Saturday, August 04, 2012

New Judge Has Chance to Improve Tribunal’s Legacy, Monitor Says

Mark Harmon (R) (Photo: AFP)
At stake in cases 003 and 004 are the potential indictments of five more Khmer Rouge cadre.

Sok Khemara, VOA Khmer
04 August 2012

WASHINGTON DC - Observers of the Khmer Rouge tribunal say they fear the UN-backed court is not going to be able to complete its work, leaving a failed legacy in the face of government opposition to two more cases.

Latt Ky, a monitor for the rights group Adhoc, said he is concerned with the slow pace of progress in cases 003 and 004, which would require five more arrests and indictments, but the recent UN nomination of an investigating judge could signal continued interest in their pursuit.

“I hope the UN will not leave these cases half way, because if they leave them half way, it’s a failed model for other criminal courts,” he said.

The tribunal, which stood up in 2006, has weathered continued funding woes, allegations of corruption and mismanagement and controversy over government interference.


It is now facing donor fatigue, with international funding dwindling, as well as disillusionment among those victims who have sought to participate in the process, Latt Ky said.

With the UN announcement this week of the appointment of Mark Harmon, an American judge, to replace a resigned investigating judge, the court has a chance to continue its work, he said. “But how much further it can go, I don’t know,” he said.

At stake in cases 003 and 004 are the potential indictments of five more Khmer Rouge cadre, whom prosecutors say were most responsible for mass killings at prison camps, in purges and in labor cooperatives.

Prime Minister Hun Sen has said these cases must not go forward, lest they unsettle former Khmer Rouge. Victims say they want the court to try as many responsible as possible.

Three investigating judges have resigned from their position since the tribunal’s inception. The most recent two were over the two cases, with the last judge, Laurent Kasper-Ansermet, claiming he had faced opposition from his Cambodian counterpart. The office has also seen walkouts of international staff over its handling of the cases.

Latt Ky said he wanted to see the two cases pursued to their conclusion, even if that means only officially naming the five suspects—something the court has refused to do, despite name leaks to local and international media.

Tribunal spokesman Neth Pheaktra said he believed the judges will be able to overcome any problems or differences through internal court procedures. “We don’t believe there is anything we can’t solve when there are obstacles in the future,” he said.

15 comments:

Anonymous said...

i think all judges need to be strong and tough when dealing with the KR brutal legacy. judges can't be nice with the KR stupidity and brutality, really. cambodia and khmer victims need and want justice for what the primitive KR regime did to cambodia and khmer people; there is no leniency when we are talking about the KR brutal legacy, you know. please be strong and tough with the KR leaders. may god bless my country cambodia and good khmer people who want justice for what they did.

Anonymous said...

Pol Pot,

For Pol Pot was both right and wrong as previous and presents Camboian leaders and politicians but if you dig deeper about real Cambodian history must show clearly that between millions of yuon both civilians and military personals must be in Cambodia soon after 1975 but tilled 1979 yuon Hanoi could not send a single youn into Cambodia why?

Because Pol Pot refused this.

If you look at ECCC which has been trials only mainly Nuon Chea and Khieu Samphan has had so many obstacles from Hun Sen and this ECCC cutting and editing parts of real Khmer history by not allowing Nuon Chea and Khieu Samphan speaking out before 1975 and after 1979 such K 5 plan.


So Pol Pot was wrong but why Youn Hanoi hate Pol Pot more than Cambodian people hate Pol Pot.


Because Pol Pot knew and had a strong policy agianst this Indochina Federatation to swallow Cambodia and exterminate Khmer ethnic and this is the main reason why the nominal leader Khie Samphan supported this policy of Pol Pot.

Better understanding of Pol Pot is part of keeping pages of real Khmer history rights not cutting or editing like ECCC has been diong.

Anonymous said...

The root of the problems is not addressed .

