The Sorbonne, Khieu Samphan, and the 'Pol Pot International'
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Recent Developments at the Extraordinary Chambers in the Courts of Cambodia August, 2019 Recent Developments at the Extraordinary Chambers in the Courts of Cambodia
BRIEFING PAPER Recent Developments at the Extraordinary Chambers in the Courts of Cambodia August, 2019 Recent Developments at the Extraordinary Chambers in the Courts of Cambodia Case 002/2: Death of Nuon Chea Nuon Chea, popularly known as “Brother No. 2” to indicate his position as second only to Pol Pot in command of the Khmer Rouge, died at the age of 93 on August 4, 2019 at the Khmer-Soviet Friendship Hospital. He had been convicted as a senior leader of the Khmer Rouge of war crimes, crimes against humanity, and genocide. The Supreme Court Chamber affirmed a 2014 Trial Chamber Judgment in 2016. A second Trial Chamber Judgment, issued with full reasoning in March 2019, was on appeal to the Supreme Court when Nuon Chea died. He was sentenced to life in prison under both judgments. Only the second judgment included charges of genocide. The second trial against Nuon Chea, with Khieu Samphan as his co-accused, was the most far-reaching of the court, covering crimes committed at a number of cooperatives, worksites, security centers, and execution sites across the country. The trial lasted 24 months and included the testimony of 185 people and over 5,000 evidentiary documents. Unlike the first trial, the second included genocide charges. Nuon Chea and Khieu Sampan were judged guilty of genocide with respect to Vietnamese populations and Nuon Chea was additionally found guilty of genocide with respect to Cham Muslims. The Trial Chamber Judgment, the most extensive in the court’s history, covered over 2,300 pages in English. Two days after -
General Assembly Distr.: General 18 September 2020
United Nations A/75/242 General Assembly Distr.: General 18 September 2020 Original: English Seventy-fifth session Agenda item 141 Proposed programme budget for 2021 Request for a subvention to the Extraordinary Chambers in the Courts of Cambodia Report of the Secretary-General Summary In his previous request for a subvention to the Extraordinary Chambers in the Courts of Cambodia (A/74/359), the Secretary-General identified progress made in the judicial work across all sets of proceedings before the Extraordinary Chambers in the Courts of Cambodia. The Secretary-General also highlighted the continuing financial challenges facing both the international and national components of the Extraordinary Chambers and requested the approval of a subvention of up to $8.5 million for the year 2020. By its resolution 74/263 A, the General Assembly authorized the Secretary- General, as an exceptional measure, to enter into commitments in an amount not exceeding $7 million to supplement the voluntary financial resources of the international component of the Extraordinary Chambers for the period from 1 January to 31 December 2020, and requested the Secretary-General to report on the use of the commitment authority in the context of his next report. In the present report, the Secretary-General outlines the judicial progress of the Extraordinary Chambers since the issuance of the previous report, provides a projection regarding the anticipated use of the commitment authority for 2020, presents information on the proposed budget of the Chambers for 2021 and seeks the approval by the Assembly of an appropriation for a subvention for the international component of the Chambers in the amount of $8.5 million for 2021. -
ECCC, Case 002/01, Issue 72
KRT TRIAL MONITOR Case 002 ■ Issue No. 72 ■ Hearing on Closing Statements Week 3 ■ 28-31 October 2013 Case of Nuon Chea and Khieu Samphan * Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center They had the temerity to say that the policy program was not unusual or unreasonable, and certainly not unlawful. It was unlawful.1 - Keith Raynor, prosecutor I. OVERVIEW Over the course of three days this week, the Trial Chamber concluded the final hearings of Case 002/01. After 64 weeks of evidentiary hearings and 2 weeks of closing statements, this week brought the case to a close, with the conclusion of closing statements from the Khieu Samphan defense, responses to both defense teams’ rebuttals from the Civil Parties and the Co-Prosecutors, and rare final statements from the Co-Accused themselves. The Khieu Samphan defense started the week