Brother Number One Answers to Study Guide: History & Social Studies brothernumberone.co.nz/historysocialstudies

Contents Page

1. Introduction to the online Study Guide and Answer booklet ……...... 4

2. The Curriculum Achievement Objectives for Social Studies...... 5

3. Introduction to the Film...... 6

4. Film Abstract………………………………………………………...... ………..…… 7

5. The ‘problem’ of Cambodian history...... ………………………………...... 8

6. The Origins and Reign of the (1975–1979)……………...... ….... 15

7. Extraordinary Chambers of the Court of (ECCC)………...... …...... 28

8. War crimes tribunals, past and present………………………………...... ……… 33

9. Problems with the ECCC...... ……………………………………...... 36

10. New Zealand/Cambodian relations...... …………...... ………….. 41

This icon indicates that a video clip is available to watch. All clips referred to in this guide are hosted on our Vimeo channel at: http://vimeo.com/channels/bnostudyguide2 (History and Social Studies)

3 Brother Number One

The questions in the online Guide and this Answer Booklet refer to STUDY GUIDE ANSWER BOOKLET the feature version of Brother Number One (99 mins) although there is overlap with the television version (44 mins). Schools may have History & Social Studies recorded the TV copy legally through Screenrights but we encourage viewers to buy the feature DVD if they are to benefit fully. Legal copies of the Answer Booklet are only available with the purchase of Information on the Study Guide and Answer the Educational version of the DVD. Booklet Students/teachers should watch the film in its entirety, then select questions from the online Guide. Clips from the film, and ‘out-takes’ The following Answer Booklet provides answers and discussion are embedded online providing examples. Teachers and students points written in response to the online Study Guide posted at: could select other examples from the feature should they chose. http://brothernumberone.co.nz/historysocialstudies. Rather than assigning the entire Guide, teachers are advised This Answer Booklet should be read in conjunction with the online to select certain questions as appropriate for their classes and Guide and offers sample answers to the questions posed within it. curriculum design. Most individual questions will lead to in-depth discussion and further links are provided where appropriate. There All clips referred to in this guide are hosted on our Vimeo channel at: is some repetition across the questions and answers according to http://vimeo.com/channels/bnostudyguide2 (History and Social their nature and their respective degrees of difficulty. There are also a Studies) series of extension questions within the Answer Booklet.

This Answer Booklet should be read in conjunction with the online THE MATERIAL IS FOR MATURE STUDENTS. Guide and offers sample answers to the questions posed within it. SOME IMAGES MAY BE UPSETTING. Although designed for the New Zealand secondary school Contact us: curriculum, this educational resource is suitable for a more general (and international) audience. [email protected]

4 The New Zealand Curriculum Level 8 Social Sciences Achievement Objectives for Social Students will gain knowledge, skills, and experience to: Studies Social Studies: Understand how policy changes are influenced by and impact on the The following activities are based on the Social Sciences Curriculum rights, roles, and responsibilities of individuals and communities. Achievement Objectives. They may provide a starting point for Social Understand how ideologies shape society and that individuals and Studies and History teachers wishing to design a unit based on the groups respond differently to these beliefs. film. History: Understand that the causes, consequences, and explanations of historical events that are of significance to New Zealanders are complex, and how and why they are contested. Level 7 Social Sciences Understand how trends over time reflect social, economic, and political forces. Students will gain knowledge, skills, and experience in:

Social Studies: Understand how communities and nations meet their responsibilities and exercise their rights in local, national, and global contexts. Understand how conflicts can arise from different cultural beliefs and ideas and be addressed in different ways with differing outcomes.

History: Understand how historical forces and movements have influenced the causes and consequences of events of significance to New Zealanders. Understand how people’s interpretations of events that are of significance to New Zealanders differ.

5 Introduction to the Film

BROTHER NUMBER ONE is a documentary film, which represents Moreover, because the film is told from the perspective of New a traumatic and devastating period in Cambodian history through the Zealander Rob Hamill, and centres upon the death of his older lens of personal loss and social memory. As a tool for teaching and brother Kerry in 1978, at the hands of the Khmer Rouge, the film learning, the film thereby provides a gateway into the complex history also invites New Zealand audiences to consider the relevance of and contemporary politics of Cambodia and the Southeast Asian events in Asia to the broader history of the region. Brother Number Region. Through a series of informative and intimate interviews, One thereby serves to support the ‘Asia Awareness’ mandate in The the film opens up for consideration a series of challenging topics, New Zealand Curriculum (p. 39) which states that links between including the cultural, political and economic conditions which lead learning areas should be explored in order to “develop students’ to the rise of the totalitarian Khmer Rouge regime in the 1970s; the knowledge and understandings in relation to major social, political, use of torture, imprisonment and mass execution under this regime; and economic shifts of the day, for example, through studies of Asia techniques of social control—including the separation of children and the Pacific Rim”. As part of a Social Studies or History unit, from their parents—which characterised the regime; instances of Brother Number One may provide a thought-provoking insight into institutional and individual corruption and the abuse of power; the both past and present relations between New Zealand and Southeast social and cultural consequences of genocide; the subsequent and Asia, in ways which will help students to “develop informed attitudes ongoing revision of national history; and international interventions and values” about the Asia region and “understand how New Zealand in the region—including the -appointed ‘hybrid’ war is connected to Asia”. In this way, Brother Number One situates crimes tribunal. As such, the film offers rich opportunities to address events in Cambodia’s recent history as pertinent to New Zealand’s learning objectives outlined by The New Zealand Curriculum in national history, and its ongoing relationship with the Asia region. secondary education in the field of Social Sciences. In particular, Thus, the film could be used to support specific History learning the film might enable Social Studies students to “understand how objectives, which enable students to “understand that the causes, conflicts can arise from different cultural beliefs and ideas” and consequences, and explanations of historical events that are of the extent to which the local, national and global consequences of significance to New Zealanders are complex, and how and why they such conflicts “impact on the rights, roles, and responsibilities of are contested”. individuals and communities”.

6 Film Abstract

BROTHER NUMBER ONE is a feature documentary that follows Kiwi Rob testifies during the first trial against Comrade Duch, who was rower Rob Hamill as he travels to Cambodia seeking justice for his commander of the notorious torture centre Tuol Sleng (S21), where brother Kerry Hamill, who was tortured and murdered by the Khmer his brother was tortured and murdered. In addition, Rob attempts to Rouge in Cambodia in 1978. retrace his brother’s footsteps, meeting both survivors, who shed light on Kerry’s experience, and perpetrators who caused his suffering. Rob gives a ‘victim’s statement’, outlining the impact of Kerry’s Given that this is the first time Rob has visited Cambodia, the death on his family at the Extraordinary Chamber of the Courts in audience learns, along with him, more about the history and culture Cambodia (ECCC), a war crimes tribunal currently running in Phnom of this devastated country, once called the “Pearl of Asia”. Penh. Thirty-one years after the fact, the ECCC is trying five Khmer Rouge leaders who were responsible for killing up to two million Cambodians in the years 1975–1979. Annie Goldson

Watch the clip: Official Film Trailer

7 The ‘problem’ of Cambodian history

BROTHER NUMBER ONE is a complex and evocative Prime Minister Hun Sen has notoriously suggested that piece of filmmaking, combining the story of past events Cambodia should “dig a hole and bury the past” and, with a parallel journey today, and a contemporary until recently, official accounts of Cambodian history— court action. This makes the story’s subject matter including school textbooks—simply left out references somewhat unstable, as the past—in terms of events to the Khmer Rouge regime. which took place in Cambodia during the years of the Khmer Rouge regime—is both argued about and has been made deliberately confused, while the outcome of present events is unknown. Director Annie Goldson, writing on Brother Number One, has observed that “part of the creative documentary process is exploration and recovery”, and this indicates the double nature of the film’s investigation, to explore and recover history and stories. For this reason, this documentary provides an opportunity for students to consider the very nature of history itself, and the extent to which both national history and national identities are shaped by the stories that are told about past events. In Cambodia, the terrible events which took place during the years of the Khmer Rouge regime, and subsequently during the years of economic depression, civil war and political instability, have meant that history itself has become a ‘problem’ many would rather ignore. Cambodian

8 1. View the following ‘out-take’ clip from Brother Number One: ‘History book launch’. (An ‘out- take’ is edited together from footage that did not make the final film. We shot over 200 hours altogether and the final film is just 99 mins.)

QUESTION 1a: What do you think the history book that addresses the Khmer Rouge years controversial? NOTE: The use of comparison here might be significance of this new history text book useful. In New Zealand, if issues like the Treaty of for Cambodia’s school children is? Waitangi and British colonisation were not taught in QUESTION 1b: What are the implications our schools, how would New Zealand students of of ‘hiding’ history from new generations? all ethnicities understand the political and cultural landscape of New Zealand? Or another example Watch the clip: History book launch. might be the origins of World War 2. History shows ANSWER 1B: us that the humiliation of the Germans after the Discuss how a lack of understanding of history can losses during World War 1 and the collapse of the ANSWER 1A: impede people making sense of the current day, its German economy made the ascendancy of Hitler Have students consider the following points: issues and problems. and the Nazis possible. Historical analyses can warn us not to repeat the mistakes of the past. This is the first history book to tell the impact of the Have students consider how history always shapes a Khmer Rouge on Cambodian society. culture. Point out that without a historical explanation, rumours can develop which can lead to tensions. For How a knowledge of history could work to allow young example, some Cambodians still believe it was the people a better understanding of the past and present Vietnamese who caused the genocide, not the Khmer and work towards a better society. Rouge.

How the young people in the clip reflect on their level of interest in Rob’s story and their knowledge about the Court.

