The Elephants in the Room - Sambo No. 2

2: Partial Account

This trial will never reconstruct the history of the Khmer Rouge, let alone reveal the truth about what happened in recent Cambodian history. This mini‐trial will not even give an accurate account of the capture of Phnom Penh and the evacuations that followed that capture. This will be a mini‐trial in more than one sense. This trial will be like a play ‐ or a film ‐ with an incomplete cast, a mini‐cast. Some of the major actors will be conspicuously absent. And the result will be a partial account.

Where is Henry Kissinger? Kissinger played a lead role in the Cambodian tragedy and should also do so in this mini‐trial. Kissinger was possibly the main architect of the bombing campaign of Cambodia in the late 1960s and 70s. Most historians agree that without this American intervention, the Khmer Rouge would not have been able to seize power, to capture Phnom Penh, let alone evacuate all those people who were in the city because of that American bombing. Without Kissinger we would not be here today. The indiscriminate American bombing of Cambodia is without a doubt a war crime, for which Kissinger should be tried. The limited jurisdiction of this Court, unfortunately, does not allow him to be judged here. But as a witness he could and should have played an important role.

Up to 500,000 people were killed by the American bombing. Why are those deaths always attributed to the Khmer Rouge, as the Prosecutor did in the Opening Statement?

So far the Court has not allowed us to raise, let alone discuss, the role played by other actors in this drama. Why are there no “insiders” on the list of witnesses? Where are, for example, Heng Samrin, Chea Sim, Hun Sen and the other government officials with a Khmer Rouge history? It is not because we did not ask for them (we did, and our request was rejected). Or because they have nothing of importance to say. On the contrary, we think their testimony is essential to understand the history of the Khmer Rouge and the evacuation Phnom Penh in April 1975. Heng Samrin, Chea Sim, Hun Sen: they were all there and of played an important role… So the cast is incomplete, even for this mini‐trial. And I would like to emphasise that this is not the result of restrictions imposed on the judges by the rules of this Court. This is the result of self‐imposed restrictions; the result of unfortunate, politically motivated self‐censorship by the judges themselves. The Trial Chamber has so far consistently shown a reluctance to confront the political forces in this country, even when this was necessary to fulfill its judicial function.

- Michiel Pestman (Nuon Chea's defence)

The Elephants in the Room - the 1st Sambo