with their continued depiction of their client as a popular but powerless figure in the DK regime. Lawyers for the Civil Parties followed the next day with an aggressive reaction to the defense teams’ dismissal of victims’ painful experiences. Prosecutors then sought to establish the legal basis for convictions of the co- Accused for their alleged involvement in a joint criminal enterprise, which directed two forced population movements, as well as the execution of former Khmer Republic officials at Tuol Po Chrey. The Co-Accused and their lawyers spent the final day of hearings responding to these assertions one last time before the Trial Chamber adjourned to determine a verdict. -
ANNEX 4: KHIEU SAMPHAN CHRONOLOGY [With Evidentiary Sources]
00948464 E295/6/1.4 ANNEX 4: KHIEU SAMPHAN CHRONOLOGY [With Evidentiary Sources] Date Fact Source 27 July 1931 Khieu Samphan was born at Commune of Rom (1) E3/557, Khieu Samphan OCIJ Statement, 19 November 2007, at ENG 00153266, KHM 00153228, FRE 00153296; Chek, District of Rom Duol, Srok Rumduol, Svay (2) E1!21.1, Transcript, 13 December 2012, Khieu Samphan, 13.58.25; Rieng Province to his parents Khieu Long and Ly (3) E3/110, Sasha Sher, The Biography 0/ Khieu Samphan, at ENG 00280537, KHM Kong. 00702682, FRE 00087511; (4) E3/27, Khieu Samphan OCIJ Statement, 13 December 2007, at ENG 00156741. 1944 -1947 Khieu Samphan attended Preah Sihanouk College (1) E3/9, Philip Short, Pol Pot: The History 0/ a Nightmare, at ENG 00396223-26, FRE 00639487-91; in Kampong Cham one year behind Saloth Sar. (2) E3/713, Khieu Samphan Interview, January 2004, at ENG 00177979, KHM Khieu Samphan and Saloth Sar alias Pol Pot 00792436-37, FRE 00812131; organized for a theatre troupe to tour the provinces to (3) El!189.1, Transcript, 6 May 2013, Philip Short 09.24.24 to 09.26.54; (4) E1!21.1, Transcript, 13 December 2012, Khieu Samphan,14.03.34 to 14.05.20; raise money for them to visit the temples of Angkor (5) E3/2357R, Video Entitled "Pol Pot: The Journey to the Killing Fields," 2005, 06:04 to Wat. 06: II. 1946 Khieu Samphan, since 1946, had been actively E3/111, Ieng Sary Interview, 31 January 1972, at ENG 00762419, KHM 00711435-36, FRE 00738627. -
Part II Current Condition and Prospects
Part II Current Condition and Prospects Chapter 1 Overview of Present State of Cambodia Part II Chapter 1 Section 1. Politics Section 1. Politics Yukio IMAGAWA 1. Good governance about 20 years. Although the peace process had many problems, it constituted the basis for the present politi- This paper deals with the state and problems of cal situation. In the following sections, the peace pro- Cambodia’s politics as a prelude to the discussion of cess, and then developments in Cambodia’s internal af- “good governance,” a key issue in development assis- fairs and its external relations in recent years after peace tance to that war-ravaged country. However, it is first was established are reviewed. necessary to look briefly at what “good governance” is from the viewpoint of politics. 2. The Cambodian peace process Although “good governance” is not necessarily syn- onymous with “good government,” it can be simply de- Cambodia once enjoyed peace under the policy of fined as “good governing by good government.” “Good neutrality promulgated by Prince Norodom Sihanouk, government” is often said to be tantamount to “cheap who was adored by the people as the father of indepen- government” or “small government” in terms of reduc- dence. But after March 1970, when Lieutenant General ing the financial burden on the public. But this is only Lon Nol overthrew Prince Sihanouk in a coup d’état, one aspect of good government. What matters most is Cambodia was turned into a killing field during a civil that good governance is conducted by a democratic gov- war that lasted about 20 years. -
In Cambodia by Khieu