Prime Minister Hun Sen is a former Khmer Rouge official. Many former Khmer Rouge still live in the villages, towns and cities. How could this make a

9 2. Read the article from the New York Times

Link: Because the Khmer Rouge killed most intellectuals and ANSWER 2B: educated people, closed all the universities, schools, Seventy per cent of Cambodia’s population is under http://www.nytimes.com/2009/04/08/world/ hospitals and legal institutions, it was difficult for an 30, so were not born when the Khmer Rouge were asia/08cambo.html?pagewanted=all accurate account of history to emerge. The Khmer ousted in 1980. They have no memory of the events Rouge who fled to the North after their defeat ‘rewrote’ that occurred and many don’t believe their parents and history, blaming the Vietnamese and ‘outsiders’ for the grandparents when the latter try to recall the atrocities QUESTION 2a: What combination of atrocities. Because there were few counter-narratives they endured. Because no official history or school voiced or written, many people believed the Khmer factors has led to such a wide-spread text books have included the history of the Khmer Rouge version of events. Rouge up until this point, the stories of suffering are lack of awareness of the Khmer Rouge not reinforced by the culture at large. This causes a amongst Cambodian youth? Supported by , the US and its regional allies, the lot of pain in the older generation who are upset their Khmer Rouge continued a low level civil war against the children and grandchildren don’t believe them. It also Vietnamese Government and its Cambodian allies well means that younger people are less likely to be open ANSWER 2A: into the 1990s, for about 15 years after their ousting in to, and to help, those who continue to be traumatised. As the article says, many younger people did not 1979. It is difficult for education to have a priority while a There is a high level of an illness called post-traumatic believe their parents’ and grandparents’ stories. The war is going on. stress in Cambodia—symptoms include depression, new generation finds the stories “unbelievable” and anxiety, flashbacks, and poor sleep. Finally without “either cannot conceive of such brutality or seems The official religion of Buddhism tends to support the understanding the history or believing their parents and unwilling to learn about it”. The article states the position that ‘bygones be bygones’, believing evil deeds grandparents, younger peoples’ understanding of their reason for the lack of awareness and discussion: “a will be addressed through Karma. This may result in a country and nation is partial. combination of culture and policy and perhaps also historical perspective being less important. the passivity of a people too exhausted by history to confront its traumas.” QUESTION 2b: How has this disbelief To expand upon this, you could discuss the and lack of an accurate historical record following points created the “generation gap” referred Sometimes after war and trauma, people want to just to by the article, and what might be the get on with their lives and not revisit the trauma of their consequences of this gap? past.

10 3. Director Annie Goldson has suggested that “30 years on, justice may not be possible, but the court at least is giving a more accurate account of history”.

Comrade Duch was responsible for the cruel death of NOTE: The official name of the court is the up to 20,000 Cambodians and finally, was given a life EXTENSION: It might be interesting to talk to Extraordinary Chamber of the Courts of Cambodia sentence. He was allowed the kind of legal due process advanced students about the ‘Charles Taylor case’ (ECCC) he denied others. The students could consider how this (trying Taylor at The Hague for atrocities committed makes victims feel. in Sierra Leone) which has just concluded. Students could also consider the case of Syria today or the It could be said that justice as exercised by war crimes first successful case tried at the International Court QUESTION 3a: What do you think the tribunals is often less actual and more symbolic—justice of Criminal Justice against Thomas Lubango. They dIrector might mean when she suggests ‘seen to be done’ can help victims come to terms with could undertake specific studies of these cases, or “justice might not be possible”? the past and move forward with their lives. others, considering the theme of ‘justice’. There have also been instances of ‘vigilante’ justice, Consider what you think ‘justice’ might The exercise of justice can be said to warn future for example, in the killings of Saddam Hussein and mean and how it might be blocked. perpetrators (worldwide) that at some point they will Osama bin Laden. Some argued it would have been need to answer to their crimes. Students could consider more productive to bring the two of them to trial as the likelihood of deterrence. the information that would have come to light would have been useful in understanding the context of ANSWER 3A: The passage of time can also impact on processes their respective regimes, and clarify who their allies Students may want to consider the following of justice. Real justice may also not be possible in were. Students could reflect on what justice means Cambodia because much time has passed and many of in these instances. Justice for such extreme atrocities is hard to achieve the worst perpetrators have died of natural causes. and becomes determined by sets of laws (legal precedents and local law). In most countries and international courts today the practice of ‘an eye for an eye’ is unacceptable. In Cambodia for instance there is no death penalty.

Only five former Khmer Rouge (leaders) are now on trial for the deaths of 2 million. Students could consider whether this situation seem fair and what should be done to the many other lower-level perpetrators who will never be tried.

11 QUESTION 3b: What is the relationship NOTE: Some scholars have described the between the United Nations (UN)- processes of war crimes tribunals as “narrating appointed war crimes tribunal, (as nation”, i.e. creating a story of a nation, filling in depicted in Brother Number One) and the empty chapters created by a traumatic period national history? in history, or countering a false history narrated by perpetrators. The power to “narrate nation” is evident when the national dialogue increases in ANSWER 3B: its reach and begins to address the past. Many Students could explore the mandate of the war crimes Cambodians, whose own children were disbelieving, tribunal which is to prosecute leaders of the Khmer now have evidential support gathered through the Rouge for the genocide they perpetrated between ECCC processes that verifies their recollections. 1975 and 1979. As with all court processes, the Some of them testified themselves, but many, many prosecutors at the Extraordinary Chamber of the Courts more would have had similar experiences. Non- of Cambodia (ECCC) and their researchers pursue governmental organisations (NGOs), grass-roots evidence (documentary evidence, victim statements organisers and local media conduct widespread and hearsay) to build their case. This allows a bigger outreach which can mean that those Cambodians picture of the experiences under the Khmer Rouge to who are not literate or are unable to access come to light, and, given testimony is delivered under information easily can also learn about the court oath, there is an assumption that most of it is true. process and its findings (see: Documentation Centre of Cambodia: dccam.org). One way of considering a court case is looking at how differing testimonies corroborate each other which helps construct an understanding of the past. This can be something like a jig-saw, each piece of the testimony functioning like a puzzle-piece that builds up the bigger picture of the nation’s history.

12 4. View the following ‘out-take’ clip from Brother Number One: ‘Court impact’. Cambodian historian Sophal Ear describes the court in this clip as a “mechanism for sensitising people” and a “tool for reconciliation”, while author and historian Peter Maguire suggests that the court might generate a degree of “historical accountability”.

QUESTION 4a: What are the ideas responsible for their actions. This is hard for survivors Students can reflect on whether such a court can to understand at times, given that their family members ever bring justice to victims and their families given expressed by both Sophal Ear and Peter and loved ones suffered so greatly. But if the court the nature and extent of the crimes, and whether the Maguire? How do they position the process (and a resulting greater understanding of sentence given to Duch was appropriate. Cambodia Extraordinary Chamber of the Courts of history) could bring these two sides into dialogue, does not have the death penalty— students could the ECCC could function as a “tool for reconciliation”, consider the morality of state execution and whether Cambodia (ECCC) differently in terms recognising that both survivors and lower-level this should be available to war crimes tribunals. of its relationship to history and the perpetrators were in a sense ‘victims’ of the same Cambodian people? system. However, Sophal Ear does not yet know if the ECCC will prove effective in helping the reconciliation process.

Watch the clip: Court Impact. Peter Maguire discusses the issues raised above, agreeing that many young people did not believe the stories of their parents and grandparents. He hopes ANSWER 4A: that the court process will deliver some “historical accountability”, that is, describe the history of Cambodia Students could consider the differing but aligned more accurately, filling in some of the “empty chapters” viewpoints of the two scholars: and blanks. He is concerned however that the trial process becomes overburdened. Its first purpose is Sophal Ear who is a survivor himself suggests that the to “condemn the guilty and exonerate the innocent” ECCC might “sensitise” people, making them more which is difficult enough in any context but particularly receptive to the stories of past atrocities. Greater in a country like Cambodia given the amount of time sensitivity could lead to greater empathy, and perhaps that has lapsed, the continuing political complications survivors and perpetrators could begin to understand it faces, and the difficulty and expense of keeping the each other better. trial on track. For a trial to have to carry the “burden of His point could lead to a discussion of the problematic historical explanation” too is a lot to ask. issue of ‘child soldiers’ and whether they were really

13 5. Brother Number One presents history through a series of intimate interviews and testimonies, as well as evocative sounds and images.

QUESTION 5a: How effective is a underdevelopment to the brutality of the regime, its Students could also think about the responsibility of ineptitude at governing and the difficulty in recreating a film-maker. S/he ultimately has editorial control and film such as Brother Number One at institutions once they have been smashed. represents a certain version of history. They could representing past trauma and its present compare documentary with the nightly news and consequences? reflect on the importance of providing a context and an analysis if a viewer is to understand history. QUESTION 5b: What is the role of ANSWER 5A: Because film is endlessly reproducible, and is relatively Students could reflect on the use of the Hamill family’s documentary film-making in restoring easy to circulate, it has the potential to reach millions of experience as a microcosm of suffering, as one social memory and reconstructing people. Thus documentary can assist in restoring social example of many, many families who underwent trauma national history? memory and reconstructing national history not just for at the hands of the Khmer Rouge regime. the Cambodians but for wider audiences. Potentially, documentary can also distort an understanding of Rob as a character too can help audiences outside ANSWER 5B: history. This could lead to a discussion of documentary Cambodia, particularly Western culture, understand the Documentary often includes interviews which and propaganda which is taken up more fully in the country’s history. Rob is a powerful central character relate stories, memories and testimonies. Together, Media Studies/English guide. and his ability to express emotion, and his natural particularly when the stories corroborate, or tell of empathy for the Cambodians he meets (and they similar experiences, these stories can begin to form Documentaries such as Brother Number One tend to for him) touches audiences, helping them in a very what we could call ‘social memory’, memory of a have a historical thread, and students having seen personal way understand the emotional consequences group or collective of people. Extending out from this, the film, could reflect on whether they understand the of the brutality of the Khmer Rouge regime. a documentary could be seen to help tell the story of history of Cambodia more fully. a nation. Common usage of archival footage also can Students should also discuss the experience of the reinforce the stories told. survivors as represented in the film such as Chum Mey, and . They could also reflect on Students could compare documentary with a court how trauma can be ‘passed down’ through generations. case (see 3B above) and reflect on how documentary Kulikar Sotho is too young to remember the regime can “narrate nations” rebuilding a sense of history and properly, but has lived with the consequences. nation. Its ‘interrogative’ function means it can function Students could also look for evidence in the as a prosecutor, building up its case through evidence, film of ongoing poverty in the country, and tie testimony and hearsay.

