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ECCC, Case 002/01, Issue 52
KRT TRIAL MONITOR Case 002 ■ Issue No. 52 ■ Hearing on Evidence Week 47 ■ 5 and 7 February2013 Case of Nuon Chea, Khieu Samphan and Ieng Sary Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center * And if you, the Accused, are willing to conduct your self-criticism, you would clearly see the undeniable result through invaluable and countless evidence… And that is the mass crimes committed by the revolutionary Angkar.1 - Civil Party Pin Yathay I. OVERVIEW This week the Court held only two days of hearing due to the health status of Nuon Chea. The Chamber announced that the Accused, who had been released from Khmer-Soviet Friendship Hospital the previous Thursday, had to be readmitted the following Saturday. Therefore, this week’s proceedings only addressed issues that did not pertain to his case, or certain specific topics for which he had waived his right to attend, namely the continuation of document presentation on Khieu Samphan’s role in the DK regime2 and the hearing of Civil Party Pin Yathay’s testimony. The documents presented on Tuesday shed further light on the ideological leaning of Khieu Samphan, his involvement in CPK’s Standing Committee, and the degree of his role in and knowledge of the disastrous agricultural policies of the regime, the purging, and the massacres. On Thursday, Pin Yathay took the stand and testified on his experience throughout the first and second wave of evacuation during the Democratic Kampuchea period before he absconded to Thailand in 1977. II. SUMMARY OF CIVIL PARTY TESTIMONY Pin Yathay was born in 9 March 1944. -
Ggácmnmucrmhvisambaøkñú
01065520 E1/259.1 ŪĮйŬď₧şŪ˝˝ņįО ď ďijЊ ⅜₤Ĝ ŪĮйņΉ˝℮Ūij GgÁCMnMuCRmHvisamBaØkñúgtulakarkm <úCa Kingdom of Cambodia Nation Religion King Extraordinary Chambers in the Courts of Cambodia Royaume du Cambodge Chambres Extraordinaires au sein des Tribunaux Cambodgiens Nation Religion Roi Β₣ðĄеĕНеĄŪņй⅜ŵřеĠР₣ Trial Chamber Chambre de première instance TRANSCRIPT OF TRIAL PROCEEDINGS PUBLIC Case File Nº 002/19-09-2007-ECCC/TC 9 February 2015 Trial Day 240 Before the Judges: NIL Nonn, Presiding The Accused: NUON Chea YA Sokhan KHIEU Samphan Claudia FENZ Jean-Marc LAVERGNE YOU Ottara Lawyers for the Accused: Martin KAROPKIN (Reserve) Victor KOPPE THOU Mony (Reserve) SUON Visal KONG Sam Onn Anta GUISSÉ Trial Chamber Greffiers/Legal Officers: SE Kolvuthy Roger PHILLIPS Lawyers for the Civil Parties: Marie GUIRAUD LOR Chunthy For the Office of the Co-Prosecutors: VEN Pov Nicolas KOUMJIAN SENG Leang Dale LYSAK For Court Management Section: UCH Arun SOUR Sotheavy 01065521 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 I N D E X MS. ELIZABETH BECKER (2-TCE-97) Questioning by the President .......................................................................................................... page 3 Questioning by Judge Lavergne ................................................................................................... page 10 Questioning by Mr. Seng Leang ................................................................................................... page 66 Questioning by Mr. Koumjian ........................................................................................................ page 82 Page i 01065522 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 List of Speakers: Language used unless specified otherwise in the transcript Speaker Language MS. BECKER (2-TCE-97) English MR. -
Prosecuting the Khmer Rouge Views from the Inside