The root of the problem is Indochina
Federaiton to swaallow and exterminate Khmer ethnics as yuon Hanaoi did to Champa, Prey Norkor, Kampuchea-Krom and lately to Lao and now yuon Hanoi has been swallowing Cambodia by inflowing millions of civillians and military personals into Cambdia.

Anonymous said...

when you create something from nothing, then you have problem. that's what the stupid KR regime did, they created something from nothing by trying to use force on cambodia and every khmer people who happened to be civilized and different from their policy. that's plain stupidity and ignorant and so primitive, really. they what killed so many people and destroy civilization, it was their stupidity, their ignorance and their primitive system in the wrong place and wrong time in cambodia, not to mention the stupid, primitive, ignorant KR leadership failed miserably to see or understand the world because their world was primitive, and the bigger world wasn't all that primitive anymore. god i hate stupid, ignorant and primitive society like that. there's no way on earth i'll be like them, you know, not even if they paid me so, really. i hate that, it's in my gene, you know. so, no KR system for me, ok!

Anonymous said...

the thing about the KR system or regime, something might be good or desirable, but the downside to it is the brutality, the killing, the lack of justice, the lack of civility. the primitive KR regime, it was like you either with them or you die, there was no choice, no freedom, so saying in all of it, you know. being for them was good for their small group of supporters or sympathizers, but for the majority of people both inside or outside of cambodia, it was horrific and terrifying and short-lived. the KR failed miserably to control the world; maybe they try to separate themselves from the rest of the civilized world, but again, in this day and age, how can one country live or exist or survive without the global interaction like international trades, international diplomacy, international everything, etc, etc, you see. the KR was short-lived, but very destructive and unpopular for real, you know. the KR regime was a good example of some sort of mental disorder called paranoia, and they had psychotic or psychopath people ran their gov't then, so the world saw that consequence. yes, paranoia or fear could be a strong force to be reckoned with; it's a driving force. fear or paranoia with ignorance was like fuel and fire, they like each other. the result was catastrophic for people's lives and country under their brutal rule then, you see. it was like going back to being lawlessness or the primitive world where no law was needed for anything. that was the KR regime, no law at all; they governed by the use of force on their population and cambodia, you know. and it was sort of like the world's fault as well in a way because civilized countries then stood still watching in horrific scene that took place in cambodia under the veil of darkness. how could that be? shame on the KR, shame on the civilized world as well for letting it happen without some kindof intervention to stop it from happening in the beginning of it all, you know. cambodia and khmer society now needs healing and reconciliation and national redevelopment and national reconstruction, reforms, etc, etc in all areas of humanity, civility, rule of law, ethics, professionalism, code of conduct, etc, etc, you name it and cambodia and khmer people can use all of them, really! the KR was a wake up call for not only cambodia but the rest of the civilized world out there and those who love civility, those who care about humanity and so on and so forth, i think. may the good god bless, guide and help cambodia and khmer people to reborn into a better world where we all can co-exist and live peacefully and prosperous as well.

Anonymous said...

i like american judges better because they are realistic and professional and highly educated. america always do the right thing. i think america judges and america educated people can help educate and instill that good american spirit into cambodia and cambodian educational system and cambodia judicial system can use much reforms as well so khmer people can learn from the american experience, etc. may the good god bless my country cambodia and all our beautiful khmer people and citizens always.

overall, i just love america and the american way of realism, professionalism and all that good stuff, you know. cambodia can learn a lot from american judicial system, really. god bless judge mark harmon for his willing to take on the tough job of being a judge in this KR trial.

Anonymous said...

if it were easy, everybody could've done that, really! that's what makes a person an achiever, you go beyond the call of duty, you go an extra mile, that's what distinguishes you from the mundane people, really!

Ben said...

The UN failed to disarm the Communist.
The UN is the US's right hand man.
Now that the US works with Vietnam, the UN will fail again on this KRT. because those Khmer Rouge are still in power and they are Viet Congs' puppets.

Anonymous said...