14 The Origins and Reign of the Khmer Rouge

THROUGH ROB HAMILL’S personal story, Brother At this stage, Cambodia’s politics were a volatile Khmer Rouge as many believed the situation could Number One explores one of the ‘forgotten’ genocides mix of anti-colonialism, anti-Americanism and anti- not get worse than it was. When the US subsequently of the 20th century, examining how and why nearly two . In addition, the war in neighbouring lost the war in and pulled its forces out, Lon million Cambodians could be killed by a fanatical left- Vietnam, fought between North Vietnam and its Nol lost a powerful nearby ally and his position of wing regime known as the Khmer Rouge. communist allies, and the government of South power was weakened. The Khmer Rouge then won a Vietnam, supported by the US and other anti-communist decisive victory in April, 1975; (Brother Number Prior to 1970, Cambodia was a charming though nations, had a significant impact on Cambodia’s One) and his comrades seized power, Cambodia was impoverished and corrupt French colony presided over political state. In an effort to flush out the Viet Cong, renamed Democratic Kampuchea and its borders were by the colourful Prince Sihanouk. Although the royals a communist guerrilla force, from Cambodia’s border closed. This was, they said, “Year Zero”, meaning the were popular, anti-colonial sentiment grew, inspired in regions, the US illegally carpet-bombed the entire country would have to start again from scratch. part by political developments in Cambodia’s neighbour country. During this period of increasing polarisation, Vietnam. During the 1960s, support for the Cambodian Sihanouk attempted to keep Cambodia neutral despite Pol Pot’s vision for Cambodia was the formation communist movement grew, and the Communist Party pressure from both the US and North Vietnam to take of an agrarian, egalitarian and classless society of Kampuchea (CPK), dubbed the ‘Khmer Rouge’ by sides. However, in 1970, while out of the country, which was economically self-sufficient. His vision Sihanouk, established itself in opposition to the reigning Sihanouk was overthrown in a coup led by his army is sometimes referred to as ‘utopian’ because it authority. One of the party’s young recruits was an chief Marshal Lon Nol, who was vehemently anti- imagined an idealised society of social equality, educated, worldly and politically-informed student communist. There is some debate over whether the US, national solidarity and economic plenty. In practice, named Saloth Sar. The son of a wealthy landowner, tiring of Sihanouk’s ambivalence, was behind this coup; however, the implementation of the Khmer Rouge’s Saloth Sar had travelled to Paris on a scholarship to regardless, it was convenient for American interests programme of social transformation was violent, brutal, study in the early 1950s. In , he formed part and once Lon Nol assumed power, there was plenty and inhumane in the extreme, a totalitarian regime in of an elite group of young Cambodian scholars, who of military funding forthcoming. China then stepped which ‘enemies’ of the government were ‘re-educated’ learned about the French Revolution through the prism in on the side of the Communists, and persuaded through slavery, starvation and torture. The Khmer of the Communist party, at that point heavily influenced Sihanouk (still revered by many Cambodians as the Rouge outlawed money, property, religious and by Stalin. This group would later form the inner circle of ‘God King’) to join forces with the Khmer Rouge, then traditional cultural practices, regular schooling, public the Khmer Rouge, dubbing themselves the ‘Brothers’. a smaller guerrilla force operating out of North-west and private transport, leisure activities and normal Saloth Sar would rename himself ‘Pol Pot’, and as Cambodia. This unlikely alliance (the Khmer Rouge had clothes (everyone wore the black CPK uniform). Most leader of the Khmer Rouge was known also as ‘Brother been enemies of the reigning Prince prior to the coup) radically, families and communities were broken up, to Number One’. caused many Cambodians, obeying their God King, to discourage any kind of attachment other than a political flock to the Khmer Rouge. Additionally, Lon Nol’s brutal allegiance to the regime. Children were separated from tactics, supported by the US, caused more to join the their parents and indoctrinated at government training

15 institutions which took the place of schools. and overthrew the Khmer Rouge regime. Leaders Gatherings of more than three people were considered and loyal members of the Khmer Rouge withdrew to potentially traitorous and were punishable by death. border regions where they continued to operate as The Khmer Rouge forced everyone to become rural a resistance movement for many years. A low-level labourers, emptying the cities, including the capital war continued until the mid-1990s. China had always , and forcing every man and woman to do backed the Khmer Rouge but by 1979, the US, and the same manual work in the countryside. Labourers other Western nations (including New Zealand) and were forced to work all year round, twelve hours a day, pro-US Asian states (such as ), also threw without adequate rest or food. Many collapsed from their weight behind the regime that had committed exhaustion or starved to death. such atrocities. By this time, the US and China, once bitter enemies, had become friends and they united Moreover, the Khmer Rouge introduced a systematic against their mutual foe, the USSR which was backing regime of terror, torture and execution in order to crush the Vietnamese in Cambodia. The United Nations possible rebellion. During their rule, they executed (UN), bowing to Western pressure, accepted the hundreds of thousands of intellectuals; city residents; Khmer Rouge as its representative during this period of minority people such as the Cham, Vietnamese and instability. The extent of the genocide and its aftermath, Chinese: and many of their own soldiers and party however, became hard to ignore and UN-supervised members, who were accused of being traitors. Tuol elections were finally held in 1993, following the Paris Sleng (known as S21), an old school on the outskirts Peace Accords of 1991. The Royal Government of Phnom Penh, was centrally important to the Khmer of Cambodia, which remains in power today, has, Rouge organisation as its primary torture and execution however, proved both unstable and corrupt. centre, headed by Comrade Duch. Here, thousands of ordinary people, including the elderly, women and children, were imprisoned without trial, shackled, starved and systematically tortured until they provided false confessions of anti-government activity, at which point they were sentenced to death. Mass executions took place across the country, in which people were clubbed to death and buried in mass graves now known collectively as the ‘’. In total, nearly two million people—a third of the country’s population—died in the rural labour camps, the torture prisons or the killing fields during the four-year reign of the Khmer Rouge.

Finally, in 1979, Vietnamese troops supported by the Soviet Union and joined by defectors who had escaped from Cambodia, invaded Democratic Kampuchea

16 1. Research the rise and fall of the Khmer Rouge regime

Important Links: 1941–1945 Japan occupied Cambodia The following site is a useful starting point: http://www.cambodiatribunal.org/history 1953 Cambodia officially gained its independence from France.

QUESTION 1a: Create a time line of 1963 Cambodia severed ties with anti-Communist South Vietnam as tensions political events in Cambodia from the escalated around the Vietnam War. collapse of French colonial rule in the General Lon Nol overthrew Prince Sihanouk and established a republic. 1940s to the overthrow of the Khmer 1970 Sihanouk joined forces with his former enemies, the Khmer Rouge, then a small guerrilla force in the North-west. Rouge regime in 1979 (or, extend this 1970–1975 Cambodian experienced a brutal Civil War—a fight between US-backed Lon Nol, and exercise by creating a time line through Chinese-backed Khmer Rouge to the eventual disintegration of the 1975 Democratic The Khmer Rouge captured Phnom Penh and declared the establishment of Khmer Rouge in 1999). Kampuchea.

1977 Cambodia broke relations with the Socialist Republic of Vietnam ANSWER 1A: This chart lists major historical events but students Vietnamese troops captured Phnom Penh establishing the People’s Republic of could research more deeply or into related aspects 1979 Kampuchea. The rule of the Khmer Rouge is over, although the leadership retreated of the history. This should allow them to think about to the North-west where they regrouped. how conflict does not arise in isolation, but part of a continuum. 1989 The last Vietnamese troops withdrew from Cambodia.

1992 A United Nations peacekeeping force, the United Nations Transitional Authority in Cambodia (UNTAC), began monitoring Cambodia. Cambodia held free elections. The Khmer Rouge boycotted them. A new constitution 1993 was returned ratified, under which the Cambodian monarchy was restored. Norodom Sihanouk to the throne.

1997 Rouge The Extraordinary Chambers in the Courts of Cambodia, a tribunal for the Khmer was established holding its first trial over a decade later.

17 QUESTION 1b: What were the political, Students could also explore how the anti-war movement in the US and internationally, and the impact of media economic and military conditions during coverage on the war in Vietnam (plus other factors) led this period that made the ascendency of the US to withdrew militarily from Vietnam. By 1975, the a totalitarian regime possible? US had completely left the region. They may want to consider how the loss of a powerful ally impacted on the Cambodian government which fell readily to the Khmer Rouge in 1975. Watch the clip: Rise of the Khmer Rouge

ANSWER 1B: Students will need to understand the history of EXTENSION: Advanced students could explore one Indochina and in particular, the war in Vietnam, which issue concerning Cambodia that is still debated and began as a postcolonial struggle against France. contested, that is, the impact of the US bombing of Cambodia and the degree to which it influenced the They could research into the ‘sides’ in the war in rise of the Khmer Rouge. Vietnam determining which ‘superpowers’ were involved on each side and explore how, and why, the Students could consider the phrase ‘the domino war spilled over into Cambodia. theory’—a metaphorical concept that was used to justify a number of US interventions during the They could also look at the role of Prince Sihanouk Cold War. They may want to look at who coined the and the history of his administration, how the country phrase and as an independent exercise, explore revered him as the ‘God King’, why he aligned himself where else it was used, for example in Korea or with his former enemies the Khmer Rouge, and what East Timor. the impact of this alignment was. Students could also explore the role of both the US and China in determining Sihanouk’s role, the US support of the ‘Lon Nol coup’ against Sihanouk, and China encouraging the alliance between Sihanouk and the Khmer Rouge.

18 2. Choose a key figure in the history and legacy of the Khmer Rouge, either Pol Pot, Comrade Duch, or Prince Sihanouk.

