Getting Away With Genocide

Contents List of Photographs Foreword by Roland Joffe Acknowledgements List of Abbreviations and Acronyms Introduction 1

vi vii xiii xvi 1

Rebirth of a Nation – and the Beginning of the Long Struggle for Justice

8

2

Keeping Pol Pot in the UN Cambodia seat

24

3

The World’s First Genocide Trial

40

4

Sympathy for the Devil

52

5

Challenging the History of Forgetting

70

6

Peace without Justice

101

7

Waking up to Genocide

108

8

The Trauma of a Nation: Searching for Truth, Justice and Reconciliation

134

Uneasy Partners

155

10

The Gangs of New York

189

11

Clinching Convictions – the Challenge for the Prosecution

210

One More River to Cross

232

9

12

Annexe A

Key Khmer Rouge personnel

254

Annexe B

Recent Publications of particular importance

270

Notes Bibliography Index

274 300 311

Introduction Bringing the leaders of the Khmer Rouge to justice is the focus of this book. These are some of the worst mass murderers of the twentieth century who plunged their country into an unspeakable horror, often termed the darkest period in Cambodia’s history. Over 25 per cent of the population died under their rule between 1975 and 1979. Why, a quarter of a century after the Pol Pot regime was ousted, has no one stood in court to answer for these terrible crimes? We trace in the first half of the book how the very governments that so often speak the language of human rights shielded Pol Pot and his lieutenants from prosecution during the 1980s, massively contributing to impunity for crimes against the people of Cambodia. Most governments ignored efforts inside Cambodia to document and prosecute the crimes of Democratic Kampuchea, the official name of the Pol Pot regime. For over a decade appeals from Cambodians inside and outside the country for a Khmer Rouge tribunal fell on deaf ears. The Khmer Rouge were aided and abetted, rebuilt as a military force and accorded the right to sit in the United Nations as the ‘legitimate representatives of the Cambodian people’. Only after the Khmer Rouge no longer posed a political or military threat did the United Nations, in 1997, come round to condemning their crimes, following a request from the Cambodian government for international assistance to bring the perpetrators to justice. The final quarter of the twentieth century witnessed enormous changes in the international political landscape. Moves towards setting up a Khmer Rouge tribunal were but one strand among many in the weaving of the new cloth of international humanitarian law and justice. Following the Second World War there had been a flurry of activity in the name of ‘never again’. The Nuremberg and Tokyo tribunals were intended to lay the groundwork for setting international safeguards to prevent such horrendous crimes from ever being repeated. However, they were also subject to the label of victor’s justice – no one on the winning side was ever charged for war crimes, even for the utilisation of weapons of mass destruction such as the atomic bomb, or for the fire-bombing of civilian populations. Post-war enthusiasm for a new world order led not only to the founding of the United Nations, but also to an advance in the 1

2

Getting Away With Genocide?

codification of customary international humanitarian law. One result of these deliberations was the adoption in 1948 of the Genocide Convention. In the following year the Geneva Convention defined and proscribed all manner of war crimes. But that was where things stayed – on paper for almost half a century – as both sides in the cold war played out their mutual hostilities through proxy wars in the Third World. Although the International Court of Justice (World Court) had the authority to try disputes between states, it had no powers to enforce its rulings, and no international court had jurisdiction over individual perpetrators. The new conventions were simply ignored, each side holding a veto power preventing the Security Council from bringing any country on its side to account for crimes committed. The collapse of the Soviet Union in 1989 ushered in a new era of international intervention. With Russia anxious to establish its new credentials in the halls of its former opponents, the western powers were able to take action in the name of the United Nations as long as they could secure the acquiescence of China. In 1993 the Security Council decided to establish the International Criminal Tribunal for the Former Yugoslavia and in 1994 the International Criminal Tribunal for Rwanda. Cambodia was still not on the map of international justice. Any prospect of the UN Security Council approving the same kind of international tribunal for Cambodia always appeared doomed by the implacable opposition and veto power of China. Establishing ad hoc tribunals for every new violation of international humanitarian law was clearly untenable as a long-term approach to the problem and a new campaign was launched to establish a permanent International Criminal Court. The International Criminal Court had been envisaged even before the Second World War, but had fallen by the wayside – a victim of cold-war suspicions. In the 1980s the concept was resurrected and years of detailed negotiations resulted in the adoption of the Statute of Rome in 1998 outlining the ICC’s structure and powers. In 2002 Cambodia, to its credit, became one of the founding states and the International Criminal Court was formally established in March 2003. It was against this background of emerging possibilities for international justice, and domestically amid the final stages of the disintegration of the Khmer Rouge, that in June 1997 the Cambodian government requested the United Nations to provide assistance in

Introduction

3

finally holding accountable the senior Khmer Rouge leaders who had masterminded massive human rights violations some 20 years before. It took a further six years for Cambodia and the United Nations to agree on what should be done. The second half of this book recounts the twists and turns along the road to passing a Cambodian law to establish a tribunal in 2001 and reaching agreement with the United Nations in 2003 on its role. These chapters cover many aspects of the tussles between the UN Secretariat and Cambodia, which in reality were more about politics than justice. The Cambodian formula for a mixed tribunal was unprecedented when first outlined in 1999. Both national and international judges and prosecutors would try crimes under both national and international law. This hybrid approach, sometimes termed ‘the Cambodian model’, has since been used as the basis for the Special Court for Sierra Leone, established in 2002, and in East Timor and Kosovo, where international judges have been invited to sit on the bench in the national courts. THREE MAJOR CONTROVERSIES At the outset the authors feel three controversial questions have to be addressed: 1) How many people died as a result of the policies and practices of the Khmer Rouge regime? 2) Was it genocide? 3) Why will the prosecution be limited to the period of the Pol Pot regime (17 April 1975 – 6 January 1979)?1 The death toll 1975–79 During the three years, eight months and twenty days that the Khmer Rouge held power it is estimated that around 2 million people perished – over one quarter of the total population – from torture and execution or from starvation and untreated illness. The issue of the numbers who perished remains a matter of heated debate. Serious estimates range from 740,000 to 3.314 million. Recent studies seem to be converging, with historian Ben Kiernan estimating 1,671,000 and demographer Marek Sliwinski 1.8 million on the basis of extrapolations from very different samples. New calculations based on demographic reconstruction by Patrick Heuveline lead to a similar

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Getting Away With Genocide?

picture. Working forward from the 1960 census and backwards from the 1992 UNTAC electoral lists, Heuveline suggests a range of from 1.17 million to 3.42 million deaths in excess of what could have been expected in the period. While the data gives a medium estimate of 2.52 million, Heuveline comes very close to Kiernan and Sliwinski in his subjective estimation of ‘between 1.5 to 2 million’.2 While it may be argued that those holding power in a country are responsible for all ‘excess deaths’ in the population under their control, it is clear that the subjective intentions and actions of the government are not always to blame, as objective and external factors can play an even stronger part. What is far clearer, however, is the direct responsibility of the authorities for executions, torture and deliberate starvation. Sliwinski estimates that of the overall deaths from 1975–79, 39.3 per cent resulted from execution and 36.3 per cent from famine, with only 9.9 per cent from natural causes. Heuveline refers to ‘violent mortality’, which he estimates at between 600,000 and 2.2 million, with a central value of 1.1 million.3 Any trial of the Khmer Rouge would need to address the questions of what crimes were committed and by whom. Overwhelming evidence of horrendous crimes has been amassed over the past two decades. The challenge for the prosecution will be to marshal sufficient evidence to establish individual culpability for genocide, crimes against humanity, war crimes, homicide, torture and religious persecution. This challenge is explored in the penultimate chapter. Was it genocide? We have chosen in this book to use the term ‘genocide’ as a shorthand for the large number of horrendous crimes committed by the Khmer Rouge in Cambodia. We are mindful of the fact that many scholars and legal experts maintain that successful prosecution of the Khmer Rouge for the crime of genocide might be difficult to achieve. Many of the atrocities fall more readily under the rubric of other crimes, and the narrow definition of genocide under the 1948 Genocide Convention will present difficulties for the prosecution even on those acts that are closest to the legal definition. An extensive body of literature has been penned on the interpretation of the definition of genocide in general, and on the Cambodian case in particular,4 and we canvass the issues in more detail in Chapter 11.