The Vietcong dog eaters and AH HUN SEN Vietcong slave had been rewriting Cambodian history since 1979 through fake peace and stability! And about the fucken Khmer Rouge Trial is used as weapon to shame one another among major powers! I say to hell the Khmer Rouge Trail! It is about time put the Vietcong and AH HUN SEN Vietcong slave on trial to find real justice for Cambodian people!

Anonymous said...

8:54 AM
Talk is cheap. These judges are in the hands of the criminals who have army to shoot/kill. If this Trial really a serious trial, the UN and US should provide heavy bodyguards for them.
Strong? How strong would you want them to be?
The trial should be at outside Cambodia, so the criminals like Hun Sen and Yuon cannot interfere.

Anonymous said...

អស់លោកសហមេធាវីស៊ើបអង្កេតអន្តរជាតិ អាច
ប្រើបទពិសោធន៍ជំនាញរបស់ខ្លួនបាន តែពុំមែន
ក្នុងសាលាក្ដីក្លែងក្លាយនៅកម្ពុជាមួយនេះទេ ព្រោះ
ទីនេះជារបស់យួន និង អាមេរិក។រឿងរ៉ាវទាំងអស់
លោកត្រូវធ្វើតាមយួនទាំងស្រុង បើមិនចឹងទេ
លោកនឹងត្រូវអស់ដំណែង។

Anonymous said...

Ben I agree with you,

UN is US right hand man.

Anonymous said...

Dear 3:08 PM,

I agree with your comment not only 100 % but 1000 % let me quote your whole comment ( quote ).

អស់លោកសហមេធាវីស៊ើបអង្កេតអន្តរជាតិ អាច
ប្រើបទពិសោធន៍ជំនាញរបស់ខ្លួនបាន តែពុំមែន
ក្នុងសាលាក្ដីក្លែងក្លាយនៅកម្ពុជាមួយនេះទេ ព្រោះ
ទីនេះជារបស់យួន និង អាមេរិក។រឿងរ៉ាវទាំងអស់
លោកត្រូវធ្វើតាមយួនទាំងស្រុង បើមិនចឹងទេ
លោកនឹងត្រូវអស់ដំណែង។

This ECCC in Cambodia is Hanoi and US ECCC to cover up their own genocide and war crimes known as Indochina Federation ( such aa K 5 plan, swallow Cambodia, exterminate Khmer ethnics as yuon Hanoi did to Champa, Prey Norkor, and Lao now in Cambodian ) and B 52 carpet bombing in Cambodia which cuased nearly million Camboidan lives and mass atrocities such as US B 52 in 1969s and 200 days and 200 nights in 1973.

Anonymous said...

This ECCC in Cambodia must do as Uncle HO and Ucle Sam do so if the this or any other foreign judges want to work this this ECCC in Cambodia they all must put their international codes of practice as judges and listen and work as Uncle Ho and Uncle Sam say.

Anonymous said...

ECCC in Cambodia.

Thank you the following persons in this ECCC in Cambodia:

1. Nil Noon.

2. Chea Leang.

3. Yu Bunleng.

These 3 above persons have working very hard to block Cases 003 and 004 from taking place and not alllowing Nuon Chea and Khieu Samphan speaking out about what has happened before 1975 and what has happened after 1979 .

Thank you above 3 persons again for cutting and editing real Khmer history so the next Khmer generation has been reading their history written by us the sons and daughters of late Uncle Ho.


And the most sincere thank is Nil Noon, Chea Leang and Yu Bunleng have been playing important roles in putting Nuon Chea and Khieu Samphan for lives sentences for sure.


And even better than this let some Cambdian read their history wrtten by sons and daguthers of Ucle Ho.

Brove Uncle Ho, your dream has came truth, now at least 5 millions of both militaries personal and civilians in Cambdodia to vote for our Mr. Prime Minister Hun Sen and military personal to suppress any uprising from Cambodian people.

Let treat each other as brother enemy it make our Indochina Federation to swallow and exterminate Cambodian ehtnics more easier.

Bravo Uncle Ho your dream has came truth now Lao and Cambodia have been in our hands.