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Notes
Luftglass, “Crossroads in Cambodia,” 897.
Piccigallo, The Japanese on Trial, 201.
In 1975 about 250,000 Muslim Cham lived in Cambodia. From the beginning, the Cham were singled out as a minority group and subjected to annihilation because they practiced Islam. About 100,000 Cham were murdered at that time, and the survivors were dispersed into small groups. Kiernan, “Orphans of Genocide,” 7; idem, “The Demography of Genocide,” 585; Liai Duong, Racial Discrimination, 11. Not only did the Khmer Rouge take measures to eradicate all cultural identity in the population but they also attempted to prevent the transmission of culture to future generations—essentially attempting to extinguish the Cham culture.
Dyrchs, Das hybride Khmer Rouge-Tribunal, 28.
Kiernan, “Introduction,” 485.
Barrett, “Holding Individual Leaders,” 437; Luftglass, “Crossroads in Cambodia,” cited on p. 898, fn. 10.
For details, see Vickery, Cambodia; Kiernan, The Pol Pot Regime; Chandler, Voices from S-21.
Dyrchs, Das hybride Khmer Rouge-Tribunal, 30.
The Ho Chi Minh Trail was a logistical system that ran from North to South Vietnam through Laos and Cambodia. The system provided support to the Vietcong, or National Liberation Front, and the North Vietnamese Army, or People's Army of Vietnam (PAVN), during the Vietnam War until 1975. For details see, for example, Prados, The Blood Road.
A History of Democratic Campuchea, 11.
Kiernan, The Pol Pot Regime, 55; idem, “Historical and Political Background,” 178.
Kiernan, “Orphans of Genocide,” 14.
Liai Duong, Racial Discrimination, 13; Osman, Oukoubah.
Kiernan, The Pol Pot Regime, 279.
For more information about the Pol Pots secret police, see microfilmed records of the Khmer Rouge-era Santebal files (482 reels), located by the Cambodian Genocide Program in 1996, and other Khmer Rouge-related records filmed by Yale's Sterling Memorial Library (SML).
Tagesspiegel, 27 July 2006.
A total of 19,403 mass graves and 80 memorials from the Pol Pot era exist in today's Cambodia.
Huy Vannak, The Khmer Rouge Division 703, 76. S-21 was given various names. At times, it was called “Ministry S-21” (krasuong S-21). Two reports use the name “M-21” for Office S-21.
A History of Democratic Campuchea, 41.
Ciorciari, The Khmer Rouge Tribunal, 12; Searching for the Truth, 14–17.
Prum, “A Former S-21 Photographer,” 12–13.
Huy Vannak, The Khmer Rouge Division 703, 87.
During 1976, S-21 and its branches employed 1,720 people: an internal force of 141, an external force of 1,377, 148 office cadres, and 54 interrogators. The internal force was divided into combatants in the prisoner guard unit and combatant city messengers (yuthachon nirasa krong). There were 62 city messengers comprising 42 guards for the special prison, 8 prisoner snatchers/arresters, 10 drivers, and 2 medics. | |||||
For more information see the homepage of the Tuol Sleng Genocide Museum (Phnom Penh) at <http://www.tuolsleng.com/> (accessed March 2009).
Huy Vannak, The Khmer Rouge Division 703, 74.
Deutschlandfunk, 20 March 2007. For more details see Gottesman, Cambodia after the Khmer Rouge.
Huy Vannak, The Khmer Rouge Division 703, 110.
During the last two years of the Democratic Kampuchea regime, Cambodia suffered two large-scale attacks by Vietnamese troops. The first began in September 1977 and ended with the defeat of the Vietnamese on January 6, 1978. The second began on April 7, 1978 with a major Vietnamese assault and ended on January 7, 1979. This time, the Khmer Rouge were defeated. | |||||
Chhim, Die Revolutionäre Volkspartei Kampuchea 1979 bis 1989.
Luftglass, “Crossroads in Cambodia,” 902–03.
Ciorciari, The Khmer Rouge Tribunal, 15–16.
Germany, for example, did not resume full diplomatic relations with Cambodia until 1993. Dyrchs, Das hybride Khmer Rouge-Tribunal, 43.
Friedrich Ebert Foundation.
Clymer, The United States and Cambodia, 141; Fawthrop and Jarvis, Getting Away with Genocide?, 54, 56.
For more details see Dyrchs, Das hybride Khmer Rouge-Tribunal, 44.
Luftglass, “Crossroads in Cambodia,” 904.
For more details see De Nike et al., Genocide in Cambodia. The editors composed several documents: the establishment of the tribunal, the indictment, witness statements, forensic reports, other documents introduced into the record, including journalistic accounts, closing statements by the prosecutor and the defense counsel, and the final judgment. Liebermann, “Salvaging the Remains,” 181; Quigley, The Genocide Convention, 27–31; Schabas, Genocide in International Law, 391–92; Starygin, Amicus Curiae, 12; Touch, Searching for the Truth, 37–38.
