Reason for the lawsuit against the government at the ICC - អង្គហេតុ​ក្នុង​បទ​ចោទ​រដ្ឋាភិបាល​នៅ​តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ

https://www.youtube.com/watch?v=6tdZ6rnScrw

ប្រជាពលរដ្ឋ​និង​កង​កម្លាំង​ប្រដាប់​អាវុធ​ប៉ះ​ទង្គិច​គ្នា ក្នុង​ពេល​សមត្ថកិច្ច​ចុះ​អនុវត្ត​សាលដីកា ទាក់​ទិន​នឹង​ជម្លោះ​ដី​មួយ​កន្លែង​នៅ​ស្រុក​ឧត្តុង្គ ខេត្ត​កំពង់ស្ពឺ កាល​ពី​ថ្ងៃ​ទី​៩ ខែ​មិថុនា ឆ្នាំ​២០១១។ (RFA/Uon Chhin)

2012-08-23
Radio Free Asia

ស្ថាប័ន​យុត្តិធម៌​អន្តរជាតិ​ដែល​ទទួល​ពាក្យ​បណ្ដឹង​របស់​ពលរដ្ឋ​ខ្មែរ​នោះ គឺ​ជា​ស្ថាប័ន​ផុស​ចេញ​ពី​ឆន្ទៈ​ប្រទេស ១២០ បាន​ព្រម​សម្រេច​ចិត្ត​រួម​គ្នា​បង្កើត​ច្បាប់​អន្តរជាតិ​មួយ នៅ​ថ្ងៃ​១៧ កក្កដា ឆ្នាំ​១៩៩៨ នៅ​ក្រុង​រ៉ូម ប្រទេស​អ៊ីតាលី ហៅ​ថា ច្បាប់​ក្រុង​រ៉ូម ឬ​អង់គ្លេស​ហៅថា the Rome Statute។

តាម​ច្បាប់​អន្តរជាតិ​នេះ តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ​ផុស​ចេញ​ជា​រូបរាង​នៅ​ថ្ងៃ​ទី​១ កក្កដា ឆ្នាំ​២០០២ ដោយ​មាន​ប្រទេស​ចំនួន ៦០ រួម​ទាំង​កម្ពុជា​ផង ចុះ​ហត្ថលេខា​ផ្ដល់​សច្ចាប័ន។

សូម​ស្ដាប់​សេចក្ដី​រាយការណ៍​របស់​លោក ហាស់ សាន អំពី​ធាតុ​សំអាង​មួយ​ចំនួន​ដែល​អង្គការ​ចលនា​អំណាច​ពលរដ្ឋ​ខ្មែរ​យោង​សម្រាប់​ដាក់​ពាក្យ​ប្ដឹង​រាជ​រដ្ឋាភិបាល នៅ​ក្រុង​ឡាអេ កាល​ពី​ខែ​មិថុនា កន្លង​ទៅ​នេះ៖

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[ICC] Court Seeks Proof of Abuses

A woman from Boeung Kak Lake fight back against cops

Dey Krahorm: a woman passed out when her house was razed down.

Borei Keila: A resident collapsed when her house was demolished

 NEED WE ADD MORE?

The International Criminal Court requests more evidence of abuses by the Cambodian government.

2012-08-22

Radio Free Asia

“During Hun Sen’s leadership, of course there have been some mistakes, but those mistakes are not serious enough to be considered crimes against humanity” (sic!) - Cheam Yeap

The International Criminal Court (ICC) has sought more details from a Cambodian rights group over a complaint lodged on “crimes against humanity” allegedly committed by Prime Minister Hun Sen’s government against its people, according to the group.

Sourn Sereyratha leader of the Khmer People Power Movement (KPPM), claimed the ICC had requested witness statements and more evidence to back the organization’s complaint submitted two months ago against Cambodian Government led by Prime Minister Hun Sen and the ruling Cambodian People’s Party (CPP).

“After submitting the complaint on June 22, which requested the court to investigate crimes against humanity committed by the Phnom Penh government, our lawyers are now working with the ICC prosecutor,” he told RFA’s Khmer service.

“The court has requested that we pass on additional evidence for further investigation.”