Introduction

5

We decided to use the term genocide principally because in Cambodia the crimes of the Khmer Rouge have been referred to consistently since mid-1978 as genocide – by those who overthrew the Khmer Rouge, by all subsequent governments and in common parlance. Genocide was the only charge prosecuted by the 1979 People’s Revolutionary Tribunal (discussed in Chapter 3). Many Cambodians have expressed their insistence that the Khmer Rouge be tried for this ‘crime of crimes’, asserting that any other charge would somehow diminish the offence. Outside Cambodia, too, the term genocide has been used in many journalistic and scholarly reports, and in political and legal campaigns to seek judicial accountability by the Khmer Rouge for the crimes they committed. In this sense, we speak of genocide in a generic or sociological sense, fully aware of its legal constraints. All or nothing? The contradictions of selective justice Cambodia is a case study in double standards and the selectivity of international humanitarian law. While the call for ‘an end to impunity’ is shouted from the rooftops, political interests and global power still determine who shall be prosecuted and when. It was not politically convenient to prosecute the Khmer Rouge during the 1980s. When finally in the late 1990s it became opportune for previously opposing governments to move towards a trial, their support was contingent upon limiting prosecution to the period of Pol Pot control. The New York Times fully understood the dilemmas of many governments who feared that some part of their own dirty deeds might be revealed by an open-ended tribunal. ‘All Security Council members ... might spare themselves embarrassment by restricting the scope of prosecution to those crimes committed inside Cambodia during the four horrific years of Khmer Rouge rule.’5 In 1969 the US had unleashed a ferocious bombing of Cambodia directed against Vietcong supply lines along the Ho Chi Minh trail, passing through parts of Laos and Cambodia. Between 18 March 1969 and May 1970 a staggering 3,630 B-52 bombing raids were flown over Cambodia. This intensive bombing campaign was directed against neutral Cambodia in a clear violation of international law. In a second assault in the final throes of the US war, B-52s pounded Cambodia for 160 consecutive days in 1973, dropping more than 240,000 tons of bombs on rice fields, water buffalo and villages – 50 per cent more than the Allies dropped on Japan during the Second

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Getting Away With Genocide?

World War. Hundreds of thousands of people were killed in the holocaust of these two bombing campaigns.6 Setting up selective tribunals for some war criminals and genocidists while letting off the hook others such as former US Secretary of State Henry Kissinger, who masterminded the bombing of Cambodia, clearly presents a legal and moral contradiction. Where is the universality of international justice if it targets only Third World leaders, and only those despots and generals who are not too closely linked to western governments? Why are powerful western statesmen and women who stand accused by many as culpable of war crimes apparently immune from prosecution? The International Criminal Court is intended to universalise responsibility for crimes under international humanitarian law. But the United States has refused to become a party to the ICC, and in 2003 undertook a campaign to pressurise other countries that are members of the ICC to sign specific agreements under Article 98 to exempt US personnel from possible prosecution under its powers. Cambodia was one such small and weak state that was unable to resist this pressure despite its expressed pride at being the only southeast Asian country to be among the ICC’s founding states. In June 2003, during a brief visit to Cambodia, US Secretary of State Colin Powell convinced Prime Minister Hun Sen to support an Article 98 agreement. The agreement was later signed and then endorsed by the Cambodian government on 3 October 2003 and sent to the National Assembly for ratification. While many reject the hypocrisy of such selective justice, a few analysts go further and maintain that no tribunal is credible if it does not address all the crimes committed in Cambodia – including the bombing and other crimes against humanity. But any attempt to extend the period available for prosecution beyond the Khmer Rouge regime was a sure formula for preventing any tribunal taking place at all. As a result of strong pressures exerted on the Cambodian government, jurisdiction of the Khmer Rouge tribunal will be strictly limited to the period between 17 April 1975 and 6 January 1979. Only the Khmer Rouge will stand in the dock. Those whose actions helped bring them to power pre-1975, succoured them while in power and revived them post-1979 will be exempt from prosecution. The tribunal has no mandate to judge whether or not the US ‘secret’ bombing of Cambodia in the 1970s constituted war crimes. The reasons for the temporal exclusions of US bombing, and likewise the Chinese and others support for the Pol Pot regime, have

Introduction

7

little to do with any principle of justice and everything to do with international politics. Outside the main framework of the established international legal system, however, in recent years a number of individual initiatives have been taken to launch prosecution cases for violations of international law, such as against Henry Kissinger and the former Chilean dictator Augusto Pinochet. While these legal actions have so far been stymied by various means, they have served notice to the perpetrators of monumental crimes that they can no longer assume themselves to be safe from prosecution by virtue of their power. These legal cases have also been accompanied by public campaigns to expose and shame them and those who continue to give them comfort. Back in Cambodia there is a growing sense of confidence that the trial will at last be held. The long road since the overthrow of the Khmer Rouge is tantalisingly close to its destination. Pol Pot cheated justice with his death in 1998. The authors hope that in spite of all the pressures and obstacles, the Cambodian people will not be cheated again and that all Pol Pot’s chief co-conspirators will soon face their day in court. We write this book in memory of all those who died at the hands of the murderous regime of the Khmer Rouge and for those who rebuilt the country afterwards. For all the survivors we hope that this long-delayed tribunal may bring answers to their angst, the justice they have long been seeking and, above all, peace of mind.