Prosecuting the Khmer Rouge Views from the Inside Content 1 Introduction Ratana Ly 2 Historical Background 3 The ECCC 4 The Different Actor Groups and their Relations to the ECCC 5 Patterns, Dynamics, Drivers of Acceptance and Rejection of the ECCC 6 Conclusion Prosecuting the Khmer Rouge: Views from the Inside Prosecuting the Khmer Rouge: Views from the Inside Ratana Ly1 ‘Justice, peace and democracy are not mutually exclusive objectives, but rather mutually reinforcing imperatives’ (United Nations Secretary General 2004). 1. Introduction Out of Cambodia’s total population of approximately 7 to 8 million, it is estimated that 1.5 to 2 million died of starvation, disease, and execution during the reign of the Democratic Kampuchea (DK) regime, which lasted from 17 April 1975 to 6 January 1979 (Kiernan 1996, 456-460). Following the fall of the DK (also known as the Khmer Rouge Regime), ‘a truth commission, lustration policies, amnesty programmes, and domestic or international trials were all considered or attempted’ to provide justice and peace for Cambodians (Ciorciari and Heindel 2014, 14). Out of these responses, the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid court established jointly by Cambodia and the United Nations (UN) is the only internationally recognised judicial mechanism established to address Khmer Rouge crimes.2 The ECCC is, however, the product of a political compromise, resulting from protracted negotiations between the Cambodian government and the UN, whose relationship was characterised by ‘bitter -
The Khmer Rouge Practice of Thought Reform in Cambodia, 1975–1978
Journal of Political Ideologies ISSN: 1356-9317 (Print) 1469-9613 (Online) Journal homepage: http://www.tandfonline.com/loi/cjpi20 Converts, not ideologues? The Khmer Rouge practice of thought reform in Cambodia, 1975–1978 Kosal Path & Angeliki Kanavou To cite this article: Kosal Path & Angeliki Kanavou (2015) Converts, not ideologues? The Khmer Rouge practice of thought reform in Cambodia, 1975–1978, Journal of Political Ideologies, 20:3, 304-332, DOI: 10.1080/13569317.2015.1075266 To link to this article: http://dx.doi.org/10.1080/13569317.2015.1075266 Published online: 25 Nov 2015. Submit your article to this journal View related articles View Crossmark data Full Terms & Conditions of access and use can be found at http://www.tandfonline.com/action/journalInformation?journalCode=cjpi20 Download by: [24.229.103.45] Date: 26 November 2015, At: 10:12 Journal of Political Ideologies, 2015 Vol. 20, No. 3, 304–332, http://dx.doi.org/10.1080/13569317.2015.1075266 Converts, not ideologues? The Khmer Rouge practice of thought reform in Cambodia, 1975–1978 KOSAL PATH Brooklyn College, City University of New York, Brooklyn, NY 11210, USA ANGELIKI KANAVOU Interdisciplinary Center for the Scientific Study of Ethics & Morality, University of California, Irvine, CA 92697-5100, USA ABSTRACT While mistaken as zealot ideologues of Marxist ideals fused with Khmer rhetoric, the Khmer Rouge (KR) cadres’ collective profile better fits that of the convert subjected to intense thought reform. This research combines insights from the process and the context of thought reform informed by local cultural norms with the social type of the convert in a way that captures the KR phenome- non in both its general and particular dimensions. -
Justice for Genocide in Cambodia - the Case for the Prosecution
Genocide Studies and Prevention: An International Journal Volume 12 Issue 3 Justice and the Prevention of Genocide Article 7 12-2018 Justice for Genocide in Cambodia - The Case for the Prosecution William Smith Extraordinary Chambers of the Courts of Cambodia Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Smith, William (2018) "Justice for Genocide in Cambodia - The Case for the Prosecution," Genocide Studies and Prevention: An International Journal: Vol. 12: Iss. 3: 20-39. DOI: https://doi.org/10.5038/1911-9933.12.3.1658 Available at: https://scholarcommons.usf.edu/gsp/vol12/iss3/7 This Conference Proceeding is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Justice for Genocide in Cambodia - The Case for the Prosecution Acknowledgements This address was prepared with the assistance of Caroline Delava, Martin Hardy and Andreana Paz, legal interns in the Office of the Co-Prosecutor. The opinions in this address are those of the author solely and reflect the concepts and essence of the address delivered at the Conference. This conference proceeding is available in Genocide Studies and Prevention: An International Journal: https://scholarcommons.usf.edu/gsp/vol12/iss3/7 Justice for Genocide in Cambodia - The Case for the Prosecution William Smith Extraordinary Chambers of the Courts of Cambodia Phnom Penh, Cambodia The Importance of Contemporaneous Documents and Academic Activism* Figure 1. -