KPPM sues Hun Xen's government at the ICC

ចលនា​អំណាច​ពលរដ្ឋ​ខ្មែរ ប្ដឹង​រដ្ឋាភិបាល​កម្ពុជា​ទៅ​តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ


2012-08-22
ដោយ ជី វិតា
Radio Free Asia

និទ្ទណ្ឌភាព និង​ប្រព័ន្ធ​យុត្តិធម៌​ទន់​ខ្សោយ​នៅ​កម្ពុជា គឺ​ជា​ចំណុច​ខ្លាំង​នៃ​ពាក្យ​បណ្ដឹង​របស់​អង្គការ​ចលនា​អំណាច​ពលរដ្ឋ​ខ្មែរ ដែល​បាន​ដាក់​ទៅ​តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ (International Criminal Court = ICC) ប្ដឹង​ចោទ​រដ្ឋាភិបាល​កម្ពុជា ក្រោម​ការ​ដឹកនាំ​របស់​លោក​នាយក​រដ្ឋមន្ត្រី ហ៊ុន សែន ថា បាន​ប្រព្រឹត្តិ​បទ​ឧក្រិដ្ឋកម្ម​ប្រឆាំង​មនុស្ស​ជាតិ។

មន្ត្រី​ឃ្លាំ​មើល​តុលាការ​អន្តរជាតិ អ្នកស្រី ឃ្លែរ៍ ដឹហ្វហ៊្វី (Clair Duffy) នៃ​អង្គការ OSJI (Open Society Justice Initiative) មាន​ប្រសាសន៍​ថា តាម​គោលការណ៍​ដើម្បី​អោយ​តុលាការ​ព្រហ្មទណ្ឌ​អន្តរជាតិ​នេះ​មាន​សមត្ថកិច្ច​ចាត់​ការ​រឿង​ក្តី​ព្រហ្មទណ្ឌ​ណា​មួយ​បាន​នោះ លុះត្រា​តែ​ម្ចាស់​បណ្ដឹង ឬ​ដើម​ចោទ អាច​បង្ហាញ និង​បញ្ជាក់​អោយ​រដ្ឋអាជ្ញា នៃ​តុលាការ​នេះ​ជឿ​ជាក់​ថា ទី១ បទ​ល្មើស​ដែល​ប្ដឹង​ទៅ​នោះ មាន​សភាព​ធ្ងន់ធ្ងរ ដែល​អាច​បង្ក​ក្តី​បារម្ភ​ដល់​សហគមន៍​អន្តរជាតិ។ ទី២ មាន​ភស្តុតាង​បញ្ជាក់​ថា បទ​ល្មើស​នោះ​កើត​ឡើង​យ៉ាង​ទូលំ​ទូលាយ ជា​លក្ខណៈ​ប្រព័ន្ធ។ ហើយ​ទី៣ តុលាការ​នៅ​ក្នុង​ប្រទេស​នោះ មិន​មាន​ឆន្ទៈ ឬ​មិន​អាច​រក​យុត្តិធម៌​ជូន​ជន​រងគ្រោះ។

Sonando broadcast targeted PM [-Mam Sonando caught in the middle?]

Mam Sonando caught between Hun Xen and Sourn Serey Ratha?

Din Phanara (C), the wife of Beehive Radio director Mam Sonando, is blessed by monks during a ceremony in Phnom Penh. Photograph: Vireak Mai/Phnom Penh Post

Wednesday, 18 July 2012
David Boyle
The Phnom Penh Post

The chances of such a case [KPPM suing Hun Xen at the ICC] being accepted are highly unlikely given the ICC is already backed up and already has much more grave cases to focus on.

A day before Prime Minister Hun Sen publicly called for the arrest of Mam Sonando, the Beehive Radio station director hosted a fiery broadcast from The Hague, where lawyers were trying to launch a case against the premier in the International Criminal Court.

Just under three weeks later, Sonando returned to face the music and he remained free for a few days until, coinciding with departure of foreign dignitaries in town for the ASEAN summit, he was arrested on Sunday.

A spate of charges against Sonando, including insurrection, have been levelled in connection with the so-called secessionist plot allegedly engineered by the Association of Democrats in Kratie that prompted authorities to launch a violent crackdown in May that resulted in the shooting of a 14-year-old girl.

But a coalition of 14 rights groups, including the Cambodian Center for Independent Media and Licahdo, have suggested the arrest had more to do with the fact that his radio guests were openly discussing filing charges against the premier.

Interpol issues arrest notice for Kadhafi, son Seif [-A lesson for Hun Xen and Hun Manet?]

A woman reads a copy of the newspaper Arus al-Bahr bearing a doctored image of Moamer Kadhafi (AFP, Patrick Baz)

Friday, September 09, 2011
AFP

LYON, France — World police body Interpol on Friday called for the arrest of fugitive former Libyan leader Moamer Kadhafi for his alleged crimes against humanity, following a request by the International Criminal Court.

Interpol said it had issued a "red notice" for the arrest of Kadhafi, his son Seif al-Islam and his intelligence chief Abdullah al-Senussi, one day after ICC prosecutor Luis Moreno-Ocampo asked for the agency's help.

Interpol asked its 188 member countries "to take all measures consistent with their national laws to help the ICC locate and apprehend Kadhafi."

