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Foreign Affairs Record
1996 January Volume No XLII No 1 1995 CONTENTS Foreign Affairs Record VOL XLII NO 1 January, 1996 CONTENTS BRAZIL Visit of His Excellency Dr. Fernando Henrique Cardoso, President of the Federative Republic of Brazil to India 1 External Affairs Minister of India called on President of the Federative Republic of Brazil 1 Prime Minister of India met the President of Brazil 2 CAMBODIA External Affairs Minister's visit to Cambodia 3 Visit to India by First Prime Minister of Cambodia 4 Visit of First Prime Minister of Cambodia H.R.H. Samdech Krom Preah 4 CANADA Visit of Canadian Prime Minister to India 5 Joint Statement 6 FRANCE Condolence Message from the President of India to President of France on the Passing away of the former President of France 7 Condolence Message from the Prime Minister of India to President of France on the Passing away of the Former President of France 7 INDIA Agreement signed between India and Pakistan on the Prohibition of attack against Nuclear Installations and facilities 8 Nomination of Dr. (Smt.) Najma Heptullah, Deputy Chairman, Rajya Sabha by UNDP to serve as a Distinguished Human Development Ambassador 8 Second Meeting of the India-Uganda Joint Committee 9 Visit of Secretary General of Organisation for Economic Cooperation and Development (OECD) to India 10 IRAN Visit of Foreign Minister of Iran to India 10 LAOS External Affairs Minister's visit to Laos 11 NEPAL Visit of External Affairs Minister to Nepal 13 OFFICIAL SPOKESMAN'S STATEMENTS Discussion on Political and Economic Deve- lopments in the region -
Ieng Thirith ! * I
KRT TRIAL MONITOR Case%002%■%Special%Report:%Ieng%Thirith’s%Fitness%to%Stand%Trial%■%December%2012% % % % % % % % % Case%of%Ieng%Thirith,%Nuon%Chea,%Khieu%Samphan%and%Ieng%Sary% Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center It is a complete a fantasy for this Court or, indeed, anyone to imagine for one minute that there is going to be any improvement in the mental health of the respondent such that will allow her to stand trial. -- Diana Ellis, International Defense Counsel for Ieng Thirith ! * I. OVERVIEW AIJI is publishing this report as a separate addendum to the regular weekly monitoring report in order to discuss the 13 November 2012 appeal hearing before the Supreme Court Chamber (SCC) on Accused Ieng Thirith’s unconditional release from detention.1 This report describes and analyzes the Chamber’s decision, released on 14 December 2012, to agree to most parts of the Appeal.2 In addition, this report’s attention to the SCC’s 13 November hearing and subsequent decision builds on the detailed summary and analysis found in the AIJI “Special Report on Ieng Thirith’s Fitness to Stand Trial,” which was published in November.3 Ieng Thirith, alias “Phea,” was indicted on 10 September 2010 for crimes against humanity, genocide, and grave breaches of the Geneva Conventions of 1949. On 21 February 2011, however, Ieng Thirith’s Defense Team filed for assessment of her fitness to stand trial.4 On 17 November 2011, after multiple hearings and expert evaluations, the Trial Chamber found Ieng Thirith unfit to stand trial on the basis of a mental condition.5 The Chamber severed her case !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 The Supreme Court Chamber is made up of the following: Mr. -
China, Cambodia, and the Five Principles of Peaceful Coexistence: Principles and Foreign Policy
China, Cambodia, and the Five Principles of Peaceful Coexistence: Principles and Foreign Policy Sophie Diamant Richardson Old Chatham, New York Bachelor of Arts, Oberlin College, 1992 Master of Arts, University of Virginia, 2001 A Dissertation presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Department of Politics University of Virginia May, 2005 !, 11 !K::;=::: .' P I / j ;/"'" G 2 © Copyright by Sophie Diamant Richardson All Rights Reserved May 2005 3 ABSTRACT Most international relations scholarship concentrates exclusively on cooperation or aggression and dismisses non-conforming behavior as anomalous. Consequently, Chinese foreign policy towards small states is deemed either irrelevant or deviant. Yet an inquiry into the full range of choices available to policymakers shows that a particular set of beliefs – the Five Principles of Peaceful Coexistence – determined options, thus demonstrating the validity of an alternative rationality that standard approaches cannot apprehend. In theoretical terms, a belief-based explanation suggests that international relations and individual states’ foreign policies are not necessarily determined by a uniformly offensive or defensive posture, and that states can pursue more peaceful security strategies than an “anarchic” system has previously allowed. “Security” is not the one-dimensional, militarized state of being most international relations theory implies. Rather, it is a highly subjective, experience-based construct, such that those with different experiences will pursue different means of trying to create their own security. By examining one detailed longitudinal case, which draws on extensive archival research in China, and three shorter cases, it is shown that Chinese foreign policy makers rarely pursued options outside the Five Principles. -