Index Note Cambodian names are listed under first name, eg. Hun Sen not Sen, Hun 7 January 1979, 9, 10, 12, 14 17 April 1975, 13, 219 20 May, Day of Maintaining Rage, 73, 74 Abrams, Jason, 110–13 accountability, 5, 36, 40, 147 Adams, Brad, 153 Adhoc, 146, 151 Afro–Asian People’s Solidarity Organisation participation in PRT, 43 Agreement between Cambodia and UN on Khmer Rouge trials, ratification of, 209 signing ceremony, 8, 205 see also negotiations aid, humanitarian distribution to KR, 39, 54, 64 to ‘non-communist’ forces, 68 to PRK, 17–18, 66 to PRK, blocking of, 19, 33, 63–66 Akashi, Yasushi reluctance to visit Tuol Sleng, 102 attempts to cut Thai support for KR, 105 Akhavan, Payam, 192 Algeria participation in PRT, 43 Alliance of Democrats, 207 Allman, T.D., 83, 280, 283 Amer, Ramses, 33, 39, 278 American Friends Service Committee, 75, 109 amnesty, 161, 172 definition of, 229 in negotiations, 231 status of in EC, 228 Amnesty International, 43, 70, 113, on EC, 131, 148, 149, 155, 168, 196–7, 204, 292 on UN withdrawal, 236 Anlong Veng, 104, 115, 119, 120, 132, 134, 263, 264, 286

Annan, Kofi, 162, 133, 201 letter to Hun Sen, Dec 2002, 198 letter to Hun Sen, Feb 2000, 169 meeting with Sok An, Jan 2003, 199 report to UNGA, March 2003, 203 on resuming negotiations, 190, 193 Aranyaprathet, Thailand, 121 Arsa Sarasin, 80 Armée Nationale Sihanoukiste, control over refugee camps, 38, 68 Asean 7th Summit in Phnom Penh, 2002, 200 and Sihanouk, 67 at the 1989 Paris Peace Conference, 88 calls for Vietnamese withdrawal, 19, 33, 52 Cambodia’s membership, 119 support for resuming negotiations, 234 Ashley, David, 124, 289 Asia Watch, 68 Asian Christian Council participation in PRT, 43 Asian Wall Street Journal, 97, 284 Asiaweek, 10 Atkins, Chester US congressperson supporting KRT, 86 Australia assistance to Task Force, 162 de-recognition of DK, 32 Hayden initiative, 1986, 77 on case to ICJ, 81 support for resuming negotiations, 234 Australia Department of Foreign Affairs, 77

311

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Australia–Kampuchea Solidarity Committee, 75 Australian peace proposal, 91 Baker, James, 90, 92 Bangkok Post, 82, 123, 204, 283, 287, 293 Battambang, 10, 11, 21, 133, 143, 150, 167, 169, 260, 269 Becker, Elizabeth article in New York Times, 197 Benson Samay, 165 Bhagat Vats participation in PRT, 43 Boeung Trabek camp, 152 Boua Chanthou, 109 Boudhiba Report, 35, 36 Brady, Christopher, 61 Bridges, Stephen, UK ambassador to Cambodia, 116 Brown, Roger, 64 Brzezinski, Zbigniew, 61 Bulgaria, 28 Bush, George W., 184 Bush, George, as potential defence witness, 165 Butler, William, chairman of American Association of ICJ, 71 Cambodia Daily, 151 Cambodia–UN negotiations, see negotiations Cambodian Defenders Project, 248 Cambodian Documentation Commission, 36, 53, 72, 77 Cambodian Freedom Fighters, 179 Cambodian Genocide Justice Act (US), 1994, 108, 224 Cambodian Genocide Program, 110 documentation, 70, 73, 145, 214, 224, 274, 285 human rights training in Phnom Penh, 1995–6, 111 mapping of genocide sites, 111–3, 216–8 Cambodian Genocide Project, 71, 72, 192

Cambodian Government Task Force on Khmer Rouge trials, 44, 162, 169, 199, 208, 209, 234, 252 assistance to, 192 formation of, 159 Cambodian Human Rights Action Committee, 149, 168 Cambodian People’s Party offers KR for defection, 117 differing views on EC, 154, 239 Cambodian request to UN for assistance in setting up KRT, 2 campaign to bring KR to justice, see tribunal, campaign for Campaign to Oppose the Return of the Khmer Rouge (CORKR), 72, 109 campaign to support DK after 1979, 21–39, 53, 66, 68, 76, 77, 101 Camus, Albert, 49 Canada, 88 support for resuming negotiations, 234 Cao Dai church destruction of, 13 CARE, 70 Carney, Timothy, 62, 221 Carter, Jimmy, as potential defence witness, 165 and China, 61 and KR, 60 Carter, Rosalynn, 54 Cassessi, Antonio and KRT, 158 Catholic cathedral destruction of, 13 Center for Social Development, 10, 168, 186, 191 public forums 2000, 143 Central African Empire seat in UN, 31 Chaiwat Maungnol, Colonel, Thai military officer, 103 Chaktomuk Theatre, 8, 44, 205, 220, 232 Cham Muslims genocide of, 71 Chan Ven, 16, 17, 21, 22 Chandler, David, 76

Index Charan Kulavanijaya, General, chairman of Thai National Security Council, 105 Chatichai Choonhavan, prime minister of Thailand, 84, 85, 87, 97 Chau Doc, Vietnam, 227 Chea Sim, 16, 151 Chea Sophara, 74, 140 Chea Vannath, 10, 163, 186, 191 on EC, 237 Cheysson, Claude visit to Phnom Penh, 83 Chhouk Rin, 166, 167, 194, 212 Chhum Mey, 145, 245, 251, 253 Chhuor Leang Huot, in PRT, 41, 42 Chim Chendara, 42 China aid to DK, 48, 60 aid to KR, military, 53, 56, 58, 78 and Sihanouk, 26, 67, 83 and US, 27 blocking tentative peace initiatives, 84 calls for Vietnamese withdrawal, 19, 24, 26 Cultural Revolution, 94 disengagement from Khmer Rouge, 105 normalised relations with US, 25 on KRT and EC, 122, 123, 155, 157, 178, 196, 198, 234, rapprochement with Government of Cambodia, 177 seat at UN, 31 support for CGDK, 56, 66, 67 support for DK in UN seat, 31, 37 support for KR in Paris Peace Agreements, 100 support for KR in Paris Peace Conference, 89 on resumption of negotiations, 196, 198 Choeung Ek, killing field, 9, 71, 74, 111, 113, 171, 202, 216, 217 Choubine, Valentine Kampuchea, the people’s verdict, 50 participation in PRT, 50

313

Church World Service, 70, 109 CIA, and CGDK, 67, 69 and KR, 55, 60 and Pol Pot, 87, 98, 121 CIDSE, 75 civil law, 44, 47, 129, 210, 212, 213 Clarapora, Gabriel participation in PRT, 43 Cline, Ray, 62 Clinton, Bill attempt to impeach, 173 policy to capture Pol Pot, 120, 121 signed Cambodian Genocide Justice Act, 1994, 110 Coalition Government of Democratic Kampuchea (CGDK) formation of 66–9 misnomer, 67 support for, 33, 66–7 Columbia University, 72 Committee to Oppose the Return of the Khmer Rouge (CORKR), 104 common law, 47, 213 Communist Party of Kampuchea (CPK), 16, 72, 131, 219, 220, 221, 254, 261, 265, 268 Central Committee, 245, 258, 261–4, 269 Standing Committee, 72, 120, 151, 250, 257–67 Conference of Intellectuals and Religious People, Phnom Penh 1983, 73 Conference to mark 40th anniversary of Genocide Convention, Phnom Penh 1988, 82 Congid, Robert participation in PRT, 43 Congo, 28 Constitutional Council, 182, 231 co-investigating judges see Extraordinary Chambers co-prosecutors see Extraordinary Chambers

