Extraordinary Chambers in the Courts of Cambodia
Encyclopedia
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
.
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.
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.
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
Trial Chamber
Pre-Trial Chamber
Andrew T. Cayley Chea Leang Anees Ahmed
Investigating Judges
Siegfried Blunk You Bun Leng
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.
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.
Victims Support Section
, general crimes against humanity
, crimes under the Geneva Conventions
(war crime
s), 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
. 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.
, CAH the number of counts of crimes against humanity
, WC the number of counts of war crime
s, 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.
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. 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.
, 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.
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).
, 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).
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". Ieng Thirith is represented by Defence lawyers Phat Pouv Seang (Cambodia) and Diana Ellis (UK). 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. Prosecutors have appealed against Thirith's release.
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. 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).
Similar allegations of political pressure have been alleged in case 004. Case 004 involves former mid-level Khmer Rouge commanders Im Chaem, Ta Ann and Ta Tith. 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. 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, further speculating political pressure would come to drop charges if these three were ever tried together.
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
and the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
to try senior members of the Khmer Rouge
Khmer Rouge
The Khmer Rouge literally translated as Red Cambodians was the name given to the followers of the Communist Party of Kampuchea, who were the ruling party in Cambodia from 1975 to 1979, led by Pol Pot, Nuon Chea, Ieng Sary, Son Sen and Khieu Samphan...
for serious violations of Cambodian penal law, international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
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
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
.
Origin
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. 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
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, 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
Royal Cambodian Armed Forces
The Royal Cambodian Armed Forces are the national military forces of Cambodia. The Commander-in-Chief is HM King Norodom Sihamoni, and consists of the Army, Navy, Air Force and Special Forces....
(RCAF) High Command
High command
The phrase High command may refer to:* Command * Chain of command* Commander-in-Chief* Defence minister* Oberkommando der Wehrmacht, the WWII command structure popularly known as "German High Command"Compare:* Staff...
headquarters
Headquarters
Headquarters denotes the location where most, if not all, of the important functions of an organization are coordinated. In the United States, the corporate headquarters represents the entity at the center or the top of a corporation taking full responsibility managing all business activities...
in Kandal
Kandal Province
Kandal is a province of Cambodia. Its capital is Ta Khmao town . The province completely surrounds, but does not include, the national capital Phnom Penh...
province just on the outskirts of Phnom Penh
Phnom Penh
Phnom Penh is the capital and largest city of Cambodia. Located on the banks of the Mekong River, Phnom Penh has been the national capital since the French colonized Cambodia, and has grown to become the nation's center of economic and industrial activities, as well as the center of security,...
. In March 2006, the Secretary-General of the United Nations, Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
, nominated seven judges for a trial of the Khmer Rouge leaders.
In May 2006, Justice Minister
Justice Minister
A justice ministry is a ministry or other government agency charged with justice. The ministry is often headed by a minister for justice or secretary of justice or secretary for justice; sometimes the head of a department of justice is entitled attorney general.Specific duties may relate to...
Ang Vong Vathana announced that Cambodia's highest judicial body approved 30 Cambodian and United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
judges to preside over the long-awaited genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
tribunal for surviving Khmer Rouge leaders. The judges were sworn in early July 2006.
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.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 |  JapanJapan Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south... |
| Chandra Nihal Jayasinghe |  Sri LankaSri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the... |
| Agnieszka Klonowiecka-Milart |  PolandPoland Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north... |
| Kong Srim |  CambodiaCambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Som Sereyvuth | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Sin Rith | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Ya Narin | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Florence Mumba : Reserve |  ZambiaZambia Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west.... |
| Mong Monichariya : Reserve | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
Trial Chamber
| Name | Country of Origin |
|---|---|
| Silvia Cartwright Silvia Cartwright Dame Silvia Rose Cartwright, PCNZM, DBE, QSO, DStJ was the 18th Governor-General of New Zealand.She is a graduate of the University of Otago, where she gained her LL.B degree in 1967, and a former student at Otago Girls' High School.- Public life and family :In 1989, she became the first female... |
 New ZealandNew Zealand New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga... |
| Jean-Marc Lavergne |  FranceFrance The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France... |
| Nil Nonn | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Thou Mony | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Ya Sokhan | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Claudia Fenz : Reserve |  AustriaAustria Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the... |
| You Ottara : Reserve | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
Pre-Trial Chamber
| Name | Country of Origin |
|---|---|
| Rowan Downing Rowan Downing Rowan Downing QC is an Australian lawyer. , he is a member of the international judiciary of the Extraordinary Chambers in the Courts of Cambodia.-References:... |
 AustraliaAustralia Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area... |
| Chang-ho CHUNG | Korea Republic |
| Prak Kimsan | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Hout Vuthy | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Ney Thol | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Pen Pichsaly : Reserve | Cambodia Cambodia Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia... |
| Katinka Lahuis : Reserve |  NetherlandsNetherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... |
Other Organs of the ECCC
ProsecutorsAndrew T. Cayley Chea Leang Anees Ahmed
Anees Ahmed
Anees Ahmed is the United Nations appointed Senior Assistant Prosecutor ofthe Khmer Rouge Tribunal based in Phnom Penh, Cambodia. He is part of...