QUESTION 2: What were the social, and ‘revered’ peasant classes as ‘pure’, yet most but he was the central figure in the rise and reign of the leaders, like Duch, had had good education. Students Khmer Rouge, ostensibly its leader. cultural, religious and political could reflect on whether this seems a contradiction. backgrounds of these key figures, and Given there is little about Pol Pot’s background, how did they contribute to the rise of They could also think about how the youthful Duch’s students could research into his history, for example, unpopularity may have caused him to align himself with exploring his class background, his education, the the Khmer Rouge regime? What do you an ‘outsider’ group (as the Communists were at that political influences upon him, and when he became understand about this figure based on point) where he could gain acceptance and power. involved in the CPK. your viewing of the film, Brother Number Students could reflect on how the film represents They could also explore the specific leadership One? Tuol Sleng as Duch’s ‘invention’, the degree of order positions he took and whether, in setting policy, he was and organisation very much that of a mathematician. the most responsible for the genocide. Tuol Sleng (or S21 as it became known) was used to Choose one or more of the film clips: imprison, torture and kill ‘special prisoners’, those often In the out-take from the film, Elizabeth Becker describes seen as attempting to undermine the Khmer Rouge. Pol Pot as being handsome, having a gentleman’s Becker meets Pol Pot face with “nice Khmer hands”. She was surprised, but Comrade Duch 1 They could also trace what happened to Duch after realised that he had to be charismatic to rise to the top. Comrade Duch 2 the Khmer Rouge fell, and whether they think his Students could think about other totalitarian leaders and conversion to Christianity was genuine. whether or not their charisma assisted them in their rise ANSWER 2: to power. COMRADE DUCH is a central figure in the film, working One of the most important tensions to consider is as an ‘antagonist’ to Rob Hamill. As the former head of whether Duch, who did make some admissions in the Becker also states he was an “ideologue” who ranted the torture centre Tuol Sleng, he is charged with various Extraordinary Chamber of the Courts of Cambodia and raved. Students could explore the meaning of this war crimes, allegedly responsible for the deaths of up to (ECCC), was really remorseful or whether his term. 20,000 people, including Kerry Hamill and Englishman ‘compliance’ was an attempt to get a lighter sentence. John Dewhirst. Students could examine the film and Students could discuss the phrase “I was only following Students could explore what happened to Pol Pot after trace Duch’s history as represented, but supplement orders.” the fall of the Khmer Rouge and his ultimate fate. their answer with additional online research. POL POT is a shadowy figure in the film (and was in PRINCE SIHANOUK is also an important figure in the One issue to consider is Duch’s level of education and life too, tending to exercise power from ‘behind the history of Cambodia but the film only lightly touches on intelligence. The Khmer Rouge attacked intellectuals scenes’). We don’t hear him speak directly in the film his role.

19 Students could explore his family background and how he came to power, his relationship with the French colonial regime, his aspirations towards independence and his ‘colourful personality’.

Analysis suggests that Sihanouk liked the feudal structures that had existed within Cambodia, and kept much of the country underdeveloped. Many rural Cambodians revered him as the ‘God King’. The lack of development made Cambodia vulnerable during the turbulent war years, making them susceptible to influence during the Khmer Rouge build up.

Students could also explore the critical and shifting role he played during the war in Vietnam, and the Khmer Rouge and post-Khmer Rouge periods.

20 3. Political history is often understood through the use of terminology, the meaning of which is widely agreed upon.

QUESTION 3: What do you understand by production and co-operative management of the disorganised, dispersed and incapable of enacting economy, and a political philosophy advocating such a change. the following political terms? system. It is often seen as a less extreme form of left Communism, Socialism, Marxism, ideology than communism, and is aligned with social COLONIAL RULE is the governing of one country over democratic movements in, for example, Northern another, usually to obtain resources or influence in a colonial rule, the Cold War, democracy, European countries. (Wikipedia) region. Western imperialism Socialism as understood above was not prevalent in French colonial rule in the Southeast Asian region made Students could research the meaning Cambodia. Nonetheless many of the anti-war activists conditions ripe for revolution, as many people were of these concepts (and any other terms in the West would have identified as socialist, their impoverished and the system was corrupt. Sihanouk they can identify) and evaluate their left-leaning tendencies making it difficult to accept pushed for independence from France which he the revelations of Khmer Rouge brutality when they obtained, but inequalities remained and the region was significance for the history of Cambodia. eventually surfaced. destabilised from conflicts such as the Vietnam War.

ANSWER 3: MARXISM is the most influential of all socialist THE COLD WAR (often dated 1947–1991) was a theories. Karl Marx and Friedrich Engels believed the sustained state of political and military tension between COMMUNISM (from Latin communis — common, consciousness of those who earn a wage or salary (the the powers of the Western world, led by the United universal) is a revolutionary socialist movement to ‘working class’ in the broadest Marxist sense) would be States and its North Atlantic Treaty Organisation create a classless, moneyless, and stateless social moulded by their ‘conditions’ of ‘wage-slavery’, leading (NATO) allies, and the Communist world, led by the order structured upon common ownership of the means to a tendency to seek their freedom or ‘emancipation’ by Soviet Union, its satellite states and allies. The Cold of production, as well as a social, political and economic overthrowing ownership of the means of production by War was so named because it never featured direct ideology that aims at the establishment of this social Capitalists. military action. Both sides possessed nuclear weapons order. (Wikipedia) and understood that their use would probably guarantee Rather than the working class ‘breaking their shackles’, their ‘mutual assured destruction’. Communism in both China and Vietnam meant that impoverished Cambodians from the countryside were The Cold War effectively allowed the conditions in Cambodians were exposed to the ideals of Communism driven into Pol Pot’s army. His brutal evacuation of Cambodia to ripen, as the neighbouring country and many believed it could be a political solution for cities, enslavement of people, and forced starvation Vietnam became embroiled in war, with the US backing their country, much of which was still a peasant society. went well beyond the ideas of Marxism. The argument South Vietnam and the North backed by China and Both Pol Pot and Sihanouk looked to China for support. can be made that Marx believed revolution would the Soviet Union. This meant the two superpowers emerge from the urban and industrial working classes, used their ‘proxies’ to continue their power struggle. SOCIALISM is an economic system characterised not the peasant groups whom he believed were When Sihanouk, who had attempted to remain neutral, by social ownership and/or control of the means of

21 allowed the Viet Cong to come into Cambodia, and their support of the Khmer Rouge, all contributed to the also China to provide supplies, the US initiated a instability of the region. bombing campaign that further destabilised Cambodia. Later, the Cold War relationships shifted. When the WESTERN IMPERIALISM, although now rarely used Vietnamese ousted the Khmer Rouge, they were as a term, refers to the dominance of the West through supported by the Soviet Union and had fallen out with their expansion into other regions, such as Indo-China, China. In the interim period, the US and China had had South Asia or Africa. It creates an “unequal economic, a ‘rapprochement’ and had become allied against the cultural and territorial relationship, based on domination Soviet Union. Therefore, the US supported the Khmer and subordination”. Students could consider the Rouge as a counter to the Soviet-backed Vietnamese- relationship between colonialism and ’Western led invasion. Phrases like ‘the enemy of my enemy imperialism’. is my friend’ are useful to consider here. As Henry Kissinger commented too, the US had no “permanent In the Southeast Asian region, French colonial rule friends only permanent interests”. was a form of Western imperialism that created impoverished and dependent nations who were looking DEMOCRACY is an egalitarian form of government in to forge independence and their own rule. This means which all the citizens of a nation together determine that conditions were ripe for revolution and for ideas public policy, the laws and the actions of their state, such as Communism and a ‘utopian’ society to emerge. requiring that all citizens (meeting certain qualifications) have an equal opportunity to express their opinion.

Actions can be carried out in the name of democracy that can, however, mask other interests, so it is important to ensure students conduct an analysis that goes beyond the rhetoric of democracy and explores what is done in its name. Also the notion of democracy is based on the idea of majority decision ruling, so those who are considered minorities within a culture may have their interests overridden.

It might be worth also considering the relationship of democracy to capitalism. Are they interchangeable terms, or is it possible to have a socialist democracy? Students could consider different national models.

The US is a proponent of democracy, and saw Communism as a global threat. Its involvement in the Vietnam War and the bombing of Cambodia, and later

22 4. One of the slogans of the Khmer Rouge was “Secrecy is the key to victory. High secrecy, long survival”. This meant that an elite group of decision makers controlled the party, the military and the millions of Cambodians subject to its regime.

QUESTION 4a: What is the relationship QUESTION 4b: What were the Kulikar’s father who, as a pilot, was an educated man between ‘secrecy’ and power? consequences for ordinary Cambodian and was killed while being ‘re-educated’. citizens and how did this policy impact ANSWER 4A: on their human rights (consider the EXTENSION: Advanced students could consider Secrecy makes it harder for people to question or even law against public gatherings and the importance of free speech and the freedom to understand what is happening. Therefore it reinforces discussion)? organise in our own cultures. They could reflect on those who hold power, because they cannot be whether many, perhaps even all, governments do questioned or challenged. conduct business ‘behind closed doors’. They may want to explore some instances of this, for example, Students could relate this to incidents explained in the ANSWER 4B: how secrecy can privilege certain sectors of society film, e.g. where the guard explains how the executed Secrecy would have had devastating consequences, or bind countries to certain treaties and agreements prisoners were covered up during the night to hide disempowering Cambodians and preventing them from that may not be in their interest. evidence of mass murder. Many victims in the film, rising up against the regime. too, received no information about their loved ones, for example, how they died and where their bodies might Students could consider the importance of accessing lie. This left them feeling vulnerable, distraught and knowledge and information. Ordinary Cambodian powerless. citizens would not have known the extent of the atrocities, or indeed what was happening on a day to day basis, other than how they were directly affected.

Their human rights, such as free speech and free movement were taken away by laws that didn’t allow more than three people to gather. Therefore, people could not exchange information easily. Anyone outspoken or educated who could potentially speak out against the regime were also imprisoned or killed. Students could give examples from the film, for example

23 QUESTION 4c: How did a policy of secrecy EXTENSION: Advanced students may want to within Democratic Kampuchea extend to consider recent and current political conflicts where international relations and what were the the ‘international community’ seems reluctant to long-term effects of this? intervene (for example the former Yugoslavia, Rwanda and today, Syria) and others where intervention has occurred (Iraq, Afghanistan, Libya). ANSWER 4C: Cambodia, or Democratic Kampuchea as the Khmer Rouge called it, was a ‘closed country’ with only a few Eastern bloc (Communist) countries having diplomatic missions there. Hence few countries knew the horrors that were unfolding. It is highly unlikely that Kerry Hamill and his fellow sailors would have known the danger that they faced in straying into Cambodian waters.

