5 Khmer Rouge Leaders Prepare to Stand Trial

5 KHMER ROUGE LEADERS PREPARE TO STAND TRIALhttp://w3.nexis.com/new/results/docview/docview.do?risb=21_T1834128942&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T1834128946&cisb=22_T1834128945&treeMax=true&treeWidth=0&csi=8001&docNo=1
Marwaan Macan-markar
IPS - Inter Press Service
July 25, 2007 Wednesday

Cambodia's war-crimes tribunal has experienced many delays, but on July 18 prosecutors finally submitted the names of five Khmer Rouge leaders selected to stand trial for their regime's reign of terror.
\u003c/font\>\u003cfont size\u003d\"2\"\>\u003cspan style\u003d\"font-size:11.0pt\"\>\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>The United Nations-sponsored \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_4\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_4\"\>\u003c/a\>tribunal may put to rest a debate over\nwhether the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_5\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_5\"\>\u003c/a\>Khmer Rouge regime,\nwhich held power in the 1970s, can be accurately described as having committed\ngenocide.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>''Describing the acts committed in Cambodia as genocide has always been\ncontroversial -- it is not easily accepted by the legal community,'' said\nRupert Skilbeck, head of the Defense Support Section of the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_6\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_6\"\>\u003c/a\>tribunal, in a telephone interview from Phnom Penh. ''The court will have to consider\nthis question.''\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>The accepted definition of genocide is an act\nof violence aimed to ''destroy an ethnic group because of their nationality,\nrace, religion,'' added the lawyer from Britain,\nwho also served as the adviser for the defense during the special war-crimes \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_7\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_7\"\>\u003c/a\>tribunal for Sierra Leone.\n''Killing a people for their political views as happened in Cambodia is\ndifferent.''\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>The Extraordinary Chambers in the Courts of\nCambodia, as this \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_8\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_8\"\>\u003c/a\>tribunal is\nofficially called, is also expected to answer some other questions. Foremost\namong them is how many people the ",1]
);
//-->

The United Nations-sponsored tribunal may put to rest a debate over whether the Khmer Rouge regime, which held power in the 1970s, can be accurately described as having committed genocide.
''Describing the acts committed in Cambodia as genocide has always been controversial -- it is not easily accepted by the legal community,'' said Rupert Skilbeck, head of the Defense Support Section of the tribunal, in a telephone interview from Phnom Penh. ''The court will have to consider this question.''
The accepted definition of genocide is an act of violence aimed to ''destroy an ethnic group because of their nationality, race, religion,'' added the lawyer from Britain, who also served as the adviser for the defense during the special war-crimes tribunal for Sierra Leone. ''Killing a people for their political views as happened in Cambodia is different.''
The Extraordinary Chambers in the Courts of Cambodia, as this tribunal is officially called, is also expected to answer some other questions. Foremost among them is how many people the
\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_9\"\>\u003c/a\>Khmer\nRouge killed between April 17, 1975, and Jan. 6, 1979 -- the period of this brutal\nregime's rule and the period that the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_10\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_10\"\>\u003c/a\>tribunal\nis examining.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>''The number of people who died in Rwanda was not challenged, but the number of\ndeaths in Cambodia has not\nbeen confirmed: it could be challenged,'' Skilbeck said earlier this month to\njournalists in Bangkok.\nIn the African nation, there were an estimated 800,000 people from the ethnic\nTutsi community who were slaughtered by Hutu extremists during the Rwandan\ncivil war. That act of genocide occurred in 1994.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>The \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_11\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_11\"\>\u003c/a\>Khmer\nRouge has been accused of killing close to 1.7 million Cambodians, which was a\nquarter of the Southeast Asian nation's population at the time. The victims\nwere either executed or they died as a result of forced labor or starvation\nfrom famine as this Maoist group tried to turn the country into an agrarian\nutopia.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>The \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_12\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_12\"\>\u003c/a\>tribunal's\nattempt to shed light on these mass deaths may also prove embarrassing to major\npowers that were involved during the years when Cambodia was dragged into the\nU.S. war in Vietnam, which raged through the 1960s, early 1970s and beyond. The\nWashington-approved bombing raids against Cambodia\nhave been documented, as has the role Beijing\nplayed in propping up the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_13\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_13\"\>",1]
);
//-->
Khmer Rouge killed between April 17, 1975, and Jan. 6, 1979 -- the period of this brutal regime's rule and the period that the tribunal is examining.
