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  • Genocide Tribunal

    Sat, Aug. 11, 2007

    Editorial | Genocide Tribunal

    Justice for Cambodia


    Cambodians have been waiting decades for justice to rise from the
    killing fields. Finally, that time has come.

    The country's genocide tribunal last week indicted Kaing Guek Eav,
    better known as Duch. He is the first top official of the notorious
    Khmer Rouge to be detained by the special U.N.-backed war crimes
    court.

    The slow march to accountability holds many lessons for international
    justice.

    Duch, 64, ran a notorious prison that doubled as a torture and
    execution center. The building is now a memorial to the 14,000 people
    who lost their lives there. Only seven inmates survived.

    About 1.7 million Cambodians died when the radical communist group
    Khmer Rouge ruled, from 1975 to 1979. The Khmer Rouge, led by Pol Pot,
    killed one-fifth of the country's population in pursuit of a twisted
    vision of a peasant utopia.

    Intellectuals and professionals were executed. Peasants never got
    their utopia, but at least they had a better chance of surviving: Many
    among the 150,000 Cambodian refugees in Philadelphia and other
    American cities were impoverished farmers.

    A credible justice process for the Khmer Rouge's crimes has been
    stalled for many reasons, including a 10-year occupation of Cambodia
    by the Vietnamese, who ousted the Khmer Rouge from power, and a
    13-year civil war.

    Long-time Prime Minister Hun Sen also has resisted an international
    tribunal. That could be because he feared an inquiry might provide
    damning details of links between members of his government and the
    Khmer Rouge.

    In that fear rests the importance of pursuing justice for all crimes
    against humanity.

    Such trials, once convictions accumulate around the world, hold
    promise of having a deterrent effect on heads of state who otherwise
    might resort to grotesque human rights abuses to retain their grip on
    power and resources.

    Dictators thrive on impunity for their actions. They bet that the
    international community won't bother to intervene, especially if they
    are in remote corners of the world.

    An international justice system that can indict, catch and convict the
    purveyors of genocide is part of the calculus for ending that impunity
    and changing bad guys' thinking.

    But there will have to be flexibility, even if human rights activists
    dream of all such cases going before the International Criminal Court
    in the Hague.

    Hun Sen wasn't ever going to give up all control over trying Khmer
    Rouge officials. The compromise, five years in the making, is a hybrid
    tribunal comprising international and Cambodian jurists. Procedural
    rules also had to be worked out with Hun Sen's government.

    The court may not have the full freedom of other tribunals, but it
    already is proving its worth by targeting Duch; Pol Pot's top
    lieutenant, Nuon Chea; former Foreign Minister Ieng Sary, and Khieu
    Samphan, who was president under the Khmer Rouge.

    Their prosecution can come none too soon. Pol Pot and his military
    commander, Ta Mok, lived into old age without ever being tried. Other
    top leaders, who have been allowed to live freely in Cambodia, are in
    their 70s or older.

    Rorng Sorn, 39, was a child in Cambodia during Pol Pot's reign. Two of
    her uncles died. She and her sister were separated from their parents
    for years.

    Now director of programs at the Cambodian Association of Greater
    Philadelphia, Sorn says the prosecutions now are a good thing, but she
    long ago moved on with her life.

    Others have been waiting.

    Sorn told of an elderly Cambodian man in Philadelphia whose parents
    were killed by the Khmer Rouge. One sister died from illness; another
    walked into the woods to look for food and never returned.

    The man said holding Khmer Rouge officials accountable honors the
    memory of his lost loved ones. It is for them that Duch and others
    should face public scrutiny and scorn.

    Cambodians deserve to hear accounts of how and why atrocities were
    done from the mouths of the remaining Khmer Rouge leaders. They
    deserve verdicts based on evidence.

    Only then can this bloody chapter in history be closed.
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