Students could reflect though on whether more knowledge would have had much effect. The US did not leave Vietnam fully until 1975, which was in part a response to widespread domestic protests against the war. There would have been very little ‘appetite’ for the superpower to invade Cambodia.

There was also a degree of disbelief even when the atrocities were revealed. Many anti-war activists who had opposed US intervention in Vietnam and the bombing of Cambodia could not believe that the Khmer Rouge, that espoused left-wing revolutionary ideals, could be so brutal. Some maintained allegiance towards the Khmer Rouge arguing that the rumours (and refugee stories) of brutality were invented by dissatisfied right-wingers and business-people.

24 5. The film Brother Number One provides historical context for the rise and rule of the Khmer Rouge regime. The film seeks to represent the politics that led to the brutal regime’s rise.

QUESTION 5a: To what the extent did of media coverage on the war in Vietnam (plus other The UN, bowing to Western pressure, refused to factors) led the US to withdrew militarily from Vietnam. allow the Vietnamese-backed Government assume the Cold War and relations amongst By 1975, the US had completely left the region. They a seat as the UN’s representative during this period the superpowers influence the politics may want to consider how the loss of a powerful ally of instability, effectively allowing the Khmer Rouge to of Cambodia both before and after the impacted on the Cambodian government which fell continue to stage a low-level war with the backing of the Khmer Rouge regime? readily to the Khmer Rouge in 1975. international community. AFTER THE FALL OF THE REGIME: ANSWER 5A: Students could also examine how the superpower QUESTION 5b: Can you describe another relationships shifted during the Khmer Rouge period, LEAD-UP TO THE REGIME: impacting on the post-regime years. conflict in the past, or alive today, that Students will need to understand the history of similarly grew out of a Cold War context? Indochina and in particular, the war in Vietnam, which They should examine the fall of Democratic began as a postcolonial struggle against France. Kampuchea, its overthrow by Vietnamese forces ANSWER 5B: headed by Cambodia leaders, some of whom were They could research into the ‘sides’ in the war in former Khmer Rouge who had split with Pol Pot and This could be an independent research or extension Vietnam determining which ‘superpowers’ were taken refuge in Vietnam during the regime. project. Students could research and discuss involved on each side and explore how, and why, the conflicts such as Korean War, Afghanistan, the former war spilled over into Cambodia. They should then explore what happened to the Khmer Yugoslavia, or East Timor. Rouge and which countries in the post-1979 years They could look at the role of Prince Sihanouk and the supported it and why (the US and its allies joined history of his administration, how the country revered China in supporting the remnants of the Khmer Rouge, him as the ‘God King’, why he aligned himself with his renamed the Democratic Republic of Kampuchea). This former enemies the Khmer Rouge, and what the impact was because the US was opposed to the influence of of this alignment was. Students could also explore Vietnam in Cambodia, given that Vietnam was allied the role of both the US and China in determining with the Soviet Union, by this stage, seen as the bigger Sihanouk’s role, the US support of the ‘Lon Nol coup’ enemy. against Sihanouk and China encouraging the alliance Students could reflect on how the politics of Indochina between Sihanouk and the Khmer Rouge. during the Cold War mirror the rumination by Henry Students could also explore how the anti-war Kissinger, that the US has “no permanent friends, only movement in the US and internationally, and the impact permanent interests”.

25 6. Brother Number One provides an insight into life in Cambodia before and during the rule of the Khmer Rouge.

QUESTION 6: What information into the Students could also reflect on, and unpack Sophal Ear’s origins of the Khmer Rouge regime do the description of the Khmer Rouge philosophy, “a volatile following clips provide and how do they mix of extreme , the romanticising the agrarian life and Khmer mythology”. Khmer Rouge leaders are illustrate its devastating impact on the shown visiting the famous temple complex Angkor Wat, Cambodian people? there is a sense of staged togetherness in the footage and young smiling Cambodians are lined up. Students could research the conditions of rural Cambodians Watch the clips: prior to the Khmer Rouge, and the attractiveness of Rise of the Khmer Rouge Maoism and how the idea of ‘once being a great nation’ Kulikar Sotho’s story influenced the leadership. This is sometimes called Life under the KR the ‘wounded nation’ theory, illustrating how regimes, nostalgic for the greatness of the past, try to recreate that power.

ANSWER 6: Kulikar Sotho’s story gives an example of what life The first clip points to the fact that Vietnam was was like under the Khmer Rouge for Cambodians. considered the centre of the Cold War. In a talk clearly Students could explore the conditions her mother was designed for the US television audience of the time, forced to live under, her father’s fate and Kulikar’s own US President Richard Nixon points to Vietnam and ‘education’ by the Khmer Rouge. Students could also Cambodia on a map, indicating the areas of Cambodia explore why Kulikar thinks her family and her father where Vietcong incursions took place and camps may were targeted. Her testimony reveals the personal have been. The Vietcong presence motivated the US to impact of the wider policies, and how families were undertake devastating bombing raids in this region. In devastated by death and separation. the clip, Elizabeth Becker describes the bombing raids, the US support and corruption of the Lon Nol regime, Sophal Ear echoes this as he talks about the extreme and Sihanouk’s alignment to the Khmer Rouge as conditions his parents faced being forced from the city factors contributing to the latter’s military success. into rural life, and the hardships of finding food, not getting sick, and trying not to stick out. Calling attention to oneself in any way was very dangerous.

26 7. How responsible were young Khmer Rouge recruits for their actions? Do you think they should be held liable for their actions? Do you think they should be tried at the ECCC, or not?

QUESTION 7: How responsible were their own lives and communities child soldiers the courts would need to evaluate their Students could also undertake a consideration of what ability to question authority or to desist in their actions. young Khmer Rouge recruits for their to do with child soldiers in post-conflict societies when actions? Do you think they should be some kind of legal process is undertaken—whether they should be held liable for their actions, what age a held liable for their actions? Do you think EXTENSION: Students could explore the ‘child’ becomes responsible for his or her actions, and controversy around the Joseph Kony 2012 video, they should be tried at the Extraordinary how victims of their crimes feel towards them especially which focussed on the ‘Ugandan war lord’ notorious Chambers of the Court of Cambodia when they often live amongst each other, which has for recruiting child soldiers. Suitable approaches been the case in Cambodia. (ECCC), or not? might be looking why the clip went viral (celebrity endorsement, a desire of audiences to ‘do Other considerations would include the possibility that something’); the controversies around the campaign child soldiers were also traumatised by the events or (many historians believed it distorted historical fact, acts they may have committed. They could have the Watch the clip: Khan on Child Soldiers was a flawed ‘slactivist’ campaign); the motivations added trauma of hiding their role after the regime, of the group, Invisible Children, that launched the perhaps unsure if they were going to be brought to campaign (they are purported to be an evangelical justice or face retribution. ANSWER 7: Christian organisation); and what actions, if any, were planned in response and whether these Students could explore the broader issue of child Students could reflect on the role of child soldiers now actions might be productive or destructive. soldiers and the moral complexities their recruitment the court process is uncovering many of the atrocities raises. They could consider if child soldiers can and bringing perpetrators to justice. Although the also be considered victims despite the cruel acts commitment has been made to try the leaders only, they undertake, and whether they ultimately bear lower-level perpetrators could feel renewed fear, shame responsibility. or fear. They, like the victims, may relive the traumas of the past. Q.C. Karim Khan talks about how educated individuals take the ability to say ‘no’ for granted. It describes Students could point to the difficulty for the courts in how ‘saying no’ can be difficult for individuals from drawing the line between those responsible and those disenfranchised or poor rural communities who are not—i.e. who to prosecute and hold responsible for their beholden to authority. Students could reflect on the ‘just actions. Even Duch claimed to be following orders and say no’ phrase and whether and how it functions within that he had no option but to continue in his role. For the

27 Extraordinary Chambers of the Court of Cambodia (ECCC)

IN THE WAKE of the devastation left by the Khmer The ECCC is a ‘hybrid’ court, which operates Rouge’s reign of terror and the subsequent civil war, a under the control of both the United Nations and war crimes tribunal, the ECCC, has been put in place in the Cambodian government, while maintaining the order to gain justice for the many victims of the regime, principle of independence from both. Unlike the famous with five high-ranking members of the Khmer Rouge Nuremberg trials held after World War 2, which saw standing trial. Part of the hope of the court is not so the Allied nations prosecuting German defendants much that justice will be gained, but that Cambodians according to the legal provisions of their own nations will begin to understand their history more fully and, and their interpretation of international law, the ECCC with that understanding, begin to come to terms with the has been established as a domestic court, which past. operates according to the principles and processes of Cambodian law, along with relevant rules established The ECCC and its processes by international law. In terms of personnel, the court maintains a careful balance between Cambodian and The ECCC, also known as the , international prosecutors, judges and defence attorneys was formally established as a result of a series of (including former New Zealand Governor General, resolutions and initiatives between 1997 and 2006, as Dame Silvia Cartwright), and employs specific voting a co-operative venture between the United Nations strategies to prevent block voting by either Cambodian (UN) and the Royal Government of Cambodia. or international personnel. In particular, the court Court proceedings began on 31 July 2007, with the employs a ‘super-majority’ voting system, which makes indictment of its first defendant, and the court is still in it impossible for a vote to be carried by either an all- session. The court buildings were purpose-built, in the Cambodian or an all-international bloc. Cambodian capital Phnom Penh. The court’s full title is the ‘Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea’, and its mandate is to prosecute members of the Khmer Rouge regime for serious war crimes and crimes against humanity committed between 17 April 1975 and 7 January 1979.

28 1. Watch the video explanation of the ECCC, its structure and processes.