''The number of people who died in Rwanda was not challenged, but the number of deaths in Cambodia has not been confirmed: it could be challenged,'' Skilbeck said earlier this month to journalists in Bangkok. In the African nation, there were an estimated 800,000 people from the ethnic Tutsi community who were slaughtered by Hutu extremists during the Rwandan civil war. That act of genocide occurred in 1994.
The Khmer Rouge has been accused of killing close to 1.7 million Cambodians, which was a quarter of the Southeast Asian nation's population at the time. The victims were either executed or they died as a result of forced labor or starvation from famine as this Maoist group tried to turn the country into an agrarian utopia.
The tribunal's attempt to shed light on these mass deaths may also prove embarrassing to major powers that were involved during the years when Cambodia was dragged into the U.S. war in Vietnam, which raged through the 1960s, early 1970s and beyond. The Washington-approved bombing raids against Cambodia have been documented, as has the role Beijing played in propping up the
Khmer\nRouge as it pursued its policy of slaughter.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>''America's\nillegal bombing raids will come up in figuring out how many died in Cambodia,''\nSkilbeck said. ''There will be lots of issues that will come up during the\ntrial that will be embarrassing to many countries.''\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>This quest for got under way 10 years ago,\nwhen talks began between the U.N. and Phnom\n Penh to set up the war-crimes \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_14\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_14\"\>\u003c/a\>tribunal. But this journey has faced many hurdles, including\nthose created by the Cambodian government, which has been under the firm grip\nof Prime Minister Hun Sen for decades.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>Hun Sen has not only backtracked on financial\ncommitments to the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_15\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_15\"\>\u003c/a\>tribunal but\nhas also heaped scorn on human rights groups that have challenged Phnom Penh's choice of\njudges for the war-crimes trial. The Extraordinary Chambers in the Courts of\nCambodia -- unlike other \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_16\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_16\"\>\u003c/a\>tribunals,\nsuch as the one that investigated crimes against humanity committed in former Yugoslavia --\nis not completely international in nature. Instead, it combines local and\nforeign jurists.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>In fact, the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_17\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_17\"\>\u003c/a\>tribunal is also expected to bring to the fore a question\nrelated to these Cambodian lawyers and judges. The question stems from concerns\nby human rights groups about the Cambodian jurists' grasp and application of\ninternational law, which will be the basis of the ",1]
);
//-->
Khmer Rouge as it pursued its policy of slaughter.
''America's illegal bombing raids will come up in figuring out how many died in Cambodia,'' Skilbeck said. ''There will be lots of issues that will come up during the trial that will be embarrassing to many countries.''
This quest for got under way 10 years ago, when talks began between the U.N. and Phnom Penh to set up the war-crimes tribunal. But this journey has faced many hurdles, including those created by the Cambodian government, which has been under the firm grip of Prime Minister Hun Sen for decades.
Hun Sen has not only backtracked on financial commitments to the tribunal but has also heaped scorn on human rights groups that have challenged Phnom Penh's choice of judges for the war-crimes trial. The Extraordinary Chambers in the Courts of Cambodia -- unlike other tribunals, such as the one that investigated crimes against humanity committed in former Yugoslavia -- is not completely international in nature. Instead, it combines local and foreign jurists.