Rethinking Transitional Justice: Cambodia, Genocide, and a Victim-Centered Model Isabelle Chan Macalester College, [email protected]
Macalester College DigitalCommons@Macalester College International Studies Honors Projects International Studies Department 5-1-2006 Rethinking Transitional Justice: Cambodia, Genocide, and a Victim-Centered Model Isabelle Chan Macalester College, [email protected] Follow this and additional works at: http://digitalcommons.macalester.edu/intlstudies_honors Part of the International and Area Studies Commons Recommended Citation Chan, Isabelle, "Rethinking Transitional Justice: Cambodia, Genocide, and a Victim-Centered Model" (2006). International Studies Honors Projects. Paper 3. http://digitalcommons.macalester.edu/intlstudies_honors/3 This Honors Project is brought to you for free and open access by the International Studies Department at DigitalCommons@Macalester College. It has been accepted for inclusion in International Studies Honors Projects by an authorized administrator of DigitalCommons@Macalester College. For more information, please contact [email protected]. Chapter One The Phenomenon “Cambodia was a satellite of imperialism, of U.S. imperialism in particular…the poor peasants were the most impoverished, the most oppressed class in Cambodian society, and it was this class that was the foundation of the Cambodian Party … Revolution or people’s war in any country is the business of the masses and should be carried out primarily by their own efforts: there is no other way … the Kampuchean Revolution must have [the option of] two forms of struggle: peaceful mea ns; and means that are not peaceful. We will do our utmost to grasp firmly peaceful struggle … however, [we] must be ready at all times to adopt non-peaceful means of struggle if the imperialists and feudalists … stubbornly insist on forcing us to take th at road… in the past we held our destiny in our own hands, and then we allowed others to resolve it in our place. -
Malcolm Caldwell: Pol Pot’S Apologist
Malcolm Caldwell: Pol Pot’s Apologist Michael Ezra I Malcolm Caldwell, Scottish Marxist academic at the School of Oriental and African Studies, University of London (SOAS) was born in 1931. A lifelong man of the left, he had been the Chairman of the Campaign for Nuclear Disarmament and a long-term member of the Labour Party [1] – even standing as a Labour candidate in the 1977 local elections in Bexley, Kent. [2] He had also been selected by Bertrand Russell to be on the founding board of a radical monthly magazine The Spokesman that was supported by the Russell Foundation. [3] He was known to make some absurd and preposterous prophecies, claiming that by the 1990s there would be no oil left in the world [4] and that by the mid-1980s, Scotland would be independent of England. [5] But Caldwell was most in his element when writing about ‘the demonstrated strengths of the communist system.’ [6] With a persuasive ability, he helped to transform at least one person’s ‘anti-authoritarianism – and love of ordinary people – into a fierce and angry communism.’ [7] Whilst he ultimately became known for his support for the Communist regime in Cambodia, [8] Pol Pot was not the only despotic dictator to garner his approval. Kim Il-Sung’s North Korea, Caldwell believed, was ‘an astonishing tribute not only to the energy, initiative and creativeness of the Korean people, but also to the essential correctness of the Juche line.’ No non-’free world’ country that he had visited (including China) had ‘impressed’ him more ‘in terms of its all-round economic achievements.’ [9] On a report of a trip he made to North Korea, his astute political analysis included the observation that ‘the female military uniform is quite attractive: fitted tunic and pleated skirt.’ [10] Caldwell had gone further than vocal critics against the war in Vietnam; he wanted North Vietnam to win. -
Khmer Rouge: Evolution of the Academic Debate
