Global Policy Forum

By By Sharmila Devi

The Khmer Rouge were responsible for the deaths of up to two million people between 1975 and 1979. Finally, this year, some Khmer Rouge leaders may be brought to justice. But only after a long, protracted political struggle that is still being played out in Penom Penh at the United Nations headquarters in New York.

The Cambodian cabinet has agreed on a draft proposal for the framework of the trial, seeking only an advisory role for the UN. Hun Sen, the Cambodian prime minister, has repeatedly rejected a UN-controlled tribunal on grounds of national sovereignty. Phnom Penh insists that any trial should be conducted under local law and firmly rejects an international tribunal formula as in former Yugoslavia or Rwanda. In the end, any trial might echo a US compromise formula, under which a panel of judges would have a Cambodian majority but any verdict would require the agreement of at least one UN-appointed judge.

During a recent visit to Cambodia by Keizo Obuchi, the Japanese prime minister, Hun Sen appeared to soften his stance somewhat and said the UN could appoint a joint investigating judge in addition to the UN's joint prosecutor. But the UN is unlikely to be convinced. There remain serious doubts about the impartiality and efficacy of the Cambodian legal system. "Any tribunal should respect international standards and UN involvement would help," said one western diplomat. "The Cambodians could conduct their own trial...but it would be unlikely to be all that credible."

Some UN insiders say the world body itself has become more cautious about pushing for control of a tribunal as any resolution is likely to be blocked in the Security Council by China, which supported the Khmer Rouge regime. A trial would also raise further examination of the UN's role during the Cambodian conflict. Even after the 1979 Vietnamese invasion of Cambodia, which ousted the ultra-radical communist revolutionaries, the UN allowed Khmer Rouge representatives to take Cambodia's seat at the UN General Assembly. It was not until 1996 that the UN adopted a resolution condemning the Khmer Rouge. "Those who maltreated us at the time should know what to do right now. They should not put pressure on us," said Hun Sen recently, who fled the Khmer Rouge to Vietnam in 1977 to escape purges. "Those who maltreated Hun Sen should not criticise or teach Hun Sen on how to have a trial of the Khmer Rouge leaders."

Hun Sen, who gained control in a 1997 coup and consolidated the power of his Cambodian People's party in elections last year after a crackdown on demonstrators, even said there was no need for the UN to maintain its political office in Phnom Penh and the office closed at the end of last year. But human rights monitors continue to catalogue incidents of unfair arrests, intimidation of opposition activists and other human rights violations. "The UN ought to fight a bit more to maintain its political presence here given the abuses that still go on," said one UN insider.

There are only two senior Khmer Rouge officials in prison awaiting trial, TaMok and Kaing Khek Iev. Pol Pot, Khmer Rouge leader, died last year. Many other former Khmer Rouge leaders live freely after having surrendered in return for amnesty deals with the government. Hun Sen has said that only four or five leaders at the most would face trial, leading Sam Rainsy, leader of the opposition, to label the proceedings a "mockery of justice". Other top-level Khmer Rouge leaders include the group's nominal leader Khieu Samphan, deputy premier Ieng Sary, political chief Nuon Chea, senior general Ke Pauk. They all live freely in Pailin, a former Khmer Rouge stronghold.

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