Umeraevelopmen~ in Cambodia by Khieu . -.-\ cflt+i Samphan Introduction Khieu Samphan's doctoraE thesis,* completed in Paris in Cambdia6s position in the world trade system. At the same 1959, was the first systematic application of Marxist economic time, the conditions he had analyzed in his thesis grew steadily theory to the specific problems of Cambodia. A5 such, it worse, making the need for change more acute. became a basic text for a whole generation of Cambodian Out of the cabinet, Khieu Samphan made a point of students in Paris during the 1960s. It was also widely studied familiarizing himself with peasant problems in order to defend and discussed among the left in Phnorn Penh. Foreshadowing their Interests. In 1966 he won one of the largest many of the policies that have been implemented in parliamentary majorities in the country. although Sihanouk Democratic Kampuchea, the thesis is important for its publicly opposed his reelection. But that election brought a influence on the leaders of the new government and for the conservative majority, which chose Lt. Gen. Lon Nol as light it casts on why they have adopted their present policies.* premier. Fn a draconian effort to improve the faltering economy, Lon Nol's government used the army to force peasant5 to sell rice to the government at a price lower than Khieu Samphan the cost of production, sparking a rebellion in Battambang province early in 1967'. When the army struck back, peasants burned government buildings and fled into the bush with their Born July 27, 1937, Khieu Samphan grew up in Kompong families. -
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 -
Searching for the Truth Issues 17
Searching for the truth. Magazine of Documentation Center of Cambodia Number 17, May 2001 Table of Contents Letter: Memory Exploitation ..................................1 DOCUMENTATION Vann Piny ................................................................2 Genocide Sites in Kampong Cham ..........................7 Speech of Son Sen ..................................................9 Daily Notes of a Khmer Rouge Cadre ...................13 The Shady Role of the Chinese Embassy .............15 HISTORY Voices from S-21 ...................................................20 Victims and Perpetrators ......................................23 Thai Nationals Executed at S-21 ..........................26 Quantifying Crimes Against Humanity .................28 LEGAL Evidence in the Prospective Trials .......................30 Related Crimes, Defenses.......................................33 Crimes Covered by the Draft Law .........................34 Nhem En, a photographer at S-21 PUBLIC DEBATE Copyright © The Khmer Rouge and the Vietnamese .................36 Documentation Center of Cambodia The End of the Revolution ....................................39 50 All rights reserved. Romanticizing the Khmer Rouge Revolution ......41 Licensed by the Ministry of Information of 50 Draft Law on the Establishment of Extra-Ordinary the Royal Government of Cambodia, 50 Chambers ...............................................................44 Prakas No.0291 P.M99 50 August 2, 1999. 100 FAMILY TRACING Photographs by the Documentation Center of 100 An Old -
ECCC, Case 002/01, Issue 30
KRT TRIAL MONITOR Case 002 ! Issue No. 30 ! Hearing on Evidence Week 25 ! 30-31 July, 1-2 August 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 I think my job as an advocate here is not to provide some veneer, some facade, but to actually ask probing questions. And in this instance, I'm confronting the man! That's what lawyers do. That's what I think is done at all international tribunals. And that's exactly what I intend to do. - Mr. Michael Karnavas, Ieng Sary’s international counsel * I. OVERVIEW Rochoem Ton alias “Cheam,”1 a former high-ranking cadre from the Ministry of Foreign Affairs (MFA), continued his testimony this week. He provided details on his decision to join the revolution, the evacuation of Phnom Penh, the interaction between Office 870 and the MFA, the administration of the MFA, and Ieng Sary’s powers and duties. The Defense Teams attempted to challenge Rochoem Ton’s credibility by confronting him with statements he made in previous interviews, as well as other witnesses’ statements, that were inconsistent with his testimony. After the conclusion of Rochoem Ton’s examination on Thursday, the Trial Chamber called another former MFA cadre, Mr. Suong Sikoeun, to the witness stand. Suong Sikoeun’s testimony covered several matters, including his early years as a revolutionary, some CPK policies, FUNK and GRUNK, and the roles Ieng Sary and Khieu Samphan played in these organizations. II. -
Justice for Genocide in Cambodia - the Case for the Prosecution