Khmer Rouge: Evolution of the Academic Debate A Senior Project presented to the Faculty of the History Department California Polytechnic State University, San Luis Obispo In Partial Fulfillment of the Requirements for the Degree Bachelor of Arts By Breanna Atwood March, 2010 © 2010 Breanna Atwood KHMER ROUGE: EVOLUTION OF THE ACADEMIC DEBATE On April 7, 1975, Khmer Rouge revolutionary forces invaded and took control of the capital city of Phnom Penh, Cambodia. The Khmer Rouge regime remained in power for the next four years, causing destruction, violence, torture, and death to devastate the citizens of Cambodia. Since the revolution, the intentions, motives, and appropriate process of justice regarding the actions of the Khmer Rouge have been the subject of contentious debate among academic scholars. This paper will evaluate the evolution of this debate over the last thirty years, considering how and why the views of various scholars have changed or remained the same and how these views have often conflicted with one another. I will argue that from 1975 to 2009, academic scholars have selected various types of evidence to reach different conclusions about the events of the Khmer Rouge, primarily as a result of their own perceptions of the political situation of Indochina during this time, as well as their willingness to admit that the Khmer Rouge revolution was not improving the situation of Cambodia. On April 7, 1975, the Communist Party of Kampuchea (CPK), under the leadership of Pol Pot, took control of Cambodia’s capital city, Phnom Penh. Although many residents of Phnom Penh cheered, they were grossly unaware of the violence, torture, destruction and death that were to follow over the course of the next four years. -
KRT TRIAL MONITOR Case 002/02 ■ Issue No
KRT TRIAL MONITOR Case 002/02 ■ Issue No. 8 ■ Hearings on Evidence Week 5 ■ 9-12 February 2015 Case of Nuon Chea and Khieu Samphan Asian International Justice Initiative (AIJI), a project of East-West Center and the WSD Handa Center for Human Rights and International Justice at Stanford University (previously known as the UC Berkeley War Crimes Studies Center) What made my stomach drop was what I didn’t see. I kept thinking I’d turn a corner and I’d see real life. You know, I’d run into some kids playing a game, or some women, you know, talking, or maybe, you know, anything that resembled, you know – Cambodians are, as you know, lively people. There was nothing. That’s what started to make me pause. That, no matter where I went, it was empty, regimented. - Expert Witness Elizabeth Becker1 I. OVERVIEW Case 002/02 proceeded beyond the confines of the first trial segment on Tram Kak District cooperatives and Kraing Ta Chan Security Center this week as the Trial Chamber heard the testimony of the case’s first Expert Witness, Elizabeth Becker. The Expert testified for three days on the geopolitical context for the rise and fall of Democratic Kampuchea, the country’s tensions with Vietnam, the internal purges of cadre and officials across the Zones, and her own visit to DK in December 1978. The testimony dealt with major themes relevant to the Prosecution’s cases, victims’ experiences, and key Defense arguments raised by the Co- Accused, so it often became contentious. Parties raised many procedural issues this week concerning phrasing of questions, the selective appearance of Nuon Chea in the trial, and the scope of Case 002/02. -
When Justice Is Delayed Elizabeth Becker March 13, 2009
When justice is delayed Elizabeth Becker March 13, 2009 The United Nations seems paralyzed over what to do about the indictment of Sudan’s President Omar Hassan al-Bashir on charges of war crimes by the International Criminal Court. There are warnings of humanitarian crises and dire consequences for Darfur. History suggests, however, that postponing justice could be even worse. A case in point is Cambodia, where Khmer Rouge leaders are finally being tried 30 years after they were overthrown. (That is the equivalent of waiting until 1975 to try the Nazis.) Cambodia is the classic example of what happens when the international community puts off the hard work of justice in the name of