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Corell, Hans, and OLA control of negotiations, 156 and UN withdrawal from negotiations, 189, 232 on Draft Law, 163–4, 174, 182, 185 on delays in negotiations, 183 leading UN delegations, 170, 176 letter to Sok An criticizing the Draft Law, 181 resistance to discussing a resumption of talks, 193 speech after initialling Draft Agreement, 202 speech at signing ceremony, 8, 205 corruption, in Cambodian courts, 126, 147–50 Council of Ministers approves Agreement, 206 approves Draft Law, 164 crimes against humanity as crimes in EC, 225 nexus to armed conflict, 226 Cuba, 9, 18, 43, 279 participation in PRT, 43 cultural property crimes against in EC, 227 customary international law as crimes in EC, 225 Daniel Boone operations, 62 Danois, Jacques, Unicef official, 30, 278 death toll, 3, 14, 73, 270 Decree Law No.1, 41–3, 222, 279 Democratic Front of Khmer Students and Intellectuals, 178 Democratic Kampuchea crimes against cultural property, 227 documentation of, 9, 36, 49, 70, 82, 108, 213 forensic analysis, 113 Genocide, see Genocide historiography, 146 mass graves, 111 psychological trauma, 140 war crimes, 227

witnesses, 215 see also Khmer Rouge Democratic Kampuchea People’s Representative Assembly, 220 Deng Xiaoping, 55 Dith Munty, 40, 41, 45, 144, 249 Dith Pran, 85 Documentation Center of Cambodia (DC–Cam), 73, 145 documentation, 212–17, 272 mapping of genocide sites, 111–13, 216 Doi Moi (renovation), 85 Dornan, Bob US congressperson supporting KRT, 86 Draft Law, see Law on the Extraordinary Chambers Duch, 145, 214, 251, 271 arrest, 1999, 132, 266 Dunlop, Nic, British photographer, 133 East Timor, 241 invasion by Indonesia, 31 East Timor Special Court, 3 Eckhard, Fred, 194 education reconstruction of, 1979, 17 elections 1962, 263 1966, 263 1976, 220 1993, 93, 100, 104–8 2003, 138, 149–51, 205–8 Eiland, Michael, 61, 62, 99 Ester, Helen, 76 Etcheson, Craig, 110, 111, 151, 152, 153, 193, 217, 286, 289, 291, 296 on EC, 239 European Parliament call for international tribunal, February 2000, 170 Evans, Gareth, Australian Foreign Minister, 91 Extraordinary Chambers budget, 209

Index co-investigating judges, 163, 165, 176, 203, 240 co-prosecutors, 160–4, 172–6, 203, 240, 266 decision-making (super-majority), 162, 164, 173, 176 personal jurisdiction, 150, 218, 227, Annexe A passim pre-trial chamber, 163, 176 procedure, 129, 160, 164, 185, 192, 212–13, 221, 248 structure, 127, 158, 162–4, 171–6, 198–203, 240, 257–9, 261–7 substantive law (subject jurisdiction), 221–8 temporal jurisdiction, 6, 165, 219 Far Eastern Economic Review, 10 Fatchett, Derek, 115–16 Fawthrop, Tom, 34, 54, 55, 89, 92, 96, 99, 102, 103, 116, 118, 167, 245, 256, 258 Federation of American Scientists, 109 Fère-en-Tardenois meeting, 1987, 84 floods in 2000, 177 France assistance to Task Force, 162 foreigners seeking protection by, 1975, 228 definition of genocide, 160 Penal Code of 1992, 160 support for resuming negotiations, 234 Fu Zue Zhang Chinese ambassador in Thailand, 59 Funcinpec, 22, 87, 123, 146, 147, 151, 207 1997 fighting, 117–19 Galabru, Jean-Jacques, 83 General Assembly. see United Nations General Assembly Geneva Accords, 1954, 16 Geneva Conventions, 2 as crimes in EC, 226–7 Geng Biao, 56 genocide as crime in EC, 222

315

definition of, 4, 160, 223, 224 denial of, 91 Genocide Convention, 2, 4, 29, 35–7, 40–51, 71–100, 114, 130, 136, 160, 163, 222–5 applicability during UNTAC, 102 Article 6, 132, 160 Article 8, 81 Article 9, 78 Cambodian accession to, 1950, 102 first invoked in Cambodia 1979, 232 ignored in Paris Peace Agreements, 103 United States ratification with reservations, 1986, 80 Genocide Studies Program, Yale University, 71, 285 Genocide Watch, 72 Germany support for resuming negotiations, 234 glasnost, 85 Gorbachev, Mikhail, 85 Gottesman, Evan, 276 Gour, Claude, 159 Grenada seat in UN, 31 Group of Experts, 124, 233 report, 124–30, 221, 224–6, 270 response by Cambodia, 130–2 Group of Interested States, 195, 200 guarantees for the arrest and surrender of indictees, 169 Guardian, 68 Guinea, on Cambodian seat at UN, 26 Ha Van Lau, Ambassador of Vietnam to UN, 49 Hague Convention for the Protection of Cultural Property during Armed Conflict, 1954, 227 Haig, Alexander, US secretary of state at International Conference on Kampuchea, 63

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Haing Ngor, 85, 86, 87, 102, 109, 284 Hammarberg, Thomas, UN Special Representative for Human Rights in Cambodia and negotiations, 113, 135, 155 on impunity, 147 raising Khmer Rouge issue at UNHCHR, 1997, 117 Han Nianlong, 56 Hannum, Hurst, 72, 81 Harish Chandola, 10 Hatfield, Mark US senator supporting KRT, 85 Hawk, David, 36, 53, 70, 72, 77, 79, 81, 106, 113 Hawke, Bob, 79, 81 countermanding Hayden initiative, 79 Hayden Bill, Australian foreign minister, 77, 78, 79, 81, 85 Heder, Steve, 152, 197, 268, 269, 271 Heng Samrin, 8, 16, 37, 51, 180 Cambodia’s seat at the UN, 29 Herod, Bill, 64 Herrel, Karsten, Coordinator for UN Assistance to the Khmer Rouge trials (UNAKRT), 208 visit to Phnom Penh December 2003, 209 Hesburgh, Theodore, President of Notre Dame University, 30 Heuveline, Patrick, 3 Him Huy, 214 Hisashi Owada, Japanese diplomat, 193 Hitchens, Christopher, 274 Hitler, Adolf, 28, 30, 34 Ho Sok, 147 Hochmann, Steve, 60, 61 Holdridge, John, US assistant secretary of state, 63 homicide, 222 Hor Namhong, 130, 132, 137, 151, 152 Hotel Le Royal, 13 Houn Hourth kidnap and excecution by KR, 115

Howard, Jim, 20, 65 Howes, Christopher kidnap and excecution by KR, 115 Hu Nim, 220, 260 Hua Guofeng, 55 Human Rights Watch, 131, 157, 168, 191, 237 on EC, 168, 191, 197, 204, 236–8 Human Rights Watch Asia, on EC, 148, 153 humanitarian intervention, 25, 53 Hun Sen, 14, 16, 119 allegation of committing crimes, 152 allegation of delaying EC, 233 allegation of manipulating EC, 240 and armed conflict in 1997, 119 and Paris Peace Conference, 89 attempts to hold talks with Sihanouk, 82 characterisation as a senior KR leader, 151 critique of Chinese support for KR, 90 efforts to keep the KR out of the Peace Settlement, 86 interview by Helen Jarvis, 136 initiative for peace and national reconciliation, 1987, 84 invitation to Thailand, 1988, 84 joining KR-dominated maquis, 152 letter to Kofi Annan requesting UN help, 82, 117 letter to Kofi Annan, February 2000, 169 letter to Kofi Annan, September 1999, 162 meeting with Derek Fatchett, 115 meeting with Bill Hayden, 77 meeting with Kofi Annan, Bangkok, February 2000, 170 meeting with Sihanouk, 1987, 83–4 on EC and negotiations with UN, 130, 180, 193, 240