Important Links: Students could explore why the ECCC was not held at QUESTION 1c: Which group has the most The Hague and the advantages and disadvantages of it Students should refer to the following links and PDF being based in Cambodia. influence? File to assist them in answering in the following questions: Although more Cambodians know of its existence ANSWER 1C: because it is being held in their country, the ECCC is The domestic group as there are more judges appointed For details on the particular organisation of the court more subject to political interference. Plus, the costs of from the domestic pool. and its legal processes: setting up a new structurally complex institution have http://www.unakrt-online.org/02_court.htm ballooned putting pressure on the donor countries that fund the Court. For the Court’s mandate see: QUESTION 1d: How do you believe the http://www.unakrt-online.org Using further resources and research, students could priorities or interests of Cambodian and PDF: http://www.unakrt-online.org/Links-Logos- explore some of the debates that have arisen over international officials involved in this Thumbs/ECCCchart.pdf allegations of corruption and political interference. legal process might differ?

ANSWER 1D: Watch the clip: Explanation of ECCC QUESTION 1b: How does the court create a balance between Cambodian and Students should consider the primary interests of international officials who would be focussed on international representatives? Why do QUESTION 1a: Map out the organisation seeing that justice is served according to standards you believe this is necessary? of international law, i.e. that the perpetrators are of the court, in terms of personnel and made to stand trial, receive a fair trial and be given an appropriate sentence under international law. processes, as a diagram. Why is this ANSWER 1B: process so complex in structure, and The system of justice would be seen to be effective There is a majority voting system, i.e. a majority cannot internationally. whose interests are being protected? be carried by an all Cambodian or all international bloc, thus ensuring that both perspectives are included. The Cambodians could also seek this, however there ANSWER 1A: may be conflicting agendas at play. For example, former Khmer Rouge officials or supporters, some of whom Student should be exploring its hybrid nature, why this are now in power, may want to protect themselves, structure was instituted, and what checks and balances their allies and their positions. Conversely Cambodians there are in place. officials may have been victims or may have known

29 victims and therefore be interested in bringing more former Khmer Rouge to trial.

The court and its investigations have focussed on those senior members of the regime who are still living and fit enough to face trial. Many of the defendants (including Comrade Duch) have been held in prison since the official collapse of the Khmer Rouge in 1998, following the end of the civil war. The leader of the Khmer Rouge, Pol Pot, died while under house arrest by a faction of the Khmer Rouge headed by .

To date, the ECCC has concluded one case, Case 001, against Kaing Guek Eav, widely known by the alias Comrade Duch, who was formerly the commandant of the Khmer Rouge’s Tuol Sleng ‘Security Prison’ (known as S21), which was responsible for the illegal imprisonment, torture, and execution, of as many as 20,000 people, including civilians and children. The ECCC prosecution tried Duch on numerous counts of crimes against humanity and war crimes, and a guilty verdict was handed down on 27 July 2010, sentencing the 68-year-old Duch to life imprisonment (40 years)— the heaviest sentence a (UN) court can impose. This was reduced to 19 years, given his evident co- operation, time served and a period he spent in illegal detention. Many victims were distraught at how light his sentence became. Both prosecution and defence teams appealed the decision through Cambodia’s highest court, the Supreme Court, and on February 3, 2012, eleven appeal judges extended Duch’s sentence to life imprisonment.

30 2. Watch the following clip which includes some of Comrade Duch’s closing statement to the ECCC at the end of his trial.

QUESTION 2a: To what extent do you An alternate perspective is offered by Karim Khan and Rob Hamill who believe Duch would have had plenty of EXTENSION: Students could compare Christian believe Duch was, as he argues, simply opportunity to withdraw or at the very least, could have and Buddhist philosophies in light of the film, following orders? Do you think it is operated the prison in a more humane fashion. particularly around Duch’s conversion to Christianity possible to both acknowledge the One fact that has come to light is that he escalated and notions of forgiveness, justice and Karma. crimes one has committed, and not take the violence by forcing victims under torture to ‘name Students could research and write an independent names’. The lists of individuals named were then project examining the differing positions held by the responsibility for them? rounded up and were too forced to ‘name names’ religions in relation to themes in the film and to the before they were killed. Thus Duch escalated violence forms of Western justice followed within the court exponentially. system.

Watch the clips: Rob Hamill also felt personally that Duch lacked real Summary statements remorse, particularly in their first confrontation. Students Computer scene could explore Rob’s response to seeing Duch for the first time. They could attempt to ‘read’ for themselves Duch’s behaviour and body language in court. ANSWER 2A: One fact that has come to light is that he escalated Students could analyse Duch’s arguments carefully the violence by forcing victims under torture to ‘name looking for the contradictions and considering them in names’. The lists of individuals named were then legal, ethical and moral senses. rounded up and were too forced to ‘name names’ before they were killed. Thus Duch escalated violence Duch claims that he thought he was serving his country exponentially. and his people but states he “ended up serving a criminal organisation”. He claims he couldn’t withdraw, Rob Hamill also felt personally that Duch lacked real was a cog in a machine—indicating that he was just remorse, particularly in their first confrontation. Students following orders, and would have faced death should he could explore Rob’s response to seeing Duch for the have disobeyed. Students should consider whether he first time. They could attempt to ‘read’ for themselves was really in control of his actions. Duch’s behaviour and body language in court.

31 3. Comrade Duch is a major ‘character’ in the film Brother Number One.

QUESTION 3a: How does the film represent To balance this viewpoint, Karim Khan points out that over four years Duch had ample time to withdraw and NOTE: The second case to be tried at the Duch in court and what information that he relished his role as commander at Tuol Sleng. ECCC is still in session. Case 002 concerns do historians Elizabeth Becker, Sophal four defendants—three ‘Brothers’ and one ‘wife’ Ear and Youk Chhang provide about Rob points out that while he is asking for forgiveness, from Pol Pot’s inner circle: , aged 84, Duch’s life prior to the Khmer Rouge the nature of his acts and the fact he is arguing that he former Deputy Secretary of the Communist Party was not responsible makes it difficult to him personally of Kampuchea; , aged 79, former regime seizing power? How might these to accept Duch’s apparent apology. Head of State; , aged 85, former Deputy biographical facts have informed his Prime Minister for Foreign Affairs; and Ieng Thirith choices? Students could analyse the position the film takes (wife of Ieng Sary), aged 78, former Minister of about Duch concerning the responsibility he bears for Social Affairs. All four are charged with crimes his actions, looking at whether it allows the audience against humanity and genocide. While Duch has to draw its own conclusions or whether it promotes a partially admitted his guilt, the four Khmer Rouge particular viewpoint. They should note the film includes leaders in Case 002 will be harder to indict, despite Watch the clips: Computer scene Duch’s own voice through his testimony but also being arguably even more culpable than Duch. contains other viewpoints, given by a lawyer, scholars, Comrade Duch 1 journalist and Rob. The court process has been fraught with instability, Comrade Duch 2 and, although two further cases (Case 003 and Case 004) are in their preliminary stages, the prosecution’s desire to try five more Khmer ANSWER 3A: Rouge leaders has been met with opposition from The film presents the context of Duch’s upbringing, that Cambodia’s prime minister, Hun Sen, who has he was teased, that his inauspicious birth-date meant suggested that further trials could lead the country his mother thought he would end up in jail, that he felt into civil conflict. Rob Hamill did apply to be a Civil prejudiced and was on the ‘outside’ as a supporter of Party in Cases 003 and 004, but his application the Left. was rejected, as was his appeal. However, two (of five) appeal judges, both of them international, It shows excerpts from his testimony in which he dissented, saying Hamill’s application should have says he was remorseful and admitted committing the been accepted as a Civil Party. They also cited the acts, but that he was a ‘cog in the machine’ and only discovery of altered documents on the case file by following orders. the co-investigating judges

32 War crimes tribunals, past & present

The establishment and operation of the Extraordinary of war, provide a formal definition of war crimes, and latter was founded in 2002, and is the only permanent, Chambers of the Court of Cambodia (ECCC) is part sought collective agreement on the banning of certain international court which can try the most serious of of a significant history of war crimes tribunals, which types of warfare. Almost all resolutions proposed by international crimes— in particular war crimes and dates back to the Leipzig trials of 1921, in which high- these conventions were violated in World War 1 and genocide—but only those committed after 2002. ranking German military personnel were tried at the have been similarly violated in numerous wars ever German Supreme Court for serious crimes committed since. Nevertheless, these protocols still provide during World War 1. A further precedent was set by a framework through which war crimes might be the Nuremberg Trials held immediately after the end determined and prosecuted. of the Second World War, at which over 200 members of the Nazi regime were prosecuted for war crimes The United Nations (UN) is an international organisation including genocide. The International Military Tribunals founded in 1945 to replace the League of Nations which as they were officially known, were held in Nuremberg, had failed to prevent the rise of Hitler and World War Germany between 1945 and 1946, and were initiated 2. The mandate of the UN is to promote and maintain by the Allied powers—the United Kingdom, the United international peace and security and, in doing so, States, the Soviet Union and France. The trials were to uphold the principles established by the original the result of a series of agreements and resolutions conventions at The Hague. drawn up by the Allied powers, as well as the occupied territories, including the London Charter. One of the principles of the trials was that defendants should be tried in the place where the alleged crimes had For further information see: been committed. The maximum penalty the court http://www.un.org/en/aboutun/index.shtml could award was death (by hanging). Each of the four countries provided judges and prosecutors. Defence lawyers were, however, mostly German. The UN War Crimes Commission worked from 1943 (prior to formation of UN itself) to investigate war The origins of contemporary war crimes tribunals such crimes and report to Allied nations, who then initiated as the ECCC date back to The Hague Conventions the war crimes tribunals which became known as of 1899 and 1907 and the Geneva Protocol of 1925. the Nuremberg Trials. The UN maintains both the These were international conventions which worked to International Court of Justice and the International establish binding international laws in relation to acts Criminal Court in The Hague, the Netherlands. The

33 1. Research the Nuremberg Trials and compare them with the operation of the ECCC.