Investigating Judges
Siegfried Blunk You Bun Leng
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.
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.
Victims Support Section
Jurisdiction and Applicable Law
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 GenocideConvention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
, general crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
, crimes under the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
(war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s), crimes under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict
The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict is an international treaty that requires its signatories to protect cultural property in war. It was signed at The Hague, Netherlands, on May 14, 1954, and entered into force August 7, 1956...
, and crimes under the Vienna Convention on Diplomatic Relations
Vienna Convention on Diplomatic Relations
The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or...
. 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
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. 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
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 genocideGenocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, CAH the number of counts of crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
, WC the number of counts of war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, 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 | Transferred to the ECCC |
Current status | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Kang Kek Iew | — | — | 8 | 5 | — | — | Appealing sentence of 35 years' imprisonment | |||
| Nuon Chea Nuon Chea Nuon Chea , also known as Long Bunruot , is a Cambodian former communist politician and former chief ideologist of Khmer Rouge. He was commonly known as "Brother Number Two" second in command to Pol Pot who was leader during the Cambodian Genocide 1975-1979... |
3 | 2 | 12 | 6 | — | — | Trial began on | |||
| Khieu Samphan Khieu Samphan Khieu Samphan was the president of the state presidium of Democratic Kampuchea from 1976 until 1979. As such, he served as Cambodia's head of state and was one of the most powerful officials in the Khmer Rouge movement, though Pol Pot was the group's true political leader and held the most... |
3 | 2 | 12 | 6 | — | — | Trial began on | |||
| Ieng Sary Ieng Sary Ieng Sary was a powerful figure in the Khmer Rouge. He was the Deputy Prime Minister and Foreign Minister of Democratic Kampuchea from 1975 to 1979 and held several senior positions in the Khmer Rouge until his defection to the government in 1996.... |
3 | 2 | 12 | 6 | — | — | Trial began on | |||
| Ieng Thirith Ieng Thirith Ieng Thirith was an influential figure in the Khmer Rouge, but was neither a member of the Khmer Rouge Standing Committee nor of the Central Committee. Her original name is Khieu Thirith... |
3 | 1 | 10 | 6 | — | — | Ruled medically unfit to stand trial on (pending appeal) |
Kang Kek Iew
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. 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.
Nuon Chea
On 19 September 2007, Nuon CheaNuon Chea
Nuon Chea , also known as Long Bunruot , is a Cambodian former communist politician and former chief ideologist of Khmer Rouge. He was commonly known as "Brother Number Two" second in command to Pol Pot who was leader during the Cambodian Genocide 1975-1979...
, alleged to be the chief political ideologist of the Khmer Rouge and right-hand man of Pol Pot
Pol Pot
Saloth Sar , better known as Pol Pot, , was a Cambodian Maoist revolutionary who led the Khmer Rouge from 1963 until his death in 1998. From 1976 to 1979, he served as the Prime Minister of Democratic Kampuchea....
, 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.
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
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
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).
Ieng Sary and Ieng Thirith
Two more arrests took place on 12 November 2007. Former Foreign Minister and Deputy Prime Minister Ieng SaryIeng Sary
Ieng Sary was a powerful figure in the Khmer Rouge. He was the Deputy Prime Minister and Foreign Minister of Democratic Kampuchea from 1975 to 1979 and held several senior positions in the Khmer Rouge until his defection to the government in 1996....
, and his wife, former Minister of Social Affairs Ieng Thirith
Ieng Thirith
Ieng Thirith was an influential figure in the Khmer Rouge, but was neither a member of the Khmer Rouge Standing Committee nor of the Central Committee. Her original name is Khieu 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).
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". Ieng Thirith is represented by Defence lawyers Phat Pouv Seang (Cambodia) and Diana Ellis (UK). 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. Prosecutors have appealed against Thirith's release.
Khieu Samphan
Former Head of State Khieu SamphanKhieu Samphan
Khieu Samphan was the president of the state presidium of Democratic Kampuchea from 1976 until 1979. As such, he served as Cambodia's head of state and was one of the most powerful officials in the Khmer Rouge movement, though Pol Pot was the group's true political leader and held the most...
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. 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).
Controversy Surrounding Cases 003 & 004
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. 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. 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.Similar allegations of political pressure have been alleged in case 004. Case 004 involves former mid-level Khmer Rouge commanders Im Chaem, Ta Ann and Ta Tith. 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. 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, further speculating political pressure would come to drop charges if these three were ever tried together.
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
- Khmer Rouge Tribunal Updates from Genocide WatchGenocide WatchGenocide Watch is an international organization based in the United States which attempts to predict, prevent, limit, eliminate, and punish genocide throughout the world through reporting, public awareness campaigns, and judicial or quasi-judicial follow-up...
- The Cambodian Genocide Project
- General ECCC Watch/ECCC Reparations Process Watch
- Flickr photostream of the Extraordinary Chambers in the Courts of Cambodia
- "Justice Denied" by Douglas Gillison, Foreign Policy, November 23, 2011