The Role of Procedural Justice in International Tribunals
THE ROLE OF PROCEDURAL JUSTICE IN INTERNATIONAL TRIBUNALS: A STUDY OF SIX INTERNATIONAL TRIBUNALS AND THEIR PROSECUTION OF PERPETRATORS OF GENOCIDE by ALEXIS ANNE POSTON ADAM LANKFORD, COMMITTEE CHAIR RICHARD C. FORDING STEVEN L. JACOBS ARIANE PROHASKA A THESIS Submitted in partial fulfillment of the requirements for the degree of Master of Science in the Department of Criminal Justice in the Graduate School of The University of Alabama TUSCALOOSA, ALABAMA 2017 Copyright Alexis Anne Poston 2017 ALL RIGHTS RESERVED ABSTRACT Genocide studies have recently become an academic phenomenon. However, it is a field that is lacking a criminological perspective. In retrospect, one finds that the field of criminology has also largely neglected to study the crime of genocide. This study attempts to close this gap by adding to the current, yet limited, research regarding procedural justice in international tribunals aimed at prosecuting perpetrators of genocide. This study uses Tom Tyler’s (1990) theory of procedural justice, focusing on three of the primary principles (1) voice, (2) neutrality in decision-making, and (3) trustworthy actions and concern for those without power to analyze the arguments of fair and just tribunals that followed six of the world’s largest genocides. The six tribunals included are the Turkish Military Tribunal that followed the Armenian genocide, the International Military Tribunal of the Nuremberg Trials which followed the Holocaust, the first court that followed the Indonesian genocide, the Extraordinary Chambers in the Courts of Cambodia which followed the Cambodian genocide, the International Criminal Tribunal for the former Yugoslavia that followed the ethnic cleansing in Yugoslavia, and the International Criminal Tribunal for Rwanda that followed the Rwandan genocide. -
Recent Developments at the Extraordinary Chambers in the Courts of Cambodia
REPORT Recent Developments at the Extraordinary Chambers in the Courts of Cambodia February 2012 THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA has been shaken by the battle over the appointment of International Co-Investigating Judge Laurent Kasper-Ansermet, even as the court achieves important milestones, including issuing a final verdict in its first case and opening substantive hearings in its second. This report examines these recent events, as well as the continuing controversy over Cases 003/004, and offers recommendations for action by the UN, the Royal Government of Cambodia, and donors to the court. This report is part of a series issued by the Open Society Justice Initiative examining progress, priorities, and challenges at the ECCC. Other Justice Initiative reports and publications on the ECCC can be found at http://www.soros.org/initiatives/justice/focus/international_justice/articles_publications/sub_listing. COPYRIGHT © 2012 BY THE OPEN SOCIETY FOUNDATIONS. ALL RIGHTS RESERVED. I. EXECUTIVE SUMMARY AND RECOMMENDATIONS There have been many significant developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) since the Open Society Justice Initiative’s last update on the court, issued in November 2011. These developments—examined in this report—include the issuing of a final verdict in Case 001, the opening of substantive hearings in Case 002, and the continuing controversy over Cases 003/004, including the ongoing battle over the appointment of International Co-Investigating Judge Laurent Kasper-Ansermet. -
Conflicts in Cambodian Society and Challenges Ahead
Cambodia: From War To Peace Presentation by Sopheak OK SEREI, COPCEL Facilitator, at Tokyo Peacebuilders Symposium “Peacebuilding Experience and Knowledge From Asia to the World” and Challenges Ahead March 24, 2008 OSS/Tokyo Symposiumo/240308 Outline 1. Country & history background 2. The first initiatives of the Peace Movement and the role of Buddhism 3. CDRI inititaives 4. COPCEL Phase One (1999-2003) and Phase Two (2005-2008) 5. Application of the Culture of Dialogue to resolve political crisis 6. Conclusion OSS/Tokyo Symposiumo/240308 513 115 sq km 65 M GDP:$177 billion; pc: $2,749 - 181 035 sq km - 14 M - 28 years of war -Around 1.7 M died during KR regime -1991: Paris Peace Agreement 331 690 sq km -1993: Successful Election by UNTAC 85 M -Constitutional Monarchy Regime GDP: $50 billion; pc: $630 -GDP: $6.2 billion; per capita: $439 OSS/Tokyo Symposiumo/240308 WhatWhat diddid UNUN leaveleave behindbehind afterafter 1993?1993? - A successful election - The birth of a new Democratic State - A strong commitment to initiate a Human Rights Culture b Blossoming of HR & Advocacy NGOs ...but - An unfinished business on the Khmer Rouge b Armed Conflicts on July 5-6 1997 - The Ieng Sary faction surrendered to RGC in August 1996 - The KR Tamok faction surrendered to RGC in December 1998 OSS/Tokyo Symposiumo/240308 Peace Initiatives in Cambodia He died in March 13, 2007 In fact started before HR movements, with Samdech Maha Ghosananda and Dhammayietra (Peace March) DY1 April 1992 to DY11 March 2001 NIWANO Peace Price, Tokyo May 9, 1998 The movement continues till now...................... -
