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 (Indictment). The Closing Order of the Co-Investigating Judges forms the basic document   from which all the parties (Co-Prosecutors, Co-Lead Lawyers for all civil parties, Defense Lawyers) will be making 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 will hear the   substantive (sic!) arguments over the criminal charges   (Genocide, crimes against humanity, penal code of 1956, etc., Only the Phase I Movement in April 1975). Available in Khmer, English and French. Contact the ECCC for a free copy.

 

CLOSING ORDER

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

 

IX. ROLES OF THE CHARGED PERSONS

 

B. IENG SARY

 

Knowledge of Existence of an International Armed Conflict

1111.        Ieng Sary was aware that an international armed conflict existed between Cambodia and Vietnam at all times from April 1975 until at least 6 January 1979.

1112.        Ieng Sary personally visited Hanoi to negotiate the conflict.⁴⁵⁹⁰ He attended at least three Standing Committee meetings at which the status of the conflict with Vietnam was discussed.⁴⁵⁹¹ The first of these meetings was held on 22 February 1976.⁴⁵⁹² Further, Ieng Sary received a large number of telegrams regarding RAK military operations against Vietnamese forces along the border,⁴⁵⁹³ and communicated with Vietnamese,⁴⁵⁹⁴ Laotian,⁴⁵⁹⁵ Thai,⁴⁵⁹⁶ and French⁴⁵⁹⁷ representatives about these incidents. The first of these reports is dated 11 November 1975.⁴⁵⁹⁸ Ieng Sary was always informed of war-related matters due to his position as a member of the Standing Committee and Deputy Prime Minister for Foreign Affairs.⁴⁵⁹⁹

1113.       In his capacity as Deputy Prime Minister of Foreign Affairs, Ieng Sary brought the conflict between Cambodia and Vietnam to the attention of the international community. He informed the United Nations Security Council of the conflict,⁴⁶⁰⁰ severed diplomatic relations with Vietnam due to the ongoing fighting,⁴⁶⁰¹ and made various speeches on the topic to foreign diplomats in Phnom Penh,⁴⁶⁰² at the Conference of Foreign Ministers of Non-aligned Countries in Belgrade,⁴⁶⁰³ at the Chinese embassy in Phnom Penh,⁴⁶⁰⁴ at a banquet for a delegation of the French Marxist-Leninist Communist Party,⁴⁶⁰⁵ at a press conference on a state visit to the Philippines,⁴⁶⁰⁶ in a statement on a state visit to Indonesia,⁴⁶⁰⁷ at a press conference at the 33^rd session of the United Nations General Assembly,⁴⁶⁰⁸ and at the reception of the Yugoslavian ambassador to Cambodia.⁴⁶⁰⁹ Ieng Sary also mentioned the conflict in personal interviews with journalists.⁴⁶¹⁰

1114.       To support the claim that the conflict was a result of Vietnamese aggression, Ieng Sary, personally and through his Ministry's officials, distributed a collection of evidence entitled the Black Paper⁴⁶¹¹ to foreign officials and the press. Further, in July 1978, Ieng Sary was notified by telegram⁴⁶¹³ that a compilation of "confessions" of captured Vietnamese soldiers published by the "Department of Press and Information of the Ministry of Foreign Affairs of Democratic Kampuchea"⁴⁶¹⁴ had been circulated among the representatives of other nations. These same "confessions" were broadcast over the radio.⁴⁶¹⁵