Global Policy Forum

"A trial of former Khmer Rouge leaders for killing more than 1 million people during their rule from 1975 to 1979 is still not expected by millions of Cambodians, who want a trial to find out who is responsible for massacring the people, although there will be negotiations between the United Nations and the Royal Government of Cambodia in early December. "Millions of survivors of the Khmer Rouge's killing – who are anxious to see a trial of the genocidal murderers before they leave this world – expressed their demoralization with the failure of the Cambodian government, politicians, and all concerned to hold negotiations with the United Nations and the international community in order to establish an independent tribunal as soon as possible. "Chea Nat, 56, survived the Khmer Rouge regime, but her husband, children, and siblings were killed. She said that she is disappointed about the process of setting up the tribunal, because some Khmer leaders have no willingness to start the trial, and they are delaying it until the Khmer Rouge leaders, who are getting old, die of old age. "‘I am not happy with the delay allowing the Khmer Rouge leaders to leave this world due to old age,' Chea Nat said. ‘When all the Khmer Rouge leaders die, there will be no one to accuse anyone and no one who is charged with murder. In addition, the persons who are responsible will not be convicted, but I want to have justice and to find the facts to prove who were involved in the genocidal regime that killed my husband, children, and siblings; moreover, I want to know who were the masterminds.'

"Soeun Sokun, 36, a teacher of Khmer literature in a high school, blames the Cambodian government leaders for delaying the agreement with the United Nations on forming an independent tribunal for the Khmer Rouge leaders, and he also urged the Cambodian side to give up the idea of having more Cambodian than international judges in the tribunal. "‘I think that if the government has a real intention, it certainly can do that,' Soeun Sokun said, adding, ‘Cambodian courts and judges are not independent. They really depend on top leaders of the country. Therefore, if the Cambodian government intends to have a just trial, it should not stick with the idea of letting Cambodian courts handle Cambodian cases.' "The expressions of disappointment, worries, and willingness for a trial appeared right after it was reported that a five-member legal delegation of the United Nations will carry out a mission in Cambodia in early December to discuss details about the creation of the tribunal. "The discussion is expected to cover budgets, materials, buildings, and administrative processes. "Mr. Sean Visoth, the executive secretary of the government's task force on the trial, told a foreign newspaper last week that a delegation of the United Nations led by Mr. Karsten Herrel, the United Nations coordinator for assistance to the Khmer Rouge tribunal, will arrive on 8 December and stay in Cambodia until 13 December.

"Discussions between the United Nations and Cambodia failed in early 2002 over which side was responsible for managing and controlling the tribunal, which will include Cambodian judges and international judges. "Various human rights organizations and United Nations member countries strongly criticized the UN negotiating team leader, Mr. Hans Corell, for withdrawing from talks about the Khmer Rouge tribunal in February 2002. "But in December 2002 the United Nations approved a new resolution allowing talks with the Royal Government to resume, and the Royal Government accepted an invitation from the United Nations for discussions on the issue. "In January 2003 a Cambodian delegation went to the United Nations to discuss the trial. "Observers are still not confident that the Cambodian government really intends to resolve the Khmer Rouge issue. "Last month the Prime Minister, Samdech Hun Sen, blamed Alliance of Democrats parliamentarians for not discussing and adopting a law on the trial of Khmer Rouge leaders. "Dr. Lao Mong Hay, the former executive director of the Khmer Institute for Democracy, has criticized the government led by Samdech Hun Sen, saying it has no willingness to fight for justice for victims of the killing fields regime. "Dr. Lao Mong Hay told a foreign reporter in 2000 that he was confident that some big allies of Cambodia would prevent the Khmer Rouge tribunal from proceeding. "About 1.7 million people were killed by torture, starvation, and exhaustion from overwork by the Khmer Rouge during its rule from 1975 to 1979."

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