Genocide Studies and Prevention: An International Journal Volume 12 Issue 3 Justice and the Prevention of Genocide Article 7 12-2018 Justice for Genocide in Cambodia - The Case for the Prosecution William Smith Extraordinary Chambers of the Courts of Cambodia Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation Smith, William (2018) "Justice for Genocide in Cambodia - The Case for the Prosecution," Genocide Studies and Prevention: An International Journal: Vol. 12: Iss. 3: 20-39. DOI: https://doi.org/10.5038/1911-9933.12.3.1658 Available at: https://scholarcommons.usf.edu/gsp/vol12/iss3/7 This Conference Proceeding is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Justice for Genocide in Cambodia - The Case for the Prosecution Acknowledgements This address was prepared with the assistance of Caroline Delava, Martin Hardy and Andreana Paz, legal interns in the Office of the Co-Prosecutor. The opinions in this address are those of the author solely and reflect the concepts and essence of the address delivered at the Conference. This conference proceeding is available in Genocide Studies and Prevention: An International Journal: https://scholarcommons.usf.edu/gsp/vol12/iss3/7 Justice for Genocide in Cambodia - The Case for the Prosecution William Smith Extraordinary Chambers of the Courts of Cambodia Phnom Penh, Cambodia The Importance of Contemporaneous Documents and Academic Activism* Figure 1. -
07-31-12 CTM Blog Entry Trial
Judge Jean-Marc Lavergne questions witness Rochoem Ton at the ECCC on Tuesday. Witness Rochoem Ton Faces Questions from the Bench and Defense Teams on Third Day of Testimony By Erica Embree, JD/LLM (International Human Rights) candidate, Class of 2015, Northwestern University School of Law Trial Chamber Judge Jean-Marc Lavergne and the defense teams for Nuon Chea and Ieng Sary took their turn examining witness Rochoem Ton on Tuesday, July 31, 2012, in Case 002 against accused Nuon Chea, Khieu Samphan, and Ieng Sary at the Extraordinary Chambers in the Courts of Cambodia (ECCC). The morning proceedings were attended by 220 villagers from Kampot who left their village at 5 a.m. this morning in order to attend the proceedings. One hundred villagers from Kampong Som observed the afternoon proceedings. All parties were present in the courtroom, except Ieng Sary who continued to observe the proceedings via audio-visual equipment in his holding cell due to his health issues. Prior to giving the floor to the defense team for Nuon Chea, Trial Chamber President Nil Nonn asked the members of the bench if anyone had questions to put to Rochoem Ton. Judge Lavergne indicated he wished to examine the witness and took the floor with several questions. Judge Lavergne Questions the Witness on Khieu Samphan Judge Lavergne first asked the witness about when he first met Khieu Samphan. The witness confirmed that he met Khieu Samphan in 1971, explaining that they met when Khieu Samphan went into the military kitchen hall, and they exchanged greetings. Judge Lavergne inquired whether the witness knew about or had discussions with any of the leadership about Khieu Samphan’s role, specifically his involvement in the Royal Government of the National Union of Kampuchea (GRUNK). -
16 November 2018 Press Release NUON Chea and KHIEU Samphan Sentenced to Life Imprisonment in Case 002/02 Today, the Trial Chambe
16 November 2018 Press Release NUON Chea and KHIEU Samphan Sentenced to Life Imprisonment in Case 002/02 Today, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) convicted former senior Khmer Rouge leaders NUON Chea and KHIEU Samphan of genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949. The crimes were committed at various locations throughout Cambodia during the Democratic Kampuchea period from 17 April 1975 to 6 January 1979. The Trial Chamber announced a summary of its findings and the disposition in Case 002/02 at a public hearing held today, Friday 16 November 2018, sentencing the Accused, NUON Chea and KHIEU Samphan to life imprisonment. The Chamber will deliver full written reasons for its judgement in due course. Evidentiary hearings in the trial of Case 002/02 commenced with opening statements on 17 October 2014 and concluded on 11 January 2017. The trial, including closing statements, lasted for a total of 283 hearing days. During the trial, the Chamber heard the testimony of 185 individuals: 114 witnesses, 63 Civil Parties and 8 experts. The trial was subject to considerable public interest, with 82,780 persons attending the hearings. The Chamber’s Main Findings The Trial Chamber found that NUON Chea, Deputy Secretary of the Communist Party of Kampuchea (CPK) and KHIEU Samphan, the Head of State of Democratic Kampuchea, participated in a joint criminal enterprise together with other senior leaders of the CPK, with the purpose of implementing a rapid socialist