De Nike et al., Genocide in Cambodia; Schabas, “Book Review,” 475; “Fair Trial Principles,” 3.
Arendt, Eichmann in Jerusalem; Eichmann Trial; Robinson, And the Crooked Shall Be Made Straight.
Schabas, “Book Review,” 473–74.
For further information see Dyrchs, Das hybride Khmer Rouge-Tribunal, 51.
Human Right Watch, Press release, 24 August 1999.
Fawthrop and Jarvis, Getting Away with Genocide?, 49.
Ibid., 72.
Ibid., 84.
Chhim, Die Revolutionäre Volkspartei Kampuchea 1979 bis 1989, 15.
Ibid., 19.
Ibid., 20.
Fawthrop and Jarvis, Getting Away with Genocide?, 119.
Etcheson, “A ‘Fair and Pubic Trial,’” 7.
Form, “Planung und Durchführung west-alliierter Kriegsverbrecherprozesse nach dem Zweiten Weltkrieg,” 233–53.
Neilson, They Killed All the Lawyers, 1–2; Reconciliation after Violent Conflict, 50.
Clark and Wright, The Works of William Shakespeare, 156.
Wertz, “Fluch der toten Jahre.”
Dyrchs, Das hybride Khmer Rouge-Tribunal, 66–67.
Crampton, “Cambodia to Restore Khmer Rouge Sites”; Liebermann, “Salvaging the Remains,” 167; Ciorciari, The Khmer Rouge Tribunal, 12, 39.
Ciorciari, The Khmer Rouge Tribunal, 118.
Wertz, “Fluch der toten Jahre.”
Ibid.
Youk Chhang, “The Arrests of Ieng Sary,” 1.
Ibid.
Fawthrop and Jarvis, Getting Away with Genocide?, 158–60.
The CPP and the Royalist Party.
A hybrid court like Sierra Leone or East Timor, consisting of national and international judges.
Boyle, “Establishing the Responsibility of the Khmer Rouge Leadership,” 184. See also Human Right Watch, Press release, 24 August 1999:
A United Nations team is scheduled to arrive in Cambodia this week to discuss with the Cambodian government a proposed mixed tribunal, which, to date, Cambodian Prime Minister Hun Sen has rejected in public statements. A draft U.N. plan presented to the Security Council on July 30, 1999 calls for a Nuremberg-style joint trial of all defendants together, based on indictments prepared by an international prosecutor and approved by a predominantly non-Cambodian panel of judges […] The United Nations must avoid giving legitimacy to a process that does not meet international standards. The U.N. and key donors should withhold political and financial support if these standards are not met. The Cambodian government has a history of manipulating the judiciary and disregarding the rule of law. | |||||
Published in the Phnom Penh Post, no. 9/22, 27 October–9 November 2000. Link: <http://www.yale.edu/cgp/mou_v3.html> (accessed March 2009).
Dyrchs, Das hybride Khmer Rouge-Tribunal, 68–70.
UN News Centre:
The 32-article agreement, endorsed last month by the 191 members of the UN General Assembly, will create Extraordinary Chambers, comprising one trial court and one Supreme Court within the Cambodian legal system to “prosecute those most responsible for crimes and serious violations of Cambodian and international law between 17 April 1975 and 6 January 1979.” (<http://www.un.org/apps/news/story.asp?NewsID=7334&Cr=Cambodia&Cr1=>; accessed March 2009). | |||||
For details see Dyrchs, Das hybride Khmer Rouge-Tribunal, 71–79.
Meijer, “The Extraordinary Chambers”; Reiger, “Marrying International and Local Justice,” 97–108.
Case No. 001/18-07-2007/ECCC/TC. “The Trial Chamber orders that the Substantive Hearing concerning the accused Kaing Guek Eav alias Duch will begin on Monday 30 March 2009 at 10:00 hours in the main Courtroom of the ECCC.” ECCC press release, 25 February 2009.
“First ECCC Trial on Crimes of 1970s Khmer Rouge Regime Officially Opens, February 17, 2009.” ECCC press release, 17 February 2009.
Studzinsky, “Nebenklage vor den Extraordinary Chambers of the Courts of Cambodia (ECCC),” 44.
The Phnom Penh Post, 8 January 2009: “How many are too many defendants at the KRT?”
New York Times, 31 January 2009.
Bonacker, “Inklusion und Integration”; Gessner, “Rechtspluralismus und globale soziale Bewegungen.”
In April 2002 the Rome Statute received its 60th ratification, thereby formally establishing the ICC in July 2002.
Liebermann, “Salvaging the Remains,” 165.
Article 4, paragraph 1 a. ECCC Statute (6.6.2003). Dyrchs, Das hybride Khmer Rouge-Tribunal, 132–34. This model is based on a suggestion by US Senator John Kerry (October 1999).
