Global Policy Forum

By Chris Decherd

Cambodia and the United Nations signed a deal creating a tribunal to try former members of the Khmer Rouge for crimes against humanity, officials said Monday. The agreement was announced after what were billed as last-chance talks that began last week. Negotiations stalled in February 2002 after five years when the United Nations said Cambodia didn't appear willing to sign an agreement that would ensure free and fair trials.

Under pressure from some major powers, including the United States, the General Assembly in December passed a resolution ordering the U.N. team back to the bargaining table. The agreement "reflects our efforts and consensus on the project to render justice to the Cambodian people, to prevent crimes of this scale against humanity," chief Cambodian negotiator Sok An said.

The U.N. official involved in the talks said much more work needed to be done to bring justice to those responsible for the deaths of 1.7 million Cambodians during the Khmer Rouge's rule between 1975-79.

"If the General Assembly approves this agreement and if it is ratified by the competent authorities of Cambodia, this is only the beginning," U.N. Deputy Secretary General for Legal Affairs Hans Corell said. The radical communist movement collapsed in 1998, but none of its leaders have been brought to justice.

Diplomats applauded the results. "It seems like a very encouraging step forward," said Australian Ambassador Louise Hand. "It seems that both sides have been able to show flexibility, and it looks like quite a promising outcome."

Few details of the agreement were made public. The court was to have both Cambodian and international prosecutors and judges, but a sticking point has been who would have the last word on legal decisions.

According to the announcement Monday, the Cambodian side could not block moves at the investigative and prosecuting stage, but could block verdicts in a mixed panel of judges. Sok An said Monday that under the agreement, Cambodian judges cannot unilaterally make any decisions but must come to a consensus with foreign judges.

Much of the agreement still needs to be worked out, including how to fund the tribunal, Corell said.

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