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Khmer Rouge Tribunal

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The Extraordinary Chambers in the Courts of Cambodia, commonly known as the "Khmer Rouge Tribunal" ', is a national court established pursuant to an agreement between the Royal Government of Cambodia and the United Nations to try senior members of the Khmer Rouge for serious violations of Cambodian penal law, international humanitarian law and custom, and violation of international conventions recognized by Cambodia, committed during the period between 17 April 1975 and 6 January 197 9. This includes crimes against humanity, war crimes and genocide.

Origin

In 1997, Cambodia's two Co-Prime Ministers at the time wrote a letter to the United Nations Secretary General requesting assistance to set up trial proceedings against the senior leaders of the Khmer Rouge. After lengthy negotiations, an agreement between the Royal Government of Cambodia and the United Nations was signed on 6 June 2003. The agreement was endorsed by the General Assembly of the United Nations.[1]

Cambodia established a Khmer Rouge Trial Task Force to create a legal and judicial structure to try the remaining leaders for war crimes and other crimes against humanity, but progress was slow. The government said that due to the poor economy and other financial commitments, it could only afford limited funding for the tribunal. Several countries, including Canada, India and Japan, came forward with extra funds. But by January 2006, the full balance of funding was not yet in place.

Nonetheless, the Task Force began its work and took possession of two buildings on the grounds of the Royal Cambodian Armed Forces (RCAF) High Command headquarters in Kandal province just on the outskirts of Phnom Penh. In March 2006, the Secretary-General of the United Nations, Kofi Annan, nominated seven judges for a trial of the Khmer Rouge leaders.

In May 2006, Justice Minister Ang Vong Vathana announced that Cambodia's highest judicial body approved 30 Cambodian and United Nations judges to preside over the long-awaited genocide tribunal for surviving Khmer Rouge leaders. The judges were sworn in early July 2006.[2]

In June 2009 the international Co-Prosecutor Robert Petit resigned from his assignment due to "personal and familiar reasons". In November of the same year, Andrew T. Cayley was appointed as new international Co-Prosecutor.

Judicial Chambers

Under the agreement between Cambodia and the UN, the tribunal is to be composed of both local and international judges. Due to Cambodia's predominantly French legal heritage, investigations are performed by the Investigating Judges, who will conduct investigations and submit a closing order stating whether or not the case will proceed to trial.[3]

Both the Pre-Trial Chamber and the Trial Chamber are composed of three Cambodian and two international judges, while a Supreme Court Chamber is made up of four Cambodian judges and three international judges.

All international jud ges ha ve been appointed by the Supreme Council of the Magistracy of Cambodia from a list of nominees submitted by the UN Secretary-General. There are also Reserve judges who may be called upon to serve in the event of an emergency.

The judges will serve out their terms until the Tribunal completes its work.

The current judges are:

Supreme Court Chamber

Name Country of Origin
Motoo Noguchi Japan Japan
Chandra Nihal Jayasinghe Sri Lanka Sri Lanka
Agnieszka Klonowiecka-Milart Poland Poland
Kong Srim Cambodia Cambodia
Som Sereyvuth Cambodia Cambodia
Sin Rith Cambodia Cambodia
Ya Narin Cambodia Cambodia
Florence Mumba : Reserve Zambia Zambia
Mong Monichariya : Reserve Cambodia Cambodia

Trial Chamber

Name Country of Origin
Silvia Cartwright New Zealand New Zealand
Jean-Marc Lavergne France France
Nil Nonn Cambodia Cambodia
Thou Mony Cambodia Cambodia
Ya Sokhan Cambodia Cambodia
Claudia Fenz : Reserve Austria Austria
You Ottara : Reserve Cambodia Cambodia

Pre-Trial Chamber

Name Country of Origin
Rowan Downing Australia Australia
Catherine Marchi Uhel France France
Prak Kimsan Cambodia Cambodia
Hout Vuthy Cambodia Cambodia
Ney Thol Cambodia Cambodia
Pen Pichsaly : Reserve Cambodia Cambodia
Katinka Lahuis : Reserve Netherlands Netherlands

Other Organs of the ECCC

Prosecutors

Investigating Judges

Office of Administration

Defence Support Section The Defence Support Section is responsible for providing indigent accused with a list of lawyers who can defend them, and for providing legal and administrative support to lawyers assigned to represent individual defendants. The DSS also acts as a voice for the defence at outreach events and in the media, and is responsible for organizing the court's legacy program.[4]

The ECCC Legacy program is designed to increase understanding of the criminal trial process and the right to a fair trial within Cambodia. The program provides an opportunity for Cambodian legal students and lawyers to gain experience practicing international law in the hopes that the court will lead to a lasting improvement in the Cambodian legal system.[5]

Victims Support Section

Indictees

The Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea establishes the crimes over which the Court has jurisdiction. Presently it has jurisdiction over certain crimes that violate the 1956 Penal Code of Cambodia, crimes under the Convention on the Prevention and Punishment of the Crime of Genocide, general crimes against humanity, crimes under the Geneva Conventions (war crimes), crimes under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, and crimes under the Vienna Convention on Diplomatic Relations.[6] If found guilty, criminals may be sentenced to prison or have their property confiscated. The Court, as with all other tribunals established by the United Nations, does not have the power to impose the death penalty. Thus far, five people have been indicted by the Court for genocide, crimes against humanity and/or war crimes. Only one has been convicted and is now appealing his sentence; the case against the other four is currently in the pre-trial stage.