QUESTION 1a: What are the key of China and the US). The instability and conflicted NUMBERS PROSECUTED: Students should note that positions made it difficult to agree upon a trial process. the Nuremburg Trials prosecuted over 200 people, while differences between the two? Consider However the extent of the genocide could not be the ECCC has tried Duch and now, four other leaders the time lapsed between the events ignored indefinitely, and after UN supervised elections (one of whom has been judged unfit to stand trial). and the trials, the maximum penalty were held in 1993, steps were taken to bring people to Given up to two million Cambodians were killed by the trial for the atrocities could be taken. Khmer Rouge, either directly or through their policies, permitted by each, the number of students could reflect on whether trying only five people defendants prosecuted, and the Students could point to problems that would occur seems just to them or not. The difficulties, widespread organisation of power within them. due to the 30-year delay and its impact on the court costs and instability that broader prosecutions could process: many documents may have been lost or generate however could also be discussed. deliberately destroyed; witnesses may have died; ANSWER 1A: and memories may now be confused or distorted. PENALTY: The maximum penalty for the ECCC is TIMEFRAME: Students should reflect on the timeframe, Furthermore, the defendants themselves would be in life imprisonment compared with death by hanging comparing the speed with which the Nuremburg trials their 70s or 80s, making it more difficult for them to be at Nuremburg. One issue students could point to is were held immediately after World War 2 (between brought to trial if they are ill or incapacitated. Note also whether life imprisonment (or a lesser sentence) is 1945 and 1946) with the ECCC which began 30 years that the Nuremberg Trials had access to the detailed adequate when so many lives have been damaged or after the fall of the regime. They may want to consider records kept by the Nazis, so victims were seldom lost at the perpetrators’ hands. Victims and their families why the speed, and the delay, respectively occurred. called to testify at the trials to provide proof. Because of may feel that justice has not been served by the court. Reasons include the fact that at the end of World War the time lapsed, and the widespread murder of victims, However, ‘an eye for an eye’ is not acceptable in most 2 the allies, who were the victors, initiated the trials. the ECCC invited ‘civil parties’ to participate in the modern justice systems. In Cambodia for instance there The political landscape after the fall of the Khmer prosecution (Rob was one such civil party). Civil parties is no death penalty. Rouge was much murkier. A low-level war continued were most often family members of those murdered by from 1979 until the early 1990s as the Vietnamese Khmer Rouge and spoke of the personal devastation BALANCE OF POWER: Refer to ECCC questions troops, working alongside Cambodians in exile and that had resulted. earlier regarding details of the court structure. Students operating under the name National United Front for should note there is a mix of international and domestic National Salvation, battled the remnants of the Khmer Students could also point to criticisms of the Nuremburg judges, prosecutors and defence lawyers, whereas Rouge who regrouped near the Thai border. Operating trials that because they were conducted immediately in the Nuremburg trials the judges were international as the Democratic Republic of Kampuchea, the former following the war, and prosecuted and judged by the (from the respective Allied countries), with each country Khmer Rouge (and a few allied groups) had powerful allies, they were more a ‘Victor’s court’ than a true providing a prosecuting team for a different area of the allies including the USA, China, New Zealand, Britain tribunal. Students could explore what a ‘Victor’s court’ crimes being prosecuted. The defence lawyers were and Thailand. (This was because the Vietnamese were means and how it could complicate impartial justice. mostly German. In the case of the Nuremburg Trials, allied with the Soviet Union, by now the primary ‘enemy’ the perpetrators were tried by international law, yet

34 defended by domestic lawyers, which could be argued as being biased in favour of the Allies’ agenda.

Besides the ECCC, the UN has had a key partner role in the following war crimes tribunals, all of which continue in session to the present day:

International Criminal Tribunal for the former Yugoslavia (1993 to the present)

International Criminal Tribunal for Rwanda (1994 to the present)

The Special Court for Sierra Leone (2002 to the present)

Special Tribunal for Lebanon (2009 to the present)

EXTENSION: Independent students could research these contemporary tribunals and compare them with the ECCC reflecting on what issues modern tribunals share and what differences lie amongst them. They may also look at a different form of ‘transitional justice’ for example, ‘truth and reconciliation commissions’ such as that held in post-Apartheid South Africa or the local Gacaca community trials in Rwanda. In conducting a comparison, students should consider: the number of cases tried, the penalties permitted, the amount of time elapsed between the alleged crimes and prosecution, the nature of evidence given, financial assistance provided, the relationship between the tribunal and the national government in question, and whether they understand the process has been beneficial to victims.

35 Problems with the ECCC

TWO KEY PROBLEMS with the operation of the ECCC and it took several more years for finance to be raised are the time which has passed since the crimes being via international donations from Japan, , Germany, prosecuted were committed, and the slow progress Canada, Australia, the European Union and numerous of the courts through each case. These issues are, of other countries. course, connected, as the progression of each trial is hampered by the fact that many documents have either been lost or deliberately destroyed in the thirty-year interim, witnesses may now have died and memories may now be confused or distorted. Furthermore, the defendants are in their 70s or 80s, and some of them claim that they are unfit for trial, or request shorter sentences due to their old age. Indeed, one current defendent Ieng Thirith has recently been judged to be mentally incapable of standing trial; a decision which is, however, being challenged. Attempts are being made to restore her to sufficient health to appear at the ECCC.

The reasons for the delay in establishing a war crimes tribunal are complex, but are mostly accounted for by that fact that the demise of the Khmer Rouge gave way to a period of civil war and political instability between 1979 and 1998. In 1997 the Cambodian Prime Minister, Hun Sen, who was himself an officer within the Khmer Rouge regime, requested assistance from the United Nations (UN) to establish an Extraordinary Chamber in Cambodia, in accordance with UN international law. In 2001, a law was passed by the Cambodian National Assembly, which made provisions for the creation of a special court. However, such court processes are costly,

36 1. See the following link for a detailed chronology of the establishment of the ECCC between 1997 and 2005.

Important Links: http://old.eccc.gov.kh/english/backgroundECCC.aspx

NOTE: You have to select the year you wish to see for each timeline.

QUESTION 1a: What does the information on this site reveal about the complexity of establishing an international war crimes tribunal?

ANSWER 1A: Students could explore issues such as: correspondence and agreement between Cambodia and UN on core issues such as the number of people tried, the establishing of boundaries and remits, legal processes, the court structure, the use of multiple languages, the presence of Civil Parties, the costs and budget, and the training of sufficient numbers of Cambodian officials in a country still lacking a developed legal system.

(Section continues on next page)

37 2. Watch the clip and consider how the Hamill family must have felt knowing that the New Zealand Government was backing a regime that had killed Kerry so brutally.

QUESTION 2a: In the following clip, times, to stop these issues entering into the debates— Politics could change internally, e.g. a new government which is something that various ‘involved parties’ could might be more or less aligned to the Khmer Rouge and Cambodian historian Sophal Ear refers to be concerned about. Students should argue the pros therefore the appetite to prosecute or impose sentences the slow progress made between 1993 and cons of having a narrow mandate (i.e. at least might change. It could be that a successive government and 2006 to establish the ECCC. Why something may be achieved; more countries are likely may wish to make more of an example of Khmer Rouge to support such an effort vs. the historical and political members and bring more to trial, or vice versa. do you think that, according to Ear, the morality of not considering a fuller picture). Cambodian authorities would be “very afraid of a process that is outside their control”? EXTENSION: Students could analyse and give QUESTION 2b: Author and historian examples of what Maguire means when he Peter Maguire refers to the ECCC as talks about a continuum of political justice, from “political justice” which is “a mixture Nuremburg to the Moscow “Show Trials”, and Watch the clip: Court Controversy explore what his suggestion that “some political of law, politics and history”: how might influence over the court process is inevitable” the influence of history and politics means. ANSWER 2A: complicate (and slow down) the progress Students could discuss how Cambodian officials who of international law? might have had links with the Khmer Rouge could fear being prosecuted, or be concerned that the parameters ANSWER 2B: of the prosecutions might change to include different Students could reflect on how history and the passing of levels of offence. time could affect how events are viewed, e.g. memory of events might change, more evidence could come Another issue to reflect upon is the court’s narrow to light, and new analysis internally could reveal new mandate, which is to explore the atrocities committed evidence. The international legal process has a narrow from 1975–1979. However, other instances of violence focus, and historical perspectives could put pressure on paved the way for the Khmer Rouge, including the this narrowness, forcing other issues into the limelight. US bombing of Cambodia, American funding of the International law might seem out of step with a historical corrupt and brutal Lon Nol regime that overthrew Prince analysis of events. Sihanouk, and the Chinese support of the Khmer Rouge throughout its existence. It can be hard, at

38 3. In the clip “Court controversy”, Sophal Ear describes the court as a “mechanism for sensitising people” and a “tool for reconciliation”, while Peter Maguire suggests that the court might generate a degree of “historical accountability”. (This question should be an either/or with Question 4, p.9 as there is repetition.

QUESTION 3a: What do these ideas in an official, recorded way that will build a more accurate sense of history. This is discussed in the mean, and how do they help to explain clip as being important especially as many younger the complexity of the court’s role in Cambodians do not believe the extent of the atrocities. contemporary Cambodian society? (Due to the secrecy of the regime, its removal of the educated classes, and re-education of children, an accurate sense of history was buried)

Watch the clip: Court Controversy These ideas show that the court’s function is also symbolic. While the ECCC is trying perpetrators it is also important to be seen to be trying them, so that people can start to make sense of events. There is hope ANSWER 3A: this will move the country forward. A “mechanism for sensitising people” i.e. making them more receptive to the stories of past atrocities. Greater sensitivity could lead to greater empathy, and perhaps (Section continues on next page) survivors and perpetrators could begin to understand each other better.

A “tool for reconciliation” i.e. recognising that both survivors and lower-level perpetrators were in a sense ‘victims’ of the same system.

“Historical accountability” refers to the fact that the trials leave a record, e.g. the testimonies and photographs and other evidence gathered. Some elements of the regime will therefore be shown to be held accountable

39 4. Karim Khan, a British-based QC who was one of Rob’s lawyers, argues for the importance of international justice. Sophal Ear, a Cambodian historian, is more critical of the process as it has unfolded in Cambodia.

