Condescending Saviours: What Went Wrong with the Pol Pot Regime∗
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In the Shadows: Women, Power and Politics in Cambodia
In the Shadows: Women, Power and Politics in Cambodia Kate Frieson CAPI Associate and United N ations Regional Spokesperson, UNMIBH (UN mission in Bosnia Hercegovina) Occasional Paper No. 26 June 2001 Copyright © 2001 Centre for Asia-Pacific Initiatives Box 1700, STN CSC Victoria, BC Canada V8W 2Y2 Tel. : (250) 721-7020 Fax : (250) 721-3107 E-mail: [email protected] National Library of Canada Cataloguing in Publication Data Frieson, Kate G. (Kate Grace), 1958- In the Shadows: Women, Power and Politics in Cambodia (CAPI occasional paper series ; 26) ISBN 1-55058-230-5 1. Cambodia–Social conditions. 2. Cambodia–Politics and government. 3. Women in politics–Cambodia. I. UVic Centre for Asia-Pacific Initiatives. II. Title. III. Series: Occasional papers (UVic Centre for Asia-Pacific Initiatives) ; #26. DS554.8.F74 2001 305.42'09596 C2001-910945-8 Printed in Canada Table of Contents Theoretical Approaches to Gender and Politics ......................................1 Women and the Politics of Socialization ............................................2 Women and the State: Regeneration and the Reproduction of the Nation ..................4 Women and the Defense of the State during War-Time ................................8 Women as Defenders of the Nation ...............................................12 Women in Post-UNTAC Cambodia ..............................................14 Conclusion ..................................................................16 Notes ......................................................................16 In the Shadows: Women, Power and Politics in Cambodia Kate Frieson, University of Victoria "Behind almost all politicians there are women in the shadows" Anonymous writer, Modern Khmer News, 1954 Although largely unscribed in historical writings, women have played important roles in the Cambodian body politic as lance-carrying warriors and defenders of the Angkorean kingdom, influential consorts of kings, deviant divas, revolutionary heroines, spiritual protectors of Buddhist temples, and agents of peace. -
To Keep You Is No Gain, to Kill You Is No Loss* – Securing Justice Through the International Criminal Court
TO KEEP YOU IS NO GAIN, TO KILL YOU IS NO LOSS* – SECURING JUSTICE THROUGH THE INTERNATIONAL CRIMINAL COURT Talitha Gray** I. INTRODUCTION “We who have witnessed in the twentieth century, the worst crimes against humanity, have an opportunity to bequeath to the new century a powerful instrument of justice. So let us rise to this challenge.”1 An incomprehensible number of people have died as a result of war crimes, genocide, and crimes against humanity in the last century. After World War II and the Holocaust, nations and their citizenry proclaimed that never again would something so horrendous happen. “We must make sure that their deaths have posthumous meaning. We must make sure that from now until the end of days all humankind stares this evil in the face . and only then can we be sure it will never arise again.”2 Despite this vow, from 1950 to 1990, there were seventeen genocides, with two that resulted in the death of over a million people.3 In 1994, 800,000 Tutsis died during a three-month genocide in Rwanda.4 Genocide, war crimes, and crimes against humanity are not only something that occurred in the distant past; sadly, they remain a vivid reality. If there is ever hope to end such crimes, they must be addressed by the law on an international scale. “We stand poised at the edge of invention: a rare occasion to build a new institution to serve a global need. An International Criminal Court is within our * This phrase is identified as the motto of the Khmer Rouge regime who murdered in excess of two million Cambodians during their three year reign. -
The Khmer Rouge Tribunal: an Ambiguous Good News Story
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
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. -
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. -
Perspectives
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
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. -
Third Quarter in 2011