ICC's arrest warrant against Gadhafi: A warning to authoritarians in Cambodia for their alleged crimes against humanity

International Criminal Court issues arrest warrant for Gadhafi

June 27, 2011
By the CNN Wire Staff

STORY HIGHLIGHTS

• NEW: White House spokesman calls it another sign Gadhafi "has lost his validity."
• NEW: State Department spokeswoman says Gadhafi must realize "it's time to go"
• Libya-born U.S. analyst says Gadhafi will now think he should fight until the end
• The U.N. says hundreds have been killed in the Libyan conflict

(CNN) -- The International Criminal Court issued arrest warrants Monday for Libyan leader Moammar Gadhafi and two of his relatives.

ICC Judge Sanji Mmasenono Monageng read aloud the decision to issue warrants for Gadhafi, his son Saif al-Islam Gadhafi, and his brother-in-law Abdullah al-Sanussi.

Saif Al-Islam Gadhafi is a close adviser to his father. His arrest warrant came two days after his 39th birthday. Al-Sanussi serves as Gadhafi's head of intelligence.

The warrants are "for crimes against humanity," including murder and persecution, "allegedly committed across Libya" from February 15 through "at least" February 28, "through the state apparatus and security forces," the court said in a news release.

Thai prime minister accused of war crimes

Abhisit Vejjajiva (R) with U.N. Secretary-General Ban Ki-moon in Bangkok today
Photo: REUTERS

Abhisit Vejjajiva, the Old Etonian prime minister of Thailand, was accused of crimes against humanity during military operations to break up the Bangkok riots earlier this year in a complaint lodged on Tuesday at the International Criminal Court (ICC).

26 Oct 2010

By Damien McElroy, Foreign Affairs Correspondent

The Telegraph (UK)

Mr Abhisit, who is expected to host David Cameron during the UK prime minister's holiday in Thailand at Christmas, was accused of ordering a military operation against Red Shirt demonstrators that left 90 dead and more than 1,800 injured.

The embattled Thai leader was one of 15 senior figures, mostly from the military, said to be responsible for targeted assassinations, torture, illegal detention and inhumane acts by military forces by the United Front for Democracy against Dictatorship.

Supporters of Thaksin Shinawatra, the ex-prime minister deposed in 2006, blockaded the centre of Bangkok in an attempt to force Mr Abhisit's government – which was installed under heavy military and royalist pressure on MPs – to resign. After weeks of turmoil, the army moved in to clear the streets of protesters. Parts of Bangkok were declared a "live fire zone".

The opposition report said activists had documented the execution of a number of people by army snipers. Among the victims were Major-General Khattiya Sawasdipol, known as Seh Daeng, or "Commander Red", three nurses working in a temple and Fabio Polenghi, an Italian photographer.

Under ICC rules, the chief prosecutor has eight weeks to examine the petition before deciding on whether or not to bring charges. Mr Abhisit is also facing a court verdict that could see his Democrat Party dissolved, a development that would also trigger his resignation.

Can Hun Xen be pursued by the ICC?

Dear KI[-Media],

I am writing to you to seek your answer whether ICC has jurisdiction on Hun Sen if any of us sue him [in] the said court?

I hope to hear from you.

Yours sincerely,

L. H.

Dear L.,

We raised your question to one of our legal acquaintances, the answer is provided below. We hope this reply will be useful in your future endeavor.

Disclaimer: We cannot be held liable should your question earns you a curse of "lightning strike at noon" from certain quarters in Phnom Penh. Nevertheless, from our personal experience, such curse did not work on us yet. The US National Weather Service reported that the odds of being struck by lightning in a given year (reported deaths + injuries) is merely 1/750,000, i.e. a relatively minute chance.

Sincerely,

KI-Media

-----------------------

YES!

Cambodia has ratified the ICC and thus is under its jurisdiction. If right now the ICC prosecutor [Luis Moreno Ocampo of Argentina] wants to go after Hun Sen like he has gone after the president of Sudan and the leader of the War Lord's Resistance army, he can. He would like to go after the Burmese Junta I am sure, but Burma has not ratified the ICC and is thus not under its jurisdiction.

In sum, theoretically, YES the ICC prosecutor can go after Hun Sen, but unfortunately not for the crimes of 1997, as they occurred before ICC came into force in 2002; ICC cannot work retroactively.

Rome Statute of the International Criminal Court

http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf

Art. 11: 2. If a State becomes a Party to this Statute after its entry into force [ July 2002] the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State…

Art. 1: The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

Art. 15 vests substantial power in the person of the Prosecutor (one of the reasons the US has not ratified).

Sacrava's Political Cartoon and Greeting: Happy Khmer New Year 2553

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)