Extraordinary Chambers in the Courts of Cambodia
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The Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea, commonly known as Cambodia 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 1979. This includes crimes against humanity, war crimes and genocide.
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Origin
In 1997, 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 2006.1
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.
Composition
Under the agreement between Cambodia and the UN, the tribunal is to be composed of both local and international judges.
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 judges have 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 |
| Chandra Nihal Jayasinghe |  Sri Lanka |
| Agnieszka Klonowiecka-Milart |  Poland |
| Kong Srim |  Cambodia |
| Som Sereyvuth | Cambodia |
| Sin Rith | Cambodia |
| Ya Narin | Cambodia |
| Martin Karopkin : Reserve |  USA |
| Mong Monichariya : Reserve | Cambodia |
Trial Chamber
| Name | Country of Origin |
|---|---|
| Silvia Cartwright |  New Zealand |
| Jean-Marc Lavergne |  France |
| Nil Nonn | Cambodia |
| Thou Mony | Cambodia |
| Ya Sokhan | Cambodia |
| Claudia Fenz : Reserve |  Austria |
| You Ottara : Reserve | Cambodia |
Pre-Trial Chamber
| Name | Country of Origin |
|---|---|
| Rowan Downing |  Australia |
| Catherine Marchi Uhel | France |
| Prak Kimsan | Cambodia |
| Hout Vuthy | Cambodia |
| Ney Thol | Cambodia |
| Pen Pichsaly : Reserve | Cambodia |
| Katinka Lahuis : Reserve |  Netherlands |
Prosecutors
Investigating Judges
Principal Defender
Richard Rogers
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 Cambodian, 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.2 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, only one person has been indicted by the Court for for crimes against humanity and war crimes. Additionally, four suspects have been detained by the Court pending an investigation of alleged crimes. Indictments for them are expected to be forthcoming.3
Overview
| 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' imprisonment4 | 5 |
| Nuon Chea | — | — | — | — | — | — | — | 19 September 2007 | In provisional detention awaiting indictment | — |
| Khieu Samphan | — | — | — | — | — | — | — | 19 November 2007 | In provisional detention awaiting indictment | — |
| Ieng Sary | — | — | — | — | — | — | — | 12 November 2007 | In provisional detention awaiting indictment | — |
| Ieng Thirith | — | — | — | — | — | — | — | 12 November 2007 | In provisional detention awaiting indictment | — |
Kang Kek Iew
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.6 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.7
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".8
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 2007.9 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.10
See also
References
- ^ "Judges sworn in for Khmer Rouge". BBC News. 2006-07-03. http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/5140032.stm.
- ^ "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. 2004-10-27. http://www.eccc.gov.kh/english/cabinet/law/4/KR_Law_as_amended_27_Oct_2004_Eng.pdf. Retrieved 2010-08-21.
- ^ "Co-Prosecutors request indictment of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith". Extraordinary Chambers in the Courts of Cambodia. 2010-08-16. http://www.eccc.gov.kh/english/news.view.aspx?doc_id=364. Retrieved 2010-08-21.
- ^ "001/18-07-2007/ECCC/TC: Judgment in Case 001" (PDF). Extraordinary Chambers in the Courts of Cambodia. 2010-07-31. http://www.eccc.gov.kh/english/cabinet/courtDoc/635/20100726_Judgement_Case_001_ENG_PUBLIC.pdf. Retrieved 2010-08-19.
- ^ "002/14-08-2006: Closing order indicting Kaing Guek Eav alias Duch" (PDF). Extraordinary Chambers in the Courts of Cambodia. 2008-08-08. http://www.cambodiatribunal.org/CTM/Closing_order_indicting_Kaing_Guek_Eav_ENG.pdf. Retrieved 2010-08-19.
- ^ "Babies smashed against trees in Duch's killing field – ABC News (Australian Broadcasting Corporation)". Abc.net.au. 2009-06-08. http://www.abc.net.au/news/stories/2009/06/08/2592458.htm. Retrieved 2010-07-27.
- ^ "Senior Khmer Rouge leader charged", BBC News, 19 September 2007
- ^ Police enter home of Khmer Rouge ex-foreign minister The China Post, 12 November 2007,
- ^ "Ex-Khmer Rouge Head of State Arrested", The Associated Press, 19 November 2007
- ^ Saliba, Michael (2010-07-23). "Cambodia Tribunal Monitor". Cambodiatribunal.org. http://www.cambodiatribunal.org/. Retrieved 2010-07-27.
External links
- The Extraordinary Chambers in the Courts of Cambodia- Official site
- United Nations Assistance to the Khmer Rouge Trials- Official site
- The Khmer Rouge Trial Task Force
- Cambodia Tribunal Monitor
- Tribunal News from the Cambodian Genocide Program in Yale University
- Khmer Rouge Tribunal Updates from Genocide Watch
- The Cambodian Genocide Project
- General ECCC Watch/ECCC Reparations Process Watch
- Flickr photostream of the Extraordinary Chambers in the Courts of Cambodia