Overview

Extraordinary Chambers in the Courts of Cambodia

Name Indicted CCL
 G
 CAH
 WC
 DCP
 CAD
 Transferred
to the ECCC 		Current status Indictment
Kang Kek Iew 31 July 2007 — — 8 5 — — 31 July 2007 Appealing sentence of 35 years' imprisonment[7] [8]
Nuon Chea 15 September 2010 — 2 12 6 — — 19 September 2007 Case in pre-trial stage [9]
Khieu Samphan 15 September 2010 — 2 12 6 — — 19 November 2007 Case in pre-trial stage [9]
Ieng Sary 15 September 2010 — 2 12 6 — — 12 November 2007 Case in pre-trial stage [9]
Ieng Thirith 15 September 2010 — 1 10 6 — — 12 November 2007 Case in pre-trial stage [9]

Kaing Guek Eav

On 31 July 2007, the Tribunal indicted the first suspect: Kang Kek Iew. After the death of Ta Mok (The Butcher) while in custody in July 2006, Kang Kek Iew (also seen as Kaing Guek Eav) remained the only member of the regime imprisoned and awaiting trial. He used to be the governor of the Tuol Sleng prison, a centre of torture. In the late 1970s, an estimated 16,000 people were tortured there, of whom only seven or ten are known to have survived. Kang Kek Iew, who converted to Christianity, admitted guilt, but contends that everything he did was by order of others.[10] On 26 July 2010, he was convicted of crimes against humanity, murder, and torture for his role in the Cambodian Holocaust and sentenced to 35 years' imprisonment.

Nuon Chea

On 19 September 2007, Nuon Chea, the chief political ideologist of the Khmer Rouge and right-hand man of Pol Pot, was arrested and put in the custody of the Tribunal. He was brought to Phnom Penh and charged with war crimes and crimes against humanity.[11]

The second of five central figures recommended for trial, Nuong Chea is the highest ranking official to be detained. Although he is quoted in a September 2007 Associated Press interview as being ready to face the tribunal, he has consistently denied any wrongdoing. "I was president of the National Assembly and had nothing to do with the operation of the government," he said in the interview. "Sometimes I didn't know what they were doing because I was in the assembly." At 82 years old, he may never live to see the trials which are finally scheduled to begin in early 2008.

Ieng Sary and Ieng Thirith

Two more arrests took place on 12 November 2007. Former Foreign Minister and Deputy Prime Minister Ieng Sary, and his wife, former Minister of Social Affairs Ieng Thirith, were taken from their home in Phnom Penh by police and by officials of the Tribunal. Both are charged with crimes against humanity, Ieng Sary with war crimes as well.

According to a filing by the prosecutors of 18 July 2007, of which The Associated Press obtained a copy, Ieng Sary, "promoted, instigated, facilitated, encouraged and/or condoned the perpetration of the crimes" when the Khmer Rouge held power. His wife, Ieng Thirith, is believed to have participated in "planning, direction, coordination and ordering of widespread purges ... and unlawful killing or murder of staff members from within the Ministry of Social Affairs".[12]

Khieu Samphan

Former Head of State Khieu Samphan was arrested on 19 November 2007 in Phnom Penh, when he left the hospital where he had been treated for a stroke he reportedly suffered on 13 November 2007.[13] He was charged with crimes against humanity and war crimes. Presumably this arrest means that all five suspects listed for indictment by the prosecutors on 19 July 2007 are now indicted and in detention.

Hearings

On 4 February 2008, the tribunal held its first hearing. Webcasts of these hearings and copies of legal documents filed by the parties and the tribunal can be viewed online at the Cambodia Tribunal Monitor website.[14]

See also

References

  1. ^ "A/RES/57/228B" (PDF). 2003-05-022. Retrieved 2010-12-11. {{cite web}}: Check date values in: |date= (help)
  2. ^ "Judges sworn in for Khmer Rouge". BBC News. 3 July 2006.
  3. ^ "Office of the Co-Investigating Judges". Retrieved 13 June 2011.
  4. ^ http://www.eccc.gov.kh/en/dss/defence-support-section-dss. {{cite web}}: Missing or empty |title= (help)
  5. ^ http://www.eccc.gov.kh/en/dss/legacy. {{cite web}}: Missing or empty |title= (help)
  6. ^ "NS/RKM/1004/006: Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea" (PDF). Extraordinary Chambers in the Courts of Cambodia. 27 October 2004. Retrieved 13 May 2011.
  7. ^ "001/18-07-2007/ECCC/TC: Judgment in Case 001" (PDF). Extraordinary Chambers in the Courts of Cambodia. 31 July 2010. Retrieved 13 May 2011.
  8. ^ "002/14-08-2006: Closing order indicting Kaing Guek Eav alias Duch" (PDF). Extraordinary Chambers in the Courts of Cambodia. 8 August 2008. Retrieved 13 May 2011.
  9. ^ a b c d "002/19-09-2007: Closing order" (PDF). Extraordinary Chambers in the Courts of Cambodia. 15 September 2010. Retrieved 13 May 2011.
  10. ^ "Babies smashed against trees in Duch's killing field – ABC News (Australian Broadcasting Corporation)". Abc.net.au. 8 June 2009. Retrieved 27 July 2010.
  11. ^ "Senior Khmer Rouge leader charged", BBC News, 19 September 2007
  12. ^ Police enter home of Khmer Rouge ex-foreign minister The China Post, 12 November 2007,
  13. ^ "Ex-Khmer Rouge Head of State Arrested", The Associated Press, 19 November 2007
  14. ^ Saliba, Michael (23 July 2010). "Cambodia Tribunal Monitor". Cambodiatribunal.org. Retrieved 27 July 2010.

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