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
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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
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).
11 comments:
ចង់ប្ដឹងលោកហ៊ុនសែនផង ? ដេកចាំទៅអាវ៉ាអើយ ប្រយ័ត្នតែ លោកហ៊ុនសែន ប្ដឹងបកមកវិញនោះ យំមិនចេញទឹកភ្នែកឥឡូវ ។
May lightning strike ah Kwack hun Xen at noon soon!!!!!
Sound Good MR.Hun Sen the complaint to Rome court about war crime for 3times committing is fit for yours .
Down to ah Hun Sen youn slave
Hun sen should be tried with the other KR leaders right now. He was part of the killing machine.
Jayavarman
Please find out the reason, why the US Government did not and will not invade Cuba ?
COMMON SAMAK MITH...DON'T CURSE HUN XEN THAT WAY... HE IS ALREADY ON HIS WAY TO HELL TO MEET WITH GRANDPA HO VERY SOON.
HUN XEN IS ALREADY BRAND BY THE WHOLE WORLD AS A CRIMINAL.
HUN XEN IS NO BETTER THEN ANYBODY OF THOSE CRIMINAL ONES.
IT IS UNBELIEVABLE KHMER RAISED A CRIMINAL - I THOUGHT WE RAISED ONLY GOOD KIDS. WE HAVE TO BLAME HUNXEN FATHER & MOTHER FOR BEING A BAD PARENTS. OH I FORGOT HUNXEN WAS ALSO RAISED BY HANOID-PARANOID.
CPP AND HUNOID ARE PARANOID... THAT WHY JAPANESE BUILD A HOSPITAL TO TREAT THEIR NERVOUS SYSTEM BECAUSE IT BEING LOSE AND CLOTTED.
IT NEEDS TO BE FIXED.
HUN XEN IS MENTALLY ILL
HE REALLY NEEDS HELP FAST
WE NEED PEOPLE POWER TO HELP BRING HUN XEN TO BE IN THE INSTITUTIONAL
MENTAL INSTITUTION THAT IS...
Hi All,
Very hard to substantiate these crimes since he is a leader of Cambodia, nevertheless, the ICC would not except such case against a leader of another country without the support of his colleagues. There are only three main substantives to which Hun Sen can be removed from power:
1. Ratified Cambodian Constitution.
2. The Paris Peace Accord.
3. The Khmer Rouge Trial
These are the only three factors to which Hun Sen can be removed from his seat of power. But unity among Khmer people must be there to help strengthening this enormous task of removing Hun Sen. If you are searching for other strategies, you can forget it. I have spent countless hours, but to no avail except what I have given the above followings.
Thank You
X-MEN
Hey you fucking Viet slave @1:27PM,
If you want to be Viet's slave for life, go ahead - it is your right, your freedom of choice, but do not drag the Cambodian people along with you or you will be eliminated from the face of this green planet earth. This is not a warning - this is not a threat. It is rather a promise!
[Si vous voulez être l'esclave des Viets à vie, allez-y: c'est votre droit, votre liberté de choix, mais ne pas essayer de prendre le peuple cambodgien libre avec vous ou vous serez éliminé de cette verte planète. Ce n'est pas un avertissement ni une menace mais plutôt une promesse sûre!]
ហេ អា/មី ងាប់ផុតពូជ ១:២៧PM
បើ អា/មី ងាប់ផុតពូជឯងចង់ធ្វើខ្ញុំកញ្ជះយួនអស់
មួយជីវិតនោះ ក៏ធ្វើទៅ តែកុំមកបញ្ចុះបញ្ចូលនាំខ្មែរ
អ្នកជា ផ្សេងៗទៀតទៅជាមួយអា/មី ងាប់ផុតពូជ
ឯងអោយសោះ ពុំនោះសោតទេ អា/មី ងាប់ផុត
ពូជឯងនឹងត្រូវអ្នកស្នេហាជាតិសំឡាប់អោយផុត
ពូជបាត់ពីលើផែនដីខៀវស្រងាត់នេះទៅមិនខាន។
នេះមិនមែនជាពាក្យព្រមានសំឡុតគំរាមកំហែងឬ
បន្លាចនោះទេ តែវាជាពាក្យ សន្យាពិតប្រាកដ៏តែ
មួយម៉ាត់ប៉ុណ្ណោះ!!!
Passer-by
those who are anticipated in removing hun sen from his seat please pass it on around the globe, any message or idea right now we on the spot all we need a a big push.
pass it on. there are of us living in tear everyday..we can't afford another minute of hs's time any more. thirty years is too much to take. feel the khmer who lives there they feel pain and suffering mentally, physically seeing this shit ass hand khme lands away to the vietcong ....
Let mobilize strenght from the outside to hellp push the inside people....
let makes it happens brothers... adn sister..
Hey 10:23, you are an idiot who cannot even spin the truth effectively. I hope they are not paying you too much for your ineptitude.
The International Criminal Court cannot prosecute for crimes before 2002.
And it cannot prosecute the very worst of the war criminals - because the US government makes sure it continues to get away with its crimes!
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