Index on extending EC jurisdiction, 175 on Paris Peace Agreements, 100 on UN and KR, 131, 170, 175 reception of Khieu Samphan and Nuon Chea, 135–6, 230 refusal to be seated with DK representatives at peace talks, 90 speaker at CGP conference in Phnom Penh, 1995, 111 US Congressional opposition to, 149–50 Hurd, Douglas, UK Foreign Secretary, 34 hybrid tribunal, see mixed tribunal ICC, see International Criminal Court ICTR, see International Criminal Tribunal for Rwanda ICTY, see International Criminal Tribunal for the Former Yugoslavia Ieng Sary, 29, 35, 37, 52, 65, 152, 219, 265 and US, 60, 63 and peace talks, 86, 98 at International Conference on Kampuchea, 63 as KR link to China, 55–9, 105 current lifestyle, 137, 252 defendant at PRT, 1979, 41–51, 102 denial of crimes, 250 defection 1996, 117, 136–8 pardon for 1979 conviction for genocide, 137–8, 161, 172–3, 191, 228–31, 262, 229 role in DK, 140, 259–62, 271, 272 Ieng Thirith, 55, 220, 262, 266 Im Sethy, 10, 11, 19, 21, 22, 135, 146, 275, 287 impunity, culture of, 39 in absentia trials, 37, 44, 47, 167, 172, 231, 254, 262 India, 29, 33 and Cambodian seat at the UN, 32, 88, 94 assistance to Task Force, 162

317

participation in PRT, 43 recognition of PRK, 66, 76 individual culpability, 228 Indonesia on ICJ case against DK, 80–1 intellectuals and reconstruction, 16, 20 under Democratic Kampuchea, 18 Inter-governmental Maritime Consultative Organization DK representation at, 38 international armed conflict, nexus to, 227 International Civil Aviation Organization DK representation at, 38 International Commission of Jurists, 43, 71, 239 International Committee of the Red Cross (ICRC), 35, 66, 67 International Conference on Kampuchea, New York 1981, 63 International Control Commission, 50, 88 International Court of Justice, 2, 70, 88 attempt to bring case against DK, 72, 77–82 International Covenant on Civil and Political Rights (ICCPR), 158, 201 International Criminal Tribunal for the Former Yugoslavia (ICTY), 2, 225, 236 International Criminal Court (ICC), 2, 6, 50, 122, 157, 178, 207, 225, 226, 241 Article 98 exemption of US personnel, 6, 207, 241 international criminal tribunal for Cambodia Group of Experts’ endorsement of, 128 International Criminal Tribunal for Rwanda (ICTR), 2, 225, 236, 294, 295

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Getting Away With Genocide?

International Criminal Tribunal for the Former Yugoslavia (ICTY), 225, 236 international criminal tribunals, 114, 157, 159, 218 international standards of justice, 130, 150, 155, 157, 164, 168, 191, 201, 234 international NGOs and aid to PRK, 18 and campaign for KRT, 74 on aid distribution, 33 International Seminar on the Genocide Phenomena, Phnom Penh 1989, 88 internationally protected persons crimes against, 228 Interpol, 35, 60, 87 Irish Times, 34 Jackson, Sir Robert, 34, 37, 39, 52, 64 Jakarta International Meetings (JIM), 86, 93 Japan participation in PRT, 43 support for resuming negotiations, 234 Jarvis, Helen, 104, 111, 290, 292 Jendrzejczyk, Mike, 191 Jennar, Raoul, 75, 102, 275, 289 Jhu Bangzao, Chinese spokesman, 178 Jiang Zemin visit to Phnom Penh, 177, 179 judicial system reconstruction of, 18 Ka Sunbaunat, 143 Kaing Khek Iev. see Duch Kampong Cham, 217 Kampong Som, see Sihanoukville Kampot hostage incident, 166 Kampuchea Emergency Group (KEG), 62, 67 Kampuchea newspaper, 44 Kang Chap, 265 Kao Kim Hourn, 139 Kassie Neou, 85

Ke Pauk, 86, 120, 249, 256, 259, 260, 265, 272 and Pol Pot capture, 122 death, February 2002, 190 Keat Chhon, 26, 152, 277 Keizo Obuchi, Japanese prime minister, 165 Kek Galabru, 83 Keo Chenda, 16, 40, 42, 43, 44, 45 Kep Chuktema, 74 Kerry, John, 162 and negotiations, 174, 179, 184 meeting with Hun Sen April 1999, 155 Khek Penn, 220 Khieu Ponnary, 266 Khieu Samphan, 58, 65 and peace talks, 86, 87, 89, 91, 95, 97 attack on, Phnom Penh 1991, 101 defection of, 134–8, 230 denial of crimes, 145, 248, 250–2 diplomatic role 1979–93, 62, 69 role in DK, 42, 101, 219, 220, 258, 261, 262–4, 272 support of, 136 Khieu Thirith, 266 Khmer Institute of Democracy, 234 Khmer People’s National Liberation Front (KPNLF), 68 Khmer Republic seat at UN, 30 Khmer Rouge arrests of, 166, 167 attack on UN peacekeepers, 105 civilian hostages, 10 control of refugee camps, 38 dominant role in CGDK, 69 end of insurgency, 1998, 138 likely defendants, see Annexe A train ambush, 1990, 92 train ambush 1994, 166, 194 welcome of UN withdrawal, 235 see also Democratic Kampuchea Khmer Rouge Law, see Law on the Establishment of the Extraordinary Chambers

Index Kiernan, Ben, documentation of DK crimes, 76, 104, 109, 110, 219, 220, 270 on death toll, 3, 14, visit to Phnom Penh 1980, 70, 71 Killing Fields movie, 80 Kim Bophana, 121 Kinnock, Neil, 68 Kirby, Michael, UN Special Representative for Human Rights in Cambodia, 108 Kissinger, Henry, 130 and Chile, 243–4 and East Timor, 243–4 and EC, 246 and US bombing, 6, 63, 165, 243–6 possible defence witness, 165 legal actions against, 7 Koh, Tommy, Singapore Ambassador to UN, 29 Kok Sros, 214 Kong, KR colonel, 115 Kong Sam-Ol, 19, 22 Kong Vibol, 152 Kosovo Special Court, 3 Khmer People’s National Liberation Front (KPNLF), 67, 68, 69, 89 control over refugee camps, 38 Kraisak Choonhavan, Thai senator, 87 Kriangsak Chomanand, prime minister of Thailand, 53, 56 Khmer Rouge trials see Extraordinary Chambers and tribunal Kry Beng Hong, 20, 22 Lakhon Mehrotra, UN Special Representative of the SecretaryGeneral on Cambodia, 170 Lamberton, David, US State Dept. Official, 80 landmines, 68, 115 Lane, Dennison, US Colonel, 62 Lao Mong Hay, 234 Laos attacks on by DK, 227 participation in PRT, 43

