Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith

In light of the HISTORIC (!) start of MOST COMPLEX (sic!) trial hearings beginning on   27 June 2011 and again ANOTHER HISTORIC (!) START of this same MOST COMPLEX (sic!) on 21 Nov. 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is posting installations of the public document of the Closing Order of Case 002 (or, Indictment). The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (co-prosecutors, lead co-lawyers for all civil parties, defense lawyers) make their arguments before the Trial Chamber judges (one Cambodian President, 2 Cambodian Judges, 2 UN judges). Up until now, the hearings involving these four surviving senior Khmer Rouge leaders have been in the Pre-Trial Chamber over issues of pre-trial detention and jurisdictional issues. Beginning in June November 2011, the Trial Chamber is hearing the substantive (sic!) arguments over the criminal charges   (genocide against Buddhis

ts, genocide against Vietnamese, genocide against Cham Muslims, crimes against humanity at the 200 prisons, mass crimes in countless killing fields, Eastern Zone purges, penal code of 1956, etc.) of only the Phase I Movement in April 1975.

 
 Available in Khmer, English and French. Contact the ECCC for a free copy.  

 

CLOSING ORDER (or, INDICTMENT)

 

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

 

PART THREE:  LEGAL FINDINGS 

 

  

XIII. CRIMES AGAINST HUMANITY

 

A. "CHAPEAU"ELEMENTS  

Existence of the Attack

1347.       In light of the facts set out in the sections of this Closing Order on, inter alia, the "Factual Findings - Joint Criminal Enterprise" and the "Factual Findings - Crimes", the policy implemented by the Democratic Kampuchea authorities between 17 April 1975 and 7 January 1979 consisted of a widespread and systematic attack⁵²⁴⁹ against the entire civilian population of Cambodia,⁵²⁵⁰ principally on political grounds but also, in some contexts, on national, ethnic, racial or religious grounds.⁵²⁵¹ The underlying crimes set out below were committed as part of this attack;⁵²⁵² accordingly, the "chapeau" elements of crimes against humanity, as defined at the time of the events,⁵²⁵³ have been established.

1348.       As regards the actus reus, this attack consisted of the imposition of dictatorial control over the entire population of Cambodia,⁵²⁵⁴ in line with the CPK's objective to bring about rapid socialist revolution in Cambodia and to eliminate both internal and external enemies.