The first verdict in accordance with the supermajority principle has already been issued; 24 June 2008: Decision on Admissibility of Civil Parties general Observations (<http://www.eccc.gov.kh/english/cabinet/courtDoc/92/Decision_on_Civil_Party_Observations_C22_I_41_EN.pdf>; accessed March 2009). For more information see Studzinsky, “Nebenklage vor den Extraordinary Chambers of the Courts of Cambodia (ECCC),” 47.
Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crime committed during the period of Democratic Kampuchea, promulgated on 27 October 2004.
Dutton, The Psychology of Genocide, 100.
Wald, “Prosecuting Genocide,” 89.
“Fair Trial Principles,” 6.
For example: Nuremberg and Tokyo Tribunals, Special Court for Sierra Leone, International Criminal Tribunal for the Former Yugoslavia or International Criminal Court.
For example: US Military Courts in Germany (Dachau Trials), British “Royal” Warrant Courts, German Courts (World War II cases), Dutch Special Courts for War Crimes, etc.
Williams, “The Cambodian Extraordinary Chambers,” 228–29.
Gurd, “Outreach,” 117–29.
Code of Criminal Procedure of Cambodia (CPC). It appears problematic, however, that only in March 2008 did an unofficial and unpublished English translation come into existence. Studzinsky, “Nebenklage vor den Extraordinary Chambers of the Courts of Cambodia (ECCC),” 45.
Statement by the Victims Unit; see <http://www.cambodiatribunal.org/CTM/Victim_Unit_Press_Release.pdf?phpMyAdmin=8319ad34ce0db941ff04d8c788f6365e&phpMyAdmin=ou7lpwtyV9avP1XmRZP6FzDQzg3> (accessed March 2009).
The lawyers for the civil parties are equally entitled to cite official documents of the court.
Statement by the Victims Unit; see <http://www.cambodiatribunal.org/CTM/Victim_Unit_Press_Release.pdf?phpMyAdmin=8319ad34ce0db941ff04d8c788f6365e&phpMyAdmin=ou7lpwtyV9avP1XmRZP6FzDQzg3> (accessed March 2009).
See <http://www.eccc.gov.kh/english/cabinet/fileUpload/27/Internal_Rules_Revision1_01-02-08_eng.pdf> (accessed March 2009) for the actual version (2 February 2008). Members: all Judges of the Trial and Pre-Trial Chamber, Supreme Court Chamber, Co-Investigating Judges and the Co-Prosecutors.
According to the Rome Statute (Article 68, paragraph 3), victims can participate in the ICC trials as civil parties and claim compensation, but by no means do they enjoy comparable party status.
Statement by the Victims Unit; see <http://www.cambodiatribunal.org/CTM/Victim_Unit_Press_Release.pdf?phpMyAdmin=8319ad34ce0db941ff04d8c788f6365e&phpMyAdmin=ou7lpwtyV9avP1XmRZP6FzDQzg3> (accessed March 2009).
Pre-Trial Chamber (PTC) Decision on Civil Party Participation in Provisional Detention Appeals (Case No. 002/19-09-2007-ECCC/OCIJ (PTC01), 20 March 2008. See ECCC homepage (<http://www.eccc.gov.kh/english/court_doc.list.aspx>; accessed March 2009).
See ECCC homepage, Victims Unit.
Ibid.
The Court Report, December 2008 (ECCC homepage), 5.
Statement of the Victims Unit; see <http://www.eccc.gov.kh/english/cabinet/press/86/Statement_of_VU.pdf> (accessed March 2009).
The Court Report, January 2009 (ECCC homepage), 7.
See DC-Cam Victim Participation Information Sheet, <http://www.dccam.org/Projects/Tribunal_Response_Team/Victim_Participation/PDF/Victim_Participation_Information_Sheet-Eng.pdf> (accessed March 2009).
Studzinsky, “Nebenklage vor den Extraordinary Chambers of the Courts of Cambodia (ECCC),” 46. In less than 1% of the cases, the question about the utility and legitimacy of such an expenditure has come up. The costs of this undertaking in personnel and logistical terms are considerable, and not only for the ECCC.
See DC-Cam homepage (<http://www.dccam.org/Projects/Tribunal_Response_Team/Victim_Participation/PDF/DC-Cam_Guidance_VPA.pdf>; accessed March 2009).
Deutschlandfunk: “Völkermord vor Gericht,” 20 March 2007.
According to the summary of a workshop co-led by the author in Phnom Penh on 11 December 2008 (Victims' Participation as Transitional Justice).
See Outreach Map, ECCC homepage (<http://www.eccc.gov.kh/english/outreach.map.aspx>; accessed March 2009).
See DC-Cam homepage.
Assmann, “Khmer-Rouge-Tribunal,” 17.
See Department of Media and Communications, Royal University of Phnom Penh (RUPP) (<http://www.culturalprofiles.net/cambodia/units/1081.html>; accessed March 2009).
Buckley-Zistel, “Gewählte Amnesie,” 132.