, so it had
transformed and manipulated the Khmer Rouge Tribunal 001 in theater and achive 3 great success: 1. The Khmer Rouge Tribunal much in late and took too long. 2.Number One of the hight responsable was not summoned to the Khmer Rouge Tribunal. 3. It changes the real name (Kaing Kek Ev)
by calling (Duch)that the organization of the Khmer Rouge
invented a long time ago to deceive the public and
insult the people who are called first or last name (Duch)
for example, the painter (Duch Sideum), the master of music
(Sok Duch) of the Takeov province, the grandparents of Miss Seng Theary
(Duch Som) ect ... broadcast by the global media including Radio France Internationale (RFI & FRA) and often speaking by journalists (Jean François Tan, Kouch kuntheara,Pen Bunna ...).
Paris V.January26,2012.
10:41 AM
I cannot understand what you are trying to say below.
"3. It changes the real name (Kaing Kek Ev)by calling (Duch)that the organization of the Khmer Rouge invented a long time ago to deceive the public and
insult the people who are called first or last name (Duch)
for example, the painter (Duch Sideum), the master of music
(Sok Duch) of the Takeov province, the grandparents of Miss Seng Theary"
It is a war psycho-political that Angkar-leu Khmer-Rouge invented a long time ago to hide the truth, for example if it takes your name or surname of your friend instead of (KEK Kaing EV), are you okay?
Paris V.January26,2012
LA PLAIE EN DESSUS D'UN BOEUF POURRIT DE PLUS DE DE 30 ANNÉES COMMENCE A FRISSONNER VRAIMENT C'EST UNE EXCELLENCE NOUNELLE POUR NOS SANG KHMERS LES PATRIOTIQUES. ALORS ,SI LE VIÉTNAM ET LE GOUVERNEMENT HUN SEN SONT HONNETES POURQUOI ILS SONT PEUREUX DU TRIBUNAL INTERNATIONAL POUR LES KHMERS ROUGES(LE C E T C)?
All Khmers,
Hanoi did order Khmer Viet Minh to murdere Khmer people during Khmer Rouge era.
For example the case of Moul Sam Bat (Ta Kao) and So Phim. Bothe of them were Khmer Viet Minh.
Now Khmer Viet Minh and Secret Hanoi's agents RULE CAMBODIA as Vietnam Province.
Hanoi Divide to conquer Cambodia.
The Oppositions will never win CPP at all cost.
And,
Cases 003 and 004 contained Khmer Viet Minh hiding among Khmer Rouge.
To Try these two cases will REVEAL THE TRUTH OF HANOI's Khmer people murderers.
This is my first time to see many fruitful debates among bloggers on Khmer issue. Good job KI, but stop added-on any sarcastic to the original head line will you. AAA+ ratings for now.
The United Nations can withdraw the ECCC to another country if it is under too many political interferences, but it cannot quit untill the job is done to find true justice for Cambodia and all victims of the Killing Fields.
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