|
May
2001
From
1975 to 1979, the regime of Democratic Kampuchea led
by Pol Pot oversaw the deaths of approximately 1.7 million
people, or one fifth of the population of Cambodia.
Now, over twenty-five years after Phnom Penh fell to
the "Khmer Rouge" on April 15, 1975, it seems
likely that at least some of those who presided over
the Cambodian genocide will be brought to trial and
punished for their crimes. The United Nations has signed
off on a formula to conduct the trials in Cambodian
courts with international assistance; a draft tribunal
law is making its way through the Cambodian legislative
process; and the prime suspects, with the exception
of Pol Pot himself, who died in 1998, are within the
reach of the courts. This situation could not have been
foreseen ten, or even five, years ago, and although
the outcome is still unclear, there is more reason than
ever to be optimistic about the prospect of bringing
the architects of the Cambodian genocide to justice.
This article examines some of the legal and political
components of prosecuting the Khmer Rouge for genocide
and war crimes in Cambodia. It outlines some of the
compromises that have been reached along the way, and
suggests some ways in which a genocide tribunal in Cambodia
will have an impact on other aspects of Cambodian society.
Legal Challenges
The tribunal law was first drafted by the Cambodian
government in 1999, and in July 2000, the United Nations
and the Cambodian government finalized details of a
draft accord for the trial of former leaders of the
Khmer Rouge regime. Since that time, the draft law has
been awaiting passage by the various branches of the
Cambodian government. On January 2, 2001, the Cambodian
National Assembly unanimously approved the draft law
to establish an extraordinary chamber to the try Khmer
Rouge leaders. The draft law was passed on January 15,
2001 by the Cambodian Senate and on February 12, 2001
by the Constitutional Council, which flagged a technical
discrepancy for correction. Since Article Three of the
draft law proposes the death penalty as the maximum
punishment when there is currently no death penalty
under the  Cambodian
Constitution, the Council sent the draft law back to
Parliament to be amended before it is sent on to King
Norodom Sihanouk for his signature, which represents
the final stage in the legislative process. After four
months of little apparent progress, Prime Minister Hun
Sen announced on June 19, 2001 that the Council of Ministers
was wrapping up its work on the draft law, and would
be sending it back through the Parliament, the Senate,
and the Constitutional Council before having it ratified
by the King.
|