The Court Report
The Court Report SEPTEMBER 2012 The Extraordinary Chambers in the Courts of Cambodia Moving Forward Through Justice Kaing Guek Eav sentenced to life in prison Special Edition Ieng Thirith, minister of social affairs under the Khmer Rouge regime, is released from provisional detention. Ieng Thirith Released from Provisional Detention Former Khmer Rouge minister Ieng Thirith was Prosecutors, the Supreme Court Chamber ordered released on 16 September from the detention that she undergo additional treatment recom- facility of the Extraordinary Chambers in the Courts mended by medical experts and that her condition of Cambodia under conditions, following a ruling be reassessed within six months. On 13 Septem- by the President of the ECCC’s Supreme Court ber, the chamber reaffirmed its earlier ruling that Case 002: Release of Ieng Thirith Chamber. Her release is an interim measure while Ieng Thirith is unfit to stand trial due to her de- In this issue the Supreme Court Chamber considers the merits mentia, most likely Alzheimer’s disease. In view of of an appeal lodged by the Co-Prosecutors against her mental state, which rendered her incapable of the Trial Chamber’s decision to release Ieng Thirith understanding or complying with conditions, the FAQs on her unconditionally. Trial Chamber ordered that she be released with 2 release Three days earlier, on 13 September, the Trial no coercive conditions. However, it acceded to Chamber delivered its decision reassessing the some of the Co-Prosecutors’ requests by per- 4 Overview of proceedings fitness to stand trial of the accused. In November mitting certain administrative measures to accom- 2011, the Trial Chamber had found Ieng Thirith pany her release. -
Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart
Coventry University Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart McGrew, L. Submitted version deposited in CURVE January 2014 Original citation: McGrew, L. (2011) Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart. Unpublished PhD Thesis. Coventry: Coventry University. Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. CURVE is the Institutional Repository for Coventry University http://curve.coventry.ac.uk/open Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart by Laura McGrew A thesis submitted in partial fulfilment of the University’s requirements for the degree of Doctor of Philosophy Coventry University Centre for the Study of Peace and Reconciliation Coventry, United Kingdom April 2011 © Laura McGrew All Rights Reserved 2011 ABSTRACT Under the brutal Khmer Rouge regime from 1975 to 1979 in Cambodia, 1.7 million people died from starvation, overwork, torture, and murder. While five senior leaders are on trial for these crimes at the Extraordinary Chambers of the Courts of Cambodia, hundreds of lower level perpetrators live amongst their victims today. This thesis examines how rural Cambodians (including victims, perpetrators, and bystanders) are coexisting after the trauma of the Khmer Rouge years, and the decades of civil war before and after. -
Ggácmnmucrmhvisambaøkñú
01065520 E1/259.1 ŪĮйŬď₧şŪ˝˝ņįО ď ďijЊ ⅜₤Ĝ ŪĮйņΉ˝℮Ūij GgÁCMnMuCRmHvisamBaØkñúgtulakarkm <úCa Kingdom of Cambodia Nation Religion King Extraordinary Chambers in the Courts of Cambodia Royaume du Cambodge Chambres Extraordinaires au sein des Tribunaux Cambodgiens Nation Religion Roi Β₣ðĄеĕНеĄŪņй⅜ŵřеĠР₣ Trial Chamber Chambre de première instance TRANSCRIPT OF TRIAL PROCEEDINGS PUBLIC Case File Nº 002/19-09-2007-ECCC/TC 9 February 2015 Trial Day 240 Before the Judges: NIL Nonn, Presiding The Accused: NUON Chea YA Sokhan KHIEU Samphan Claudia FENZ Jean-Marc LAVERGNE YOU Ottara Lawyers for the Accused: Martin KAROPKIN (Reserve) Victor KOPPE THOU Mony (Reserve) SUON Visal KONG Sam Onn Anta GUISSÉ Trial Chamber Greffiers/Legal Officers: SE Kolvuthy Roger PHILLIPS Lawyers for the Civil Parties: Marie GUIRAUD LOR Chunthy For the Office of the Co-Prosecutors: VEN Pov Nicolas KOUMJIAN SENG Leang Dale LYSAK For Court Management Section: UCH Arun SOUR Sotheavy 01065521 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 I N D E X MS. ELIZABETH BECKER (2-TCE-97) Questioning by the President .......................................................................................................... page 3 Questioning by Judge Lavergne ................................................................................................... page 10 Questioning by Mr. Seng Leang ................................................................................................... page 66 Questioning by Mr. Koumjian ........................................................................................................ page 82 Page i 01065522 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 List of Speakers: Language used unless specified otherwise in the transcript Speaker Language MS. BECKER (2-TCE-97) English MR. -
Authoritarian Politics and the Outcome of Nonviolent Uprisings