In fact, the tribunal is also expected to bring to the fore a question related to these Cambodian lawyers and judges. The question stems from concerns by human rights groups about the Cambodian jurists' grasp and application of international law, which will be the basis of the
\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_18\"\>\u003c/a\>tribunal's proceedings.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>After all, the country's legal community was\nbrutalized by the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_19\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_19\"\>\u003c/a\>Khmer Rouge\nalong with other professional groups. The educated men and women became key\ntargets of the extreme Maoists, who deemed intellectuals to be enemies of the\nstate after declaring the regime's first phase of power as the ''Year Zero.'' Only\nnine lawyers and judges survived the years of terror, according to some\nestimates.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>For the Cambodians who survived the brutality\nof the late 1970s or who are among the millions who lost relatives to the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_20\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_20\"\>\u003c/a\>Khmer Rouge, there are equally\nrelevant questions that they hope the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_21\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_21\"\>\u003c/a\>tribunal\nwill help answer.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>''Many people want to know why the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_22\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_22\"\>\u003c/a\>Khmer Rouge [leaders] killed their\nown people and how they were killed,'' said Im Sophea, a ranking member of the\nCenter for Social Development, a Phnom Penh-based nongovernmental body. ''We\nexpect the court to reveal answers for this. Public expectation is very high.''\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>Events during the past week have triggered new\ninterest in the trial among people in the city and in rural areas, Im said in a\ntelephone interview from the Cambodian capital. ''They feel the wait for\nanswers is finally over.''",1]
);
//-->
tribunal's proceedings.
After all, the country's legal community was brutalized by the Khmer Rouge along with other professional groups. The educated men and women became key targets of the extreme Maoists, who deemed intellectuals to be enemies of the state after declaring the regime's first phase of power as the ''Year Zero.'' Only nine lawyers and judges survived the years of terror, according to some estimates.
For the Cambodians who survived the brutality of the late 1970s or who are among the millions who lost relatives to the Khmer Rouge, there are equally relevant questions that they hope the tribunal will help answer.
''Many people want to know why the Khmer Rouge [leaders] killed their own people and how they were killed,'' said Im Sophea, a ranking member of the Center for Social Development, a Phnom Penh-based nongovernmental body. ''We expect the court to reveal answers for this. Public expectation is very high.''
Events during the past week have triggered new interest in the trial among people in the city and in rural areas, Im said in a telephone interview from the Cambodian capital. ''They feel the wait for answers is finally over.''
\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>Pol Pot, the leader of the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_23\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_23\"\>\u003c/a\>Khmer Rouge, died in 1998, making it impossible to put him on\ntrial. Ta Mok, widely known in Cambodia\nas "The Butcher" for the atrocities he committed during the brutal\nregime's rule, died last June.\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp style\u003d\"margin-top:10.5pt\"\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan lang\u003d\"EN\" style\u003d\"font-size:11.0pt\"\>Nevertheless the five names submitted last\nweek to stand trial at the Extraordinary Chambers in the Courts of Cambodia\nwere also major figures in the Maoist group. According to reports in the\nCambodian press, they include Nuon Chea, Pol Pot's deputy; Khieu Samphan, who\nserved as head of state during the \u003ca name\u003d\"114150a34b30ae10_ORIGHIT_24\"\>\u003c/a\>\u003ca name\u003d\"114150a34b30ae10_HIT_24\"\>\u003c/a\>Khmer\nRouge years; Ieng Sary, the former foreign minister; and Kang Kech Eav, also\nknown as Duch, who was the head of the infamous Tuol Sleng prison in Phnom Penh\u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003cp\>\u003cfont size\u003d\"2\" face\u003d\"Times New Roman\"\>\u003cspan style\u003d\"font-size:11.0pt\"\> \u003c/span\>\u003c/font\>\u003c/p\>\n\n\u003c/div\>\n\n\u003c/div\>\n\n\n",0]
);
//-->

Pol Pot, the leader of the Khmer Rouge, died in 1998, making it impossible to put him on trial. Ta Mok, widely known in Cambodia as "The Butcher" for the atrocities he committed during the brutal regime's rule, died last June.
Nevertheless the five names submitted last week to stand trial at the Extraordinary Chambers in the Courts of Cambodia were also major figures in the Maoist group. According to reports in the Cambodian press, they include Nuon Chea, Pol Pot's deputy; Khieu Samphan, who served as head of state during the Khmer Rouge years; Ieng Sary, the former foreign minister; and Kang Kech Eav, also known as Duch, who was the head of the infamous Tuol Sleng prison in Phnom Penh