319

Law on the Establishment of the Extraordinary Chambers, 150, 240 adoption of, 180 amendment to, 184 approved by Council of Ministers, 164 first Cambodian draft, 159–60 first UN draft, 158, 160–1 reviewed by Constitutional Council, 182–4 Law to Outlaw the Democratic Kampuchea Group, 1994, 230 Le Duc Tho, 85 Leach, Jim, US congressman supporting KRT, 86 Lee Kwan Yew on Chinese aid to KR, 178 Leuprecht, Peter, UN Special Representative for Human Rights in Cambodia, on EC, 131, 190, 235, 239, 247 LeVine, Peg, 142, 288 Lon Nol, 18, 21, 22, 25, 30, 67, 83 Lopburi, Thailand, 59 Lor Chandara, Deputy Director of Tuol Sleng Museum, 118 Mai Lam, Vietnamese curator, 9, 41 majority of international judges, 169 Manh Sophan, 168, 180 Maryknoll Fathers, 109 Mason, Linda, 64, 281 mass graves, 9, 70, 72, 217 Mat Ly in PRT, 42 Matthews, Verghese, Singapore ambassador to Cambodia, 183 McConnell, Mitch, US congressman,149, 206 McGrath, Rae, 68, 282 McGrew, Laura, 140, 143, 151, 288 McNamara, Dennis, head of UNTAC human rights, 102 Meas Muth, 268, 269 media, Western, 10, 18, 24, 47 memorials to KR victims, 70, 73, 112, 217, 227

320

Getting Away With Genocide?

mental health services, 142 Milosevic, Slobodan trial of, 236 Min Khin, 41, 42, 49 documentation of DK crimes, 72 in PRT, 41 Mines Advisory Group (MAG), 68, 115 ministries re-establishment of, 18 mixed tribunal, 3, 49, 133, 148, 155, 156, 157, 158, 163, 168, 181, 187, 196, 236, 237, 238, 248 Group of Experts rejection of, 128 Moeun Chhea Nariddh, 135 Mok Sakun, 16 Munro, David, 76, 109 My Samedy, 19, 20, 21, 22, 277 Myrie, Clive, 152 Mysliwiec, Eva, Punishing the poor, 75 National Army of Democratic Kampuchea (NADK), 68 National Assembly, 22, 73, 108, 128, and Law on EC, 162–8, 171, 174, 176, 177, 180, 181–5, 263, 293 and pardon to Ieng Sary, 1996, 230 ratification of Agreement, 5, 206, 252, 209 swearing in 2003, 208 National Bank of Cambodia destruction of, 13 National Library of Cambodia damage to, 13 Nayan Chanda, 10, 97, 277 negotiations between Cambodia and UN, 8, 137, 155–209 passim 1st round, Sep 1999, 159 2nd round, Mar 2000, 170 3rd round, Jul 2000, 176 4th round, Jan 2003, 198 cross-cultural misunderstandings in, 177, 234 delays in, 177

diplomatic failures in, 158 request for UN help with, 117 UN withdrawal from, 189–94, 201 UN return to, 194–206 New Republic, 36, 276 New Statesman, 76 New York Times, 5, 122, 151, 158, 197 nexus to armed conflict, 225, 227 Nga–Sgaam Pass, Thailand, 132 NGO Forum on Cambodia, 75 Nguyen Co Thach, Vietnamese foreign minister, 77 Nguyen Van Linh, Vietnamese Communist Party chief, 85 Nhek Bun Chhay, 116, 123, 286 Nhem Eng, 58, 93, 121, 214, 286 Nhim Ros, 220, 260 Nicaraguan Contras analogy with Cambodia, 67 Nixon, Richard, US President, 109, 130, 165, 245 Non-Aligned Movement, 26, 32 Havana 1979, 29 non bis in idem, 161 ‘Non-Paper’ on Cambodian Draft Law, 164 Norodom Ranariddh and armed conflict in 1997, 119 letter to Kofi Annan requesting UN help, 82, 117 speaker at CGP conference in Phnom Penh, 1995, 111 Norodom Sihanouk 1970 coup against, 109 on Chinese and US support for KR, 54, 82 and KR, 26, 65, 67, 219, 220 and Cambodia’s seat at the UN, 25–7 and Paris Peace Conference, 89 appeal to join KR-dominated maquis, 152 call for uprising against PRK, 91 exile in Beijing, 25 first meeting with Hun Sen, 1987, 83–4

Index founder of Non-Aligned Movement, 26 on UNTAC and KR, 106 Open letter to Member States of the UN, 28 policy of neutrality, 244 Prisonnier des Khmer Rouges, 277 role in DK, 26, 219 Nou Beng, 16 Nou Leakhena, 141, 142 Nuon Chea, 42, 57, 86, 87, 119, 220, 252 defection of, 1998, 134–8, 230 denial of crimes, 210, 248–51 role in DK, 257, 258, 259, 260–1, 263, 271, 272 Nuon Paet, 166, 167, 194, 290 Nuremberg Military Tribunal, 1, 50, 51, 128, 158, 215, 225 Ok Serei Sopheak, 67, 282 Om Yentieng, 182, 289 Open Society Institute, 192 Ouch Borith, 158, 195 Oxfam, 19, 35, 66, 109 aid to PRK, 65 Poverty of Diplomacy, 75 Punishing the Poor, 64 Pacine Bangouna participation in PRT, 43 Pailin, 138, 210 capture by KR, 1989, 91 KR exploitation of, 104–5 Panama seat in UN, 31 pardon definition of, 229 see also Ieng Sary, pardon Paris Peace Agreements, 27, 98, 100, 101, 102, 103, 116 Paris Peace Conference, 1989, 88–90 Pattaya, 94–5 peace process, beginnings, 84 Pedlar, John, 75 Pen Sovann, 16 Penal Code of Cambodia, 1956 as crimes in EC, 222 Penn Nouth, 219

321

People’s Republic of Kampuchea, 13, 14, 19, 20 formation of, 25 policy on KR judicial accountability, 40 recognition, 66, 75 People’s Revolutionary Council of Kampuchea, 16, 40 People’s Revolutionary Tribunal (PRT), 5, 8, 40–51, 102, 222 charges of Chinese instigation of DK crimes, 46 conviction and sentence of Pol Pot and Ieng Sary, 47 court records sent to UN, 37, 49 documents collected by CGP, 111 pardon to Ieng Sary, 137–8, 161, 172, 191, 228–31, 262, 229 participants in, 43 possible use of testimony in EC, 216 validity of, 47–51, 102 Phnom Penh evacuation of, 12, 13 reconstruction of, 1979, 12–16 Phnom Penh Post, 88, 233 Phnom Voar, 166, 167 Phu Noi, Thailand, 115 Phuan Phy, KR major, 115 Pilger, John, 76, 109 Pinochet, Augusto, 224 legal actions against, 7 Poipet, 11 Pol Pot, and EC, 260 death of, 122 presence at Pattaya talks, 97 role in DK, 220, Annexe A trial of by KR, 1997, 119 visit to China, 254 see also Democratic Kampuchea Crimes and People’s Revolutionary Tribunal Pollanen, Michael S., 217 Powell, Colin, US Secretary of State, 6, 207 Prasong Soonsiri, 61 Preah Vihear capture by Khmer Rouge, 1993, 107

322

Getting Away With Genocide?