Magazine of the Documentation Center of Cambodia Searching for THE TRUTH Khmer Rouge Leaders Deserve Prosecution Photos Remind of the Past «I filed a civil party application because of the Special English Edition death of my parents and relatives and I want Third Quarter 2011 nothing but justice.» -- Hour Thol Searching for the truth. TABLE OF CONTENTS Magazine of the Documentation Center of Cambodia Special English Edition, Third Quarter 2011 LETTERS Khmer Rouge Leaders Deserve Prosecution ................1 Khieu Samphan Never Trust his People ........................3 Vann Nath: Witness of History ..........................................4 DOCUMENTATION Cambodia’s Hidden Scars .................................................6 Veal Veng: Before and Now ..............................................7 HISTORY Remained Faithful to Senior KR Leaders ......................9 History Shapes the Future ..............................................13 Photos Remind of the Past .............................................15 LEGAL Framing the Right to be Present in the ECCC ...........18 The Investigating Judges Within the ECCC .................23 Vann Nath;’s painting Protecting Confidential Investigations or ....................28 Copyright © Documentation Center of Cambodia PUBLIC DEBATE All rights reserved. Ieng Sary Must Remain on Trial ............................................46 Licensed by the Ministry of Information of Why Education Matters in the Legal Process ..................47 the Royal Government of Cambodia, Prakas No.0291 -
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. -
Ieng Thirith, Case Information Sheet
CASE INFORMATION SHEET IENG THIRITH, alias PHEA Last name: IENG First name: Thirith (Maiden name: KHIEU ) Case File Nº 002/19-09-2007/ECCC-PTC Next Public Hearing : To be scheduled Born in 1932 in the province of Battambang Detained by Order of Provisional Detention, 14 November 2007 Defence Counsel: Phat Pouv Seang (National) & Diana Ellis (International – UK) Charged with Crimes against Humanity (still under investigation), defined and Status punishable under Articles 5, 29 and 39 of the Law on the Establishment of the Extraordinary Chambers as amended 27 October 2004. Position in Minister of Social Affairs and Action Democratic Kampuchea Regime The Co-Investigating Judges, in their Provisional Detention Order, summarized the following bases for charging Ieng Thirith with crimes against humanity (murder, extermination, imprisonment, persecution and other inhumane acts). As the Minister of Social Affairs and Action for Democratic Kampuchea during the period of 17 April 1975 to 6 January 1979, Ieng Thirith allegedly exercised authority and effective control over the Ministry and all of its constituent and Key subordinate organs. In this capacity, she is alleged to have instigated, ordered, Allegations failed to prevent and punish, or otherwise aided and abetted in the commission of crimes against humanity, including by directing, encouraging, enforcing or otherwise rendering support to Communist Party of Kampuchea (CPK) policy and practice which was characterized by murder, extermination, imprisonment, persecution on political grounds and other inhumane acts such as forcible transfers of the population, enslavement and forced labour. Ieng Thirith disputes the crimes with which she is charged. Last updated on 5/13/2009 1 CASE INFORMATION SHEET Ieng Thirith graduated from the Lycée Sisowath in Phnom Penh then went to study in Paris, where she majored in Shakespeare studies at the Sorbonne. -
The Life Course of Pol Pot: How His Early Life Influenced the Crimes He Committed
Scientific THE LIFE COURSE OF POL POT: HOW HIS EARLY LIFE INFLUENCED THE CRIMES HE COMMITTED Myra de Vries1* Maartje Weerdesteijn** ABSTRACT International criminology focuses mostly on the lower level perpetrators even though it finds the leader is crucial for orchestrating the circumstances in which these people kill. While numerous theories from ordinary criminology have been usefully applied to these lower level perpetrators, the applicability of these theories to the leaders has remained underexplored. In order to fill this gap, the life course theory of Sampson and Laub will be applied to Pol Pot whose brutal communist regime cost the lives of approximately 1.7 million people. A unusual childhood, the influence of peers while he studied in Paris, and his marriage to a woman who shared his revolutionary mind-set, were all negative turning-points for Pol Pot. I. Introduction Mass violence is constructed as something extraordinary that violates cosmopolitan, and perhaps even universal, norms.2 The extraordinary nature of these crimes lies in the fact that these are very often a state-directed effort to harm or kill marginalised groups. These crimes are also referred to as “crimes of obedience,”3 since lower level perpetrators often obey high level orders unquestioningly without taking personal responsibility for the ethical repercussions.4 *Myra de Vries graduated her BSc Criminologie at Leiden University in 2012, and is currently a student in the MSc International Crimes and Criminology programme. **Maartje Weerdesteijn is an assistant professor at the department of criminology at VU University Amsterdam and researcher at the Center for International Criminal Justice.