Designing justice for Cambodia's Khmer Rouge

International Humanitarian Law: Prospects

Volumn , Issue , 2006, Pages 191-210

  Etcheson, Craig ^a  

^a NONE

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EID: 84882581362     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.1163/ej.9781571052667.i-388     Document Type: Chapter

References (20)

1. Ninian Stephen, Chairman, Rajsoomer Lallah & Steven R. Ratner, Report of the Group of Experts for Cambodia Pursuant to General Assembly Resolution 52/135 (Feb. 18, 1999), annexed to Identical Letters Dated 15 March 1999 for the Secretary-General to the President of the Security Council, U.N. Doc. A/53/850-S/1999/231 (1999).
2. Letter from Cambodian Co-Prime Ministers Norodom Ranariddh and Hun Sen to UN Secretary-General Kofi Annan, June 21, 1997, distributed on the Internet via the Camnews news group, June 25, 1997. The Secretary-General discusses this letter in Report of the Secretary-General on the Situation of Human Rights in Cambodia, U.N. Doc. A/52/489 (1997), at 22.
3. See, e.g., the comments of Chinese UN envoy Qin Huasun, who has been quoted as saying Beijing "strongly opposes any act by the international community to impose an international tribunal on Cambodia." Anthony Goodman, China against international court to try Khmer Rouge, REUTERS, Mar. 20, 1999.
4. See, e.g., Robert H. Reid, Try Pol Pot? U.N. and other member-states say not in my backyard, ASSOC. PRESS, June 25, 1997. This legal opinion has not been publicly released; the author interviewed officials of the UN Office of Legal Affairs about this opinion and its implications on July 22, 1999.
5. Balakrishnan Rajagopal, The pragmatics of prosecuting the KR, PHNOM PENH POST, Jan. 8-21, 1999, at 11-12; a revised version of this article appeared at 1998 Y.B. INT'L HUMANITARIAN L. 189 (The Hague: Asser Institute, 1998).
6. Cambodia lawyer urges world court for Ta Mok, REUTERS, Mar. 15, 1999.
7. Reed Brody, Breaking down the wall of impunity, PHNOM PENH POST, Mar. 19-Apr. 1, 1999, at 13.
8. See Farah Stockman, Rwanda Signs Agreement with U.N. Genocide Court, INTERNEWS, June 7, 1999 (Stockman characterizes ICTR-Rwanda relations as "embittered").
9. For more information on the People's Revolutionary Tribunal, see HOWARD J. DENIKE, JOHN QUIGLEY & KENNETH J. ROBINSON EDS., GENOCIDE IN CAMBODIA: DOCUMENTS FROM THE TRIAL OF POL POT AND IENG SARY (2000).
10. See Brad Adams, Snatching defeat from the jaws of victory, PHNOM PENH POST, Jan. 22-Feb. 4, 1999, at 1, 6, 7.
11. For details on the legal training project carried out in Cambodia by Yale University's Cambodian Genocide Program, seeYALE CENTER FOR INTERNATIONAL AND AREA STUDIES, THE CAMBODIAN GENOCIDE PROGRAM, 1994-1997, 23-26 (1998)
12. Michael G. Karnavas develops this idea at some length in his International trial for KR a bad idea, PHNOM PENH POST, Apr. 2-12, 1999, at 10, 11.
13. AMNESTY INTERNATIONAL, CAMBODIA: INTERNATIONAL TRIBUNAL MUST NOT BE POLITICALLY SELECTIVE (1998)
14. See, e.g., PEOPLE'S REVOLUTIONARY TRIBUNAL HELD IN PHNOM PENH FOR THE TRIAL OF THE GENOCIDE CRIME OF THE POL POT-IENG SARY CLIQUE, AUGUST 1979-DOCUMENTS (1990).
15. Perhaps not entirely by coincidence, the author was asked by U.S. government officials early in 1998 to provide a "short list" of "top" Khmer Rouge suspects, and suggested a dozen candidates.
16. Hun Sen Urges Khmer Rouge Trial, AGENCE FRANCE PRESSE, Jan. 18, 1999.
17. Cambodia tells donors to butt out of Khmer Rouge issue, KYODO NEWS SERV., Feb. 25, 1999.
18. Report of the Secretary-General on Khmer Rouge Trials, U.N. Doc. A/57/769, Annex (2003).
19. An English-language translation of the full text of the Law on the Establishment of Extraordinary Chambers is available from an official Cambodian government Web site, at http://www.cambodia.gov.kh/krt/english/index.htm. This Web site includes the original law as promulgated in August 2001, the amended law as adopted in October 2004, the UN-Cambodia agreement on the tribunal as ratified by the UN General Assembly in May 2003 and by the Cambodian government in October 2004, and related documents.
20. The implications of this tribunal design for genocide justice in Cambodia are discussed in detail in the author's recent volume, AFTER THE KILLING FIELDS: LESSONS FROM THE CAMBODIAN GENOCIDE (2005)