pre-trial chamber, 163, 176 Prum Sokha, 21, 22, 276, 277 Pung Peng Cheng, 83 Quang Quyen, Vietnamese forensic specialist, 113, 217 Quigley, John, 40, 45, 47, 50 Quinn, Kenneth, US ambassador to Cambodia, 98, 153, 184 Radio Free Asia, 153 Rajagopal, Balakrishnan proposal for a mixed tribunal, 156, 191 Rajsoomer Lallah, Judge, 124 Ranariddh, Norodom, see Norodom Ranariddh Ratner, Steven R., 110, 124 Reagan, Ronald, US president, 62, 70, 63, 80, 82, 86 as possible defence witness in EC, 165 Rees, Phil, 210 refugee camps, 59 and KR control of, 33, 35, 38, 67 repatriation, 107 relationship between Law and Agreement, 171 religious persecution, 4, 15, 50, 221–4 Research Committee into the Crimes of the Pol Pot Regime, 72, 73 retroactivity, 160 Ridge, Tom, US congressperson supporting KRT, 86 riots, anti-Thai, Jan 2003, 200 Rithy Panh, 250 Robb, Charles, US senator supporting KRT, 110 Robert Rosenstock, US delegate to UN, 29–30 Robinson, Mary, UN High Commissioner for Human Rights, 118 Rohrabacher, Dana, US Congressman, 152 Roos, General Klaas Van, head of UNTAC’s police, 104

Ros Nhim, 265 Rosenblatt, Lionel, 62 Royal Government of the National Union of Kampuchea (GRUNK), 219 Rules of Procedure and Evidence, see Extraordinary Chambers, procedure Russia assistance to Task Force, 162 S-21, 9, 41, 78, 95, 101, 132, 142, 145, 216, 249, 250, 251, 259, 260, 266–9, 271–2 photographs, 111 prison records, 70, 111, 212, 214 survivors, 145, 251, 253, 244, 245 see also Tuol Sleng Genocide Museum Sa Kaeo, Thailand, 35 Saaphan Hin, Thailand, 92, 94, 95 Salvation Front and formation of PRK, 13 composition of, 16 documentation of DK crimes, 72, 173 on post-DK population movement, 12 founding document of, 40 petitions to UN, 73, 88 policy on judicial accountability of KR, 42, 139 Sam Bith, 166, 167, 194, 261 Sam Rainsy, 119, 138, 150, 151, 153, 168, 206, 208, 284, 290, 293 on EC, 233 Sanderson, John, General, commander of UNTAC peacekeeping forces, 102 Schabas, William A., 161, 224, 274, 290, 294 Scheffer, David, and negotiations, 162, 174, 184, 286, 292, 296 article in New York Times, 197 draft resolution to Security Council, 121 on UN withdrawal, 235

Index schools re-opening of, 1979, 17 Schultz, George, US Secretary of State, 82 Searching for the Truth, 112, 145 Security Council, see United Nations Security Council Shawcross, William, 274, 276 Siddhi Savetsila, Thai foreign minister, 85 Sihanouk, Norodom, see Norodom Sihanouk Sihanoukist National Army, see Armée Nationale Sihanoukiste Sihanoukville, 20, 143, 169 Singapore support for CGDK, 66 Sisophon, 11 Sliwinski, Marek, 3, 274 So Phim, 220, 259, 260, 265 Sok An, and negotiations, 8, 51, 159, 162, 166, 180, 187, 189, 198, 234 attendance at PRT, 44 letter to Hans Corell January 2002, 186, 201 letter to Hans Corell, November 2001, 185 letter to UN on amnesty, March 2000, 231 meeting with Kofi Annan, January 2003, 199 press conference on UN withdrawal, 190 speech after initialling Draft Agreement, 202 speech introducing Draft Law to National Assembly, 180 speech to Stockholm Forum, April 2002, 192 Solarz, Stephen, US congressperson supporting KRT, 85, 91 solidarity campaigns, 75 Solidarity Organisation of the People of Asia, Africa and Latin America participation in PRT, 43

323

Solomon, Richard, US Deputy Assistant Secretary of State, 87, 98, 284 Son Sann, 38, 67, 68, 89, 280 Son Sen, 58, 86, 96 and peace talks, 95, 97, attack on, Phnom Penh 1991, 101 murder of, 119, 257 role in DK, 101, 219, 220, 249, 259, 260, 265, 266, 268, 271 Son Soubert, 119 Soto, Alvaro de, UN Assistant Secretary General for Political Affairs, 158 Sou Met, 268, 269 Soviet Union, 2, 31, 61 aid to PRK, 9,18, 53, 76, 85 and peace talks, 91, 98, 100 and US, 61 end of military and economic aid to Cambodia, 85, 98, 100 human rights violations, 71, 272 participation in PRT, 43, 44 opposition to UNHCHR investigation of KR human rights violations, 1979, 35 veto of China’s motion on Vietnamese withdrawal, 27 Special Court for Sierra Leone (SLSC), 3, 218 Stalin, Joseph 71 Stanton, Gregory H., and ICTR, 294 and US plan to capture Pol Pot, 286–7 assistance to Task Force, 192 visit to Phnom Penh 1980, 70–1 case against KR to ICJ, 77–9, 109–10 on aid to PRK, 281 on PRT, 280 on mixed tribunal, 156, 237, 239 on genocide, 224 article in Bangkok Post, 204 Starr, Kenneth, US Independent Prosecutor, 173 statute of limitations, 222

324

Getting Away With Genocide?

Stephen, Sir Ninian, Chairman of Group of Experts 124 Stevens, Hope participation in PRT, 48 Stockholm International Forum on Truth, Justice and Reconciliation, 192 Student Movement for Democracy, 178 substantive law, see Extraordinary Chambers Suchet, Lt Colonel, Thai military commander at border, 106 Suchinda Krapayoon, Thai General, 96, 105 Sum Mean, 15, 16, 276 Sun Hao, Chinese ambassador to Cambodia, 57, 59 super-majority, see Extraordinary Chambers, decision-making Supreme National Council (SNC), 59, 93, 95, 101 Surayud Chulanond, General, commander of Thai army, 123 Svay Rieng, 21, 262 Sweden and Cambodia’s seat at UN, 30,33, 92 and campaign to bring Khmer Rouge to justice, 75, 77 assistance to Task Force, 292 on EC, 196 Syria participation in PRT, 43 Ta Mok, 86, 255, 257 and capture of Pol Pot, 120, 123 and murder of Christopher Howes and Houn Hourn, 115– 6 arrest of, 131–2, 254 defence, 165, 245–6, 249, 252 ouster 1998, 134 revolt against Pol Pot, 119–32 role in DK, 131–2, 220, 259, 264, 265, 268, 269 Tanzania seat in UN, 31

Task Force, see Cambodian Government Task Force on the Khmer Rouge Trials temporal jurisdiction, 126, 274 Tey Sambo, 10, 11, 275 Thai military, 59, 62, 115, 116 and Pol Pot’s death, 122 and KR, 94, 95, 105, 107, 117 non-compliance with the Paris Agreements, 104 Thailand and Sihanouk, 67 and US plan to capture Pol Pot, 121 attacks on by DK, 227 border with Cambodia under martial law, 59 and case to ICJ, 80 military aid to KR, 53, 78 on KRT, 80 politics, 24, 84 recognition of DK, 1979, 53 support for CGDK, 61, 66 support to KR, 110 trade with KR, 105 Thailand. National Security Council, 58, 61, 105 Thailand. Taskforce 80, 59, 62 Thailand. Unit 315, 59, 95 Thailand. Unit 838, 59, 62, 95, 97, 132 Thatcher, Margaret, British prime minister, 68 as possible defence witness, 165 on Khieu Samphan, 69 Thion, Serge, 76 Thioulong Saumura, 153 Thiounn Prasith, 26, 277 Thiounn Thioen, 220 Thomas Hammarberg, UN Special Representative for Human Rights in Cambodia, and negotiations, 113, 114, 123, 158, 163, 178 memoir, 179 meeting Ranariddh and Hun Sen in New York, 123 Thong Khon, 12, 17, 22 Thun Saray, 146