Authoritarian Politics and the Outcome of Nonviolent Uprisings Jonathan Sutton Thesis submitted for the degree of Doctor of Philosophy National Centre for Peace and Conflict Studies/Te Ao o Rongomaraeroa University of Otago/Te Whare Wānanga o Otāgo July 2018 Abstract This thesis examines how the internal dynamics of authoritarian regimes influence the outcome of mass nonviolent uprisings. Although research on civil resistance has identified several factors explaining why campaigns succeed or fail in overthrowing autocratic rulers, to date these accounts have largely neglected the characteristics of the regimes themselves, thus limiting our ability to understand why some break down while others remain cohesive in the face of nonviolent protests. This thesis sets out to address this gap by exploring how power struggles between autocrats and their elite allies influence regime cohesion in the face of civil resistance. I argue that the degeneration of power-sharing at the elite level into personal autocracy, where the autocrat has consolidated individual control over the regime, increases the likelihood that the regime will break down in response to civil resistance, as dissatisfied members of the ruling elite become willing to support an alternative to the status quo. In contrast, under conditions of power-sharing, elites are better able to guarantee their interests, thus giving them a greater stake in regime survival and increasing regime cohesion in response to civil resistance. Due to the methodological challenges involved in studying authoritarian regimes, this thesis uses a mixed methods approach, drawing on both quantitative and qualitative data and methods to maximise the breadth of evidence that can be used, balance the weaknesses of using either approach in isolation, and gain a more complete understanding of the connection between authoritarian politics and nonviolent uprisings. -
ECCC, Case 002/01, Issue 46
KRT TRIAL MONITOR Case 002 ■ Issue No. 46 ■ Hearing on Evidence Week 41 ■ 11-14 December 2012 Case of Nuon Chea, Khieu Samphan and Ieng Sary Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center My husband believed and was totally convinced that the communist regime would not harm unto its people; therefore, we stayed and remained stuck in hell. - Civil Party Denise Affonço * I. OVERVIEW This week, the Court finished hearing the testimony of Mr. Hun Chhunly and heard the complete testimonies of Witness Phan Van and Civil Party Denise Affonço. The Court also began hearing the testimony of Mr. Suon Kanil on Friday, who will resume his testimony next week. The examination of Witnesses Phan Van and Suon Kanil, who both served as telegram decoders in the DK period, offered a glimpse into the communication structures of the regime, especially telegram communication. The Civil Party offered a captivating and at times heart-wrenching description of her experience under the Khmer Rouge, especially during the first and second phases of evacuation. This week was also filled with unprecedented courtroom drama. First, international counsel for Nuon Chea, Mr. Andrew Ianuzzi, objected to Judge Jean-Marc Lavergne’s questions to the Witness Phan Van, prompting a ruling that counsel may not object to questions posed by members of the bench. In what became the defining moment of this week’s proceedings, Ianuzzi was expelled and escorted from the courtroom for repeatedly ignoring the Trial Chamber’s warnings about his conduct throughout his examination of Phan Van. -
Prosecuting the Khmer Rouge Views from the Inside
Prosecuting the Khmer Rouge Views from the Inside Content 1 Introduction Ratana Ly 2 Historical Background 3 The ECCC 4 The Different Actor Groups and their Relations to the ECCC 5 Patterns, Dynamics, Drivers of Acceptance and Rejection of the ECCC 6 Conclusion Prosecuting the Khmer Rouge: Views from the Inside Prosecuting the Khmer Rouge: Views from the Inside Ratana Ly1 ‘Justice, peace and democracy are not mutually exclusive objectives, but rather mutually reinforcing imperatives’ (United Nations Secretary General 2004). 1. Introduction Out of Cambodia’s total population of approximately 7 to 8 million, it is estimated that 1.5 to 2 million died of starvation, disease, and execution during the reign of the Democratic Kampuchea (DK) regime, which lasted from 17 April 1975 to 6 January 1979 (Kiernan 1996, 456-460). Following the fall of the DK (also known as the Khmer Rouge Regime), ‘a truth commission, lustration policies, amnesty programmes, and domestic or international trials were all considered or attempted’ to provide justice and peace for Cambodians (Ciorciari and Heindel 2014, 14). Out of these responses, the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid court established jointly by Cambodia and the United Nations (UN) is the only internationally recognised judicial mechanism established to address Khmer Rouge crimes.2 The ECCC is, however, the product of a political compromise, resulting from protracted negotiations between the Cambodian government and the UN, whose relationship was characterised by ‘bitter