realpolitik. Trials for Pol Pot and other Khmer Rouge leaders were delayed for all the reasons that are being used today for Sudan. A trial would be impractical while war was still raging; a trial would disrupt the peace process; a trial would upset a hard-won equilibrium and reopen old wounds. Pol Pot and his comrades were among the worst monsters of the 20th century. But they knew how to work the system, especially in defeat. First, there was no trial in 1979 because a Soviet ally, Vietnam, overthrew the Khmer Rouge. So instead of imprisoning Pol Pot, the United States, China, Western Europe and Southeast Asia got together and underwrote a guerilla coalition, including the Khmer Rouge, to fight Vietnam. That allowed the Khmer Rouge even to retain Cambodia’s seat at United Nations. In 1992, a UN peacekeeping operation, UNTAC, arrived to separate the warring parties and hold elections. -
Supplement || Elizabeth Becker, Pol Pot Remembered
Supplement || Elizabeth Becker, Pol Pot Remembered. Source BBC's Radio 4 'From Our Own Correspondent', April 20, 1998 Pol Pot: "Ranting and raving ... always in the quietest of tones" Elizabeth Becker of the New York Times, author of 'When the War is Over', is one of the few westerners ever to have met Pol Pot. She sent this personal report to the BBC's 'From Our Own Correspondent': It has been 18 years since I met him at the height of his power and even though my interview lasted little more than a few hours, it was long enough to give me a touchstone that I have used ever since, to help me figure out what Pol Pot may be up to, how and why he could evade and bully his way out of one trap after another, and whether the belated efforts to capture him might work. It was 22 December 1978, a cool sunny afternoon in Phnom Penh, the last day of a unique two week trip to Democratic Kampuchea. The Khmer Rouge had only invited select communist journalists to their country before my trip and - with the exception of the film produced by a gifted Yugoslav television crew - little had been revealed by those communists. I was accompanied by another American journalist and a British academic, Malcolm Caldwell. We travelled in a bubble We had travelled throughout the country, heavily guarded and under near house arrest. I had lived in Cambodia for several years, covering the war, and although the terrain was achingly familiar - the sugar palms, the tough bright green of the rice paddies, and the vast flat skies - the people themselves had seemed alien on this trip. -
A Bibliography
CAMBODIAN RESILIENCY A BIBLIOGRAPHY Compiled by Sheldon Hurst John McDermott. Temple Lions and Clouds, Pre Rup, 2008 ARTREACH GALLERY at First Congregational UCC 1126 Park Avenue, Portland, OR 97205 WWW.UCCPORTLAND.ORG/ARTREACH THE LIBRARIAN by Willa Schneberg He cannot stop thinking about Pol Pot’s cadre living inside the French antebellum yellow building of the National Library in Phnom Penh, where book corpses shared the grounds with pigs and human swine wrenched books off shelves, yanked out pages of palm and mulberry leaves to light fires or roll their own smokes. He knows there are more books in his small branch library in Brooklyn than in all of Cambodia in 1977. He dutifully dusts the dust jackets of all the books, but they do not mind and snap to attention when he claps his hands. He cannot make the Cliff Notes patrons disappear, nor stop the library from subscribing to Reader’s Digest, so he must on his own time edit out the histories of horrors pummeled into paragraphs. At least on the pages that his palms caress bombs will become bowling balls. If only he could polish each phrase, thaw every frozen syllable, wouldn’t the healing begin? Doesn’t ink soak up blood? SOURCE Willa Schneberg. Storytelling in Cambodia. Corvallis, OR: CALYX Books, 2006. Printed with permission of the poet. BIBLIOGRAPHY BY THEMES RELIGION AND MYTH IN CAMBODIA William Buck, retold. Mahabharata. Berkeley: University of California Press, 1973. William Buck, retold. Ramayana. Berkeley: University of California Press, 1977. Buddhist Ceremony at Angkor Wat. Newsreel, Pathe, 1923. Philip Coggan.