Index Toch Phoen, 220, 260 Tokyo Military Tribunal, 1, 50, 51 Tonkin, Derek, British ambassador to Vietnam, 32 torture, 222 Tran Duc Luong, President of Vietnam, visit to Phnom Penh, 179 Tran Hung, Vietnamese forensic specialist, 217 Tran Huu Duc participation in PRT, 41 Transcultural Psychosocial Organization (TPO), 142 trauma, 140–3 tribunal benefits of, 143 and impact on mental health, 142 campaign for, 29, 69, 77, 79, 88, 98, 140 different CPP views on, 153 public opinion on, 140, 151 see also Extraordinary Chambers Tumiwa, Frans participation in PRT, 43 Tuol Sleng Genocide Museum, 9, 76, 101, 102, 113, 118, see also S-21 Twining, Charles, US ambassador to Cambodia, 184 Uganda seat in UN, 31 UN Human Rights Day, in Phnom Penh, 1992, 103 UN-Cambodia Agreement, see Agreement Ung Borasmy, 109 Unicef, 38, 66 Union of American Hebrew Congregations, 109 United Kingdom and Cambodian seat at UN, 34 assistance to Task Force, 292 de-recognition of DK, 32 on PRK, 24 SAS military training for the CGDK, 68

325

support for resuming negotiations, 234 United Nations, 235 acknowledgement of genocide in Cambodia, 155 aid to PRK, obstruction of, 37 and Cambodian seat at, 24–39, 52, 66, 88, 119 and KR in refugee camps, 35, 67 endorsement of the Khmer Rouge during the 1980s, 77 negotiations, see negotiations record on Cambodia, 37, 107, 108, 175, 190 withdrawal from UN-Cambodia negotiations, see negotiations United Nations Assistance to the Khmer Rouge Tribunal (UNAKRT), 208 United Nations Border Relief Operation (UNBRO), 39, 62 United Nations General Assembly, 50, 86, 94, 156, 157 acknowledges genocide, 1997, 123 adoption of resolution to resume negotiations, Dec 2002, 197 adoption of Draft Agreement, 205 and Group of Experts report, 126, 130, 132, 270 Credentials Committee, 29, 30, 49, 119 mandate to resume negotiations, 193, 194, 196, 201–2 on Cambodian seat, 21–39, 52, 60, 66, 72, 82, 175 welcome of Extraordinary Chambers Law, 150 United Nations High Commission on Human Rights (UNHCHR), 49, 81, 117, 290 United Nations High Commission for Refugees (UNHCR), 39 United Nations Human Rights Commission. hearings on Cambodia, 35–6, 79, 100

326

Getting Away With Genocide?

United Nations, Group of Experts, see Group of Experts United Nations Office for Human Rights in Cambodia, 158 United Nations Office of Legal Affairs, 158–9, 184 United Nations Secretariat, 3, 133, 163, 170, 175, 183, 185, 190– 208, 234–5, 246–7 United Nations Security Council, 2, 156–8, 236 1979 session on Cambodia, 25–7 China’s seat, 32 and Cambodia’s seat in UNGA, 37 and Group of Experts report, 130, 132 on temporal jurisdiction of EC, 5, 165 resolution on non-compliance with Paris Peace Agreements, 105 P5 and peace talks, 88, 105 possible veto by China on tribunal, 121–3, 148, 168 veto by Soviet Union on Vietnamese withdrawal, 27 United Nations Transitional Authority in Cambodia (UNTAC), establishment of, 93 and 1993 elections, 93, 104 inability to confront KR, 104 military observers, 105 on Thai military assistance to KR, 106 peacekeepers attacked, 104–7 refusal to use the word genocide, 146 scrutiny on the State of Cambodia, 104 United Nations Trust Fund, 209 United States and Cambodian seat at the UN, 29, 30, 37, 93 and case to ICJ, 79 and China, 27 and Sihanouk, 67 and Thai refugee camps, 61 blocking peace initiatives, 82, 87

bombing of Cambodia, 5, 109, 110, 130 calls for Vietnamese withdrawal, 24 Cambodia Democracy and Accountability Bill, 149, 206 Cambodian Genocide Justice Act, 110 Congress Joint Resolution 602, 85, 86 congressional calls for regime change in Cambodia, 149 congressional calls for arrest of Hun Sen, 153 covert operations, 62 denying genocide, 71 diplomatic support for KR, 53, 62 Embassy in Bangkok, 61 House Resolution 553 (Rohrabacher Resolution), 152 intelligence, 62, 120 military aid to CGDK, 68 on Chinese and Thai support for KR, 86 on KRT, 80 on Chatichai initiatives, 87 participation in PRT, 43 pressure on Cambodia to sign ICC exemption, 6 role in negotiations, 155, 162, 179, 184 support for CGDK, 60, 66 support for KR inclusion in peace talks, 87 United States Defence Intelligence Agency, 62 United States National Security Council, 245 United States Office of Cambodian Genocide Investigations, 110, 224 United States State Department action on KR crimes, 108 Universal Postal Union DK representation at, 38 University of Georgia, 22 US-Indochina Reconciliation Project, 75 USSR, see Soviet Union

Index Van Lelyveld, Peter Paul participation in PRT, 43 Vance, Cyrus, 60 Vann Nath, 244, 251 Ven Dara, 138 Veng Khieng, 134 Vickery, Michael, 76, 274 victims role in Extraordinary Chambers, 212 testimony to PRT, 45 Vienna Convention on Diplomatic Relations, 1961 as crimes in EC, 228 Vietnam advisors to PRK, 13, 18, 102, 217 attacks on by DK, 38, 227 challege to CGDK seating at the UN, 33 criticism of role in PRK, 23, 31, 36, 38, 69, 72, 98 efforts to disseminate findings of PRT, 49 end of military and economic aid to Cambodia, 98, 100 offensive against DK, 9, 10–11, 53 troop withdrawal, 85, 91 Vietnam, Cambodia, Laos Committee, Sweden, 75 Voice of America, 153 Von Vet, 220, 260 Walters, Vernon US ambassador to UN, 86

327

war crimes, as crimes in EC, 226–7 see also Democratic Kampuchea, crimes Washington Post, 191 Wiedemann, Kent, US ambassador to Cambodia, 137, 179, 184, 191, 287, 291 Wiesel, Elie, Nobel laureate, 80 Williams, Michael, UNTAC Human Rights official, 102 World Conference on Religion and Peace, 70 World Court, see International Court of Justice World Health Organization (WHO) DK representation at, 38 Y Chhien, 138 Ya, 265 Yale University, see Cambodian Genocide Program Yap Kim Hao participation in PRT, 43 Youk Chhang, 111 on need for justice, 145, 253 on definition of senior leaders, 151 on benefits of mixed tribunal, 237 Yun Yat, 220, 260, 266 Zacklin, Ralph, UN Deputy Director of OLA, 158, 159, 170 Zimbabwe, 88