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 1979. This includes crimes against humanity, war crimes and genocide.
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In 1997, Cambodia's two Co-Prime Ministers 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] At that time a total of four trials were envisioned, which would focus exclusively on crimes committed by the most senior Khmer Rouge officials during the period of Khmer Rouge rule of 1975-1979.
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.
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 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 |
| Florence Mumba : Reserve | Zambia |
| 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 |
| Chang-ho CHUNG | Korea Republic |
| Prak Kimsan | Cambodia |
| Hout Vuthy | Cambodia |
| Ney Thol | Cambodia |
| Pen Pichsaly : Reserve | Cambodia |
| Katinka Lahuis : Reserve | Netherlands |
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
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.
The list below details the counts against each individual indicted in the Court and his or her current status. The column titled CCL lists the number of counts (if any) of crimes under Cambodian law with which an individual has been charged. G the number of counts of the crime of genocide, CAH the number of counts of crimes against humanity, WC the number of counts of war crimes, DCP the number of counts of destruction of cultural property, and CAD the number of crimes against diplomats. Note that these are the counts with which an individual was indicted, not convicted.
| Name | Indicted | CCL |
G |
CAH |
WC |
DCP |
CAD |
Transferred to the ECCC |
Current status | Ind. |
|---|---|---|---|---|---|---|---|---|---|---|
| Kang Kek Iew | 31 July 2007 | — | — | 8 | 5 | — | — | 31 July 2007 | Appealing sentence of 35 years' imprisonment[7] | [8] |
| Nuon Chea | 15 September 2010 | 3 | 2 | 12 | 6 | — | — | 19 September 2007 | Trial began on 27 June 2011[9] | [10] |
| Khieu Samphan | 15 September 2010 | 3 | 2 | 12 | 6 | — | — | 19 November 2007 | Trial began on 27 June 2011[9] | [10] |
| Ieng Sary | 15 September 2010 | 3 | 2 | 12 | 6 | — | — | 12 November 2007 | Trial began on 27 June 2011[9] | [10] |
| Ieng Thirith | 15 September 2010 | 3 | 1 | 10 | 6 | — | — | 12 November 2007 | Proceedings suspended pending health evaluation[11] | [10] |
On 31 July 2007, the Tribunal indicted the first suspect: Kang Kek Iew (also known as Kaing Guek Eav, or under his alias "Duch"). Kang Kek Iew was the commander of the Tuol Sleng prison, a former school converted into an interrogation and torture center. 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 had converted to Christianity and become a minister, admitted his involvement, but contended that everything he did was ordered by others.[12] On 26 July 2010, he was convicted of crimes against humanity, murder, and torture for his role in the Khmer Rouge and sentenced to 35 years imprisonment. He was represented at trial by Cambodian defence lawyers Kar Savuth and Kang Ritheary.[13]
On 19 September 2007, Nuon Chea, alleged to be 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.[14]
The second of five central figures recommended for trial, Nuon 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." Nuon Chea is represented by Defence lawyers Son Arun (Cambodia), Michael Pestman (Netherlands), and Victor Koppe (Netherlands).[15]
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. Ieng Sary is represented by Defence lawyers Ang Udom (Cambodia) & Michael G. Karnavas (USA).[16]
Ieng Sary's 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".[17] Ieng Thirith is represented by Defence lawyers Phat Pouv Seang (Cambodia) and Diana Ellis (UK).[18] On November 17, 2011, Thirith was ruled mentally unfit to stand trial, due to her severe case of Alzheimer's Disease, and was ordered to be released.[19] Prosecutors have appealed against Thirith's release.[20] On December 13, 2011, appeals judges reversed the ruling to release Thirith and ordered new medical exams to see if she how mentally unfit she was to stand trial.[21]
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 suffered on 13 November 2007.[22] He was charged with crimes against humanity and war crimes. Khieu Samphan is represented by defence lawyers Sa Sovan (Cambodia), Jacques Vergès (France), and Phillipe Gréciano (Austria).[23]
In June 2011 the court experienced significant public controversy following the release of a public statement by International Co-Prosecutor Andrew Cayley criticising the Co-Investigating Judges for closing their investigation of Case 003 prematurely, including an accusation that the Judges were attempting to "bury" the case.[24] The defendents charged in Case 003 are Meas Muth and Sou Met, two Khmer Rouge army commanders who allegedly oversaw the arrests and transportation of prisoners to the SG-21 prison.[25] This statement followed international concerns that the court might succumb to government pressures not to indict additional defendants. Co-Investigating Judge Siegfried Blunk criticised Cayley's statement as a violation of the court's internal confidentiality rules.[26]
Similar allegations of political pressure have been alleged in case 004.[27] Case 004 involves former mid-level Khmer Rouge commanders Im Chaem, Ta Ann and Ta Tith.[27] Chaem ran a forced labor camp involving a massive irrigation project in Preah Net Preah and Ta Ann and Ta Tith were two deputies who oversaw massacres in the camp.[27] Since then, Ta Tith has become a wealthy businessman in Cambodia and Im Chaem has become a commune chief in Cambodia's Anlong Veng District,[27] further speculating political pressure would come to drop charges if these three were ever tried together.[27]