QUESTION 4a: How do the comments leader, also died before he was ever held accountable aspects of the ECCC process. for his crimes. Furthermore, Ear feels that rather than being a made by Karim Khan in the following clip ‘deterrent’ against further atrocity, the ECCC is corrupt, and Sophal Ear’s within the New York Students could then reflect on a conflict between the and hijacked to pursue domestic and international Times article differ? two speakers. Khan states a founding principle of law agendas. His argument also critiques lawyers such as that they could analyse: “no single individual can have Khan, suggesting that they are careerist, and patronise impunity through their wealth or power.” Therefore, the Cambodians by coming to “show them how justice the very fact of a court gives hope to the weak and can be done” whereas the trial is marred by “corruption, Watch the clip: Court Controversy disenfranchised that there will eventually be justice, lack of judicial independence and shattered integrity”. and sets in place legal structures can be built on by Students should, again, unpack these positions—and others. Ear argues against this, noting that one guilty reflect also on the costs of the court and whether as Ear Important Links: verdict (Duch’s verdict) after the time and money suggests, the money could well be spent elsewhere in involved cannot be considered justice and was in fact a such a poor country. See also the following article by Sophal Ear: “domestic and international farce”. He notes that rather http://www.nytimes.com/2010/03/18/opinion/18iht- than feeling comforted as Khan suggests by the rule edear.html of law, many Cambodians would perceive the courts as ineffectual. Students could consider what position ANSWER 4A: they would take, that is, whose argument do they agree Students should contrast and compare the with, or if there some kind of compromise between the statement in the two research resources. positions possible.

They could consider some of the limitations both Khan As a Cambodian, Ear understands and sympathises and Ear refer to. Khan argues that such international with the widespread belief in Cambodia that the karmic courts are limited in what they can achieve and that notion of justice could be more effective, i.e. that they do not turn back the clock or bring victims back to justice will be achieved in the next lifetime. Students life. Ear in effect agrees with this, but goes further and could consider the cultural complexity of holding a is more critical, saying that “justice delayed is justice Western-based legal process in a Buddhist country. denied”. His own Grandmother is an example—she Some Cambodians however clearly support the idea of died before the trials began. Pol Pot, the Khmer Rouge international law and justice even if they are critical of

40 New Zealand/Cambodian relations

and its allies as enemies of the Khmer Rouge. However, crimes against humanity in the years 1975–1979, their Foreign Policy as a consequence of a series of political shifts, the recognition by the UN, and the support of the US and , along with other members of the SEATO other nations, is difficult to understand or accept. New In the latter half of the 20th century, New Zealand’s alliance, ended up supporting and protecting Pol Pot Zealand historian Anthony Smith argues that New foreign policy towards Cambodia was defined by its and the Khmer Rouge in the years of civil war following Zealand’s position regarding the political recognition commitment to two regional, multi-national agreements: the collapse of the Khmer Rouge regime in 1979. of the Khmer Rouge as representatives of Cambodia the Southeast Asia Treaty Organisation (SEATO) and was highly “ambivalent”: “On one hand, New Zealand the Association of Southeast Asian Nations (ASEAN). While the Khmer Rouge and its leaders aligned officially supported the ASEAN policy of recognizing In addition, New Zealand’s policies were influenced themselves with communist Vietnam during the years the Khmer Rouge as the legitimate representatives of by its relations with other Western nations, particularly of the Vietnam war, relations between Cambodia and Kampuchea until 1982, when the Khmer Rouge became the US—to which it was bound by the military co- Vietnam deteriorated during the years of the Khmer part of a wider anti-Vietnamese coalition. On the other operation treaty ANZUS (America–New Zealand–United Rouge regime, leading to border skirmishes and the hand, the documents show that New Zealand’s political States). Both SEATO (established in 1954) and ASEAN collapse of diplomatic relations. Vietnam consequently leaders were unhappy affording support to the Khmer (established in 1967) sought to promote economic and provided backing for an anti-Khmer Rouge force, Rouge and were adamant that the Khmer Rouge should political stability in Southeast Asia through regional known as the Kampuchean National United Front for not be returned to power in Kampuchea.” agreements which tied participating nations to Western National Salvation. Operating under the name of this powers. A key tenet of both associations was to prevent organisation, Vietnam invaded and occupied Cambodia, the spread of communism in Southeast Asia. forcing the Khmer Rouge into hiding. At this point, because the Khmer Rouge was effectively at war with Trade New Zealand’s commitment to SEATO reflected its Vietnam, they gained the political support of China, the ongoing allegiance to the United States, and willingness US and other western nations, including New Zealand. Since the 1980s, New Zealand has pursued bi-lateral to follow American policy in relation to the Asia region. trade relations with Cambodia, as part of a broader eco- This alliance saw New Zealand contribute troops to Citing the Vietnamese takeover of Cambodia as an nomic policy relating to Association of Southeast Asian the American campaign during the Cold War conflicts illegal occupation, the US and China put pressure Nations (ASEAN). ASEAN is a regional economic and in Korea and Vietnam. American anti-communism on the United Nations (UN) to recognise the Khmer political alliance established in 1967 between Indone- initiatives in the region during this period, including the Rouge, then operating as a pro-Cambodian resistance sia, Malaysia, the Philippines, Singapore, and Thailand, carpet-bomb attacks on the Cambodian/Vietnam border movement, as the legitimate representative of which subsequently expanded to include ten countries and support for the military coup by anti-communist Cambodia. Given that the Khmer Rouge were from the region. Cambodia did not join the association Marshal Lon Nol, clearly positioned the United States undoubtedly responsible for genocide and other until 1999, because of internal political instability.

41 Important Links: QUESTION 1: Read the following QUESTION 2: Consider how the Hamill

For more information on ASEAN and New Zealand’s two articles. What do you think New family must have felt knowing the trade relations, see the following site: Zealand’s position towards Cambodia New Zealand government was backing http://www.asean.fta.govt.nz/cambodia-foreign- and the Khmer Rouge in the crucial a regime that had killed Kerry. What relations/ decade cited? moral dilemmas do the complexities of international relations raise?

Refugees Anthony Smith ‘The Devil you know: New Zealand’s recognition policy towards Cambodia from 1978–1990’ During the years of the Khmer Rouge regime, hundreds New Zealand Journal of History, 33, 2, (1999) Watch the clip: After the Khmer Rouge of thousands of Cambodians became refugees, fleeing http://www.nzjh.auckland.ac.nz/docs/1999/ across the border to Thailand. From 1979 onward, New NZJH_33_2_05.pdf Zealand was part of an international response to the ANSWER 2: Cambodia refugee crisis in Thailand. Between 1979 Paul Bellamy ‘After the killing fields: Paul Bellamy It would have been devastating to the Hamill family to and 1994, 4,661 Cambodian refugees were resettled in reviews New Zealand’s approach to Cambodia from have known that their own Government backed the New Zealand, and given permanent residency. While 1979 to 1989’. New Zealand International Review regime that murdered Kerry. As a US ally at the time, a percentage of this group subsequently relocated to (Jan–Feb, 2008) New Zealand allied itself with America’s support of Australia or elsewhere, the Cambodian community http://findarticles.com/p/articles/mi_6991/is_1_33/ the former Khmer Rouge (which had regrouped as an in New Zealand has grown, reaching almost 7,000 ai_n28477006/ anti-Vietnamese resistance movement) after Vietnam in 2006, according to the national census. Although entered the country. Rob talks about how his father New Zealand’s Cambodian community remains was incredulous that the New Zealand Government small, its members have established cultural groups, ANSWER 1: continued to support the regime well into the 80s after associations, and Buddhist temples in the main centres, what had been done to Kerry and others was well which have helped to increase the population’s visibility Students should read, and summarise these articles, known. and maintain traditional cultural and religious practices. charting the changes in New Zealand’s position, and what the influences on decision-making might be (for New Zealand had relationships with pro-Western Man Hau Liev and Rosa Chhun. ‘Cambodians — example, relationship to a Western alliance, moral Southeast Asian nations through treaties such as Fitting in: work, community and culture’, Te Ara - the concerns, precedents taken by other countries and so SEATO which meant that it was committed to following Encyclopedia of New Zealand, updated 4-Mar-09 on). They could explore the differences, if any, between the positions taken by the two writers. the lead of the United States. Thus New Zealand supported wars in Vietnam and Korea which were waged against Communist Governments. However when the Vietnamese forces invaded Kampuchea, the West in fact supported the Communist Khmer Rouge which was in effect at war with Vietnam. The wider conflicts and the Cold War meant that the conflict in Cambodia could not be viewed in isolation. This

42 effectively forced the Government into supporting a regime that morally would have been unpalatable in a Watch the clip: Testimonies different context.

ANSWER 3: EXTENSION: Students could research into another Students should first explore New Zealand’s obligation contemporary conflict that results in similar sets of under the Convention Relating to the Status of dilemmas for a small nation-state like New Zealand. Refugees, citing issues such as the right to seek These could include the conflicts in Iraq and in asylum, numbers of refugees accepted, and family Afghanistan. Do students think that New Zealand reunion policy. can afford to have an ‘independent foreign policy’ or should it join with the efforts and interests of its They could discuss challenges facing refugees—these ‘traditional’ allies? How would increasing tensions would include having experienced and witnessed between the US and China play out for New events that they may not be able to share easily with Zealand? other people; being traumatised by separations and losing loved ones; being forced to leave their homes In their research, students should consider issues and work; living in refugee camps; and the additional such as trading interests, human rights issues, challenges of adapting to a new culture and country treaties, and wider political alliances. after immigrating, including finding work and possibly having to learn a new language.

Students could explore social attitudes towards QUESTION 3: Using information in the refugees and analyse current attitudes. The increasing use of terms such as ‘queue-jumpers’ and ‘economic following website and clip, consider refugees’, sometimes by politicians, have proven the kinds of challenges Cambodian controversial. What is meant by these terms? immigrants would face coming to New Zealand. What kinds of additional stresses would political refugees experience? http://www.teara.govt.nz/en/cambodians/

43

Brother Number One