Summary of Judgement in Case 002/01
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
UNSC Play Their Part
HASMUN’19 STUDY GUIDE The United Nations Security Council Khmer Rouge’s Cambodia Under-Secretary General : Egemen Büyükkaya Academic Assıstant : Ümit Altar Binici Table of Contents I) Introduction to the Committee: Historical Security Council……………………………...3 II) Introduction to the Agenda Item: Khmer Rouge’s Cambodia……………………………6 A. Historical Background…………………………………………………………………...9 1) French Colonialism and the Early Communist Movements in Cambodia………….....9 2) Independence of Cambodia and the Rule of Norodom Sihanouk……………………12 3) Cold War Period and 1970 Coup……………………………………………………..14 4) The Establishment and Destruction Lon Nol Government…………………………..15 B. Khmer Rouge Ideology…………………………………………………………………16 C. Internal Formation of the Communist Party of Kampuchea………………………..20 D. Foreign Relations of Democratic Kampuchea………………………………………...21 III) Conclusion…………………………………………………………………………………...22 Letter from the Secretary-General Dear Delegates and Advisors, It is a great pleasure and honor to officially invite all of you to HASMUN 2019 which will be held between 26th and 28th of April 2019 at Kadir Has University Haliç Campus in Istanbul which is located in the Golden Horn area. I am personally thrilled to take part in the making of this conference and I am sure that the academic and organisation teams share my passion about this installment of HASMUN in which we have chosen to focus on topics that bring humanity together. And we have also included committees which will simulate historical events that can be considered existential threats which brought the international committee or some nations together. The general idea that we would like to introduce is that humanity can achieve great things in little time if we are united, or can eliminate threats that threaten our very existence. -
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. -
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. -
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. -
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. -
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. -
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.