Chronology  

 

 

 

CHRONOLOGY OF THE KHMER ROUGE TRIBUNAL

 

Compiled from news clips of the Documentation Center of Cambodia

 

 

 

April 30, 1994

The US Congress passes the Cambodian Genocide Justice Act, which states “it is the policy of the United States to support efforts to bring to justice members of the Khmer Rouge for their crimes against humanity committed in Cambodia between April 17, 1975, and January 7, 1979.”

 

 

 

January 13, 1995

The Documentation Center of Cambodia (DC-Cam) is officially established pursuant to the Cambodian Genocide Justice Act, with a two-year, $499,283 grant to the Yale Cambodian Genocide Program.

(Office of Cambodian Genocide Investigations, EAP/CGI, Bureau of Asian and Pacific Affairs, U.S. Department of State, document in the possession of DC-Cam)

 

 

 

September 14, 1996

The Cambodian government grants amnesty to Ieng Sary, former deputy prime minister of Democratic Kampuchea (DK). The amnesty covered his 1979 conviction (Ieng Sary had been sentenced to death and the confiscation of his personal property by the People’s Revolutionary Tribunal).

(Royal Decree, 0996/72)

 

 

 

April 11, 1997

The UN Commission on Human Rights adopts Resolution 1997/49. The resolution requested the Secretary-General, through his special representative, to examine any request for assistance in responding to past serious violations of Cambodian and international law.

 

 

 

May 12, 1997

King Norodom Sihanouk says he was willing to be judged alongside Khmer Rouge leaders to answer his critics, who claimed he was partly responsible for the genocide that took place between 1975 and 1978.

(Cambodia Times, May 12, 1997)

 

 

 

June 11, 1997

Former DK State Presidium Chairman Khieu Samphan announces that senior rebel Son Sen and his wife Yun Yat were arrested for espionage and treason against the Khmer Rouge movement. The Khmer Rouge had accused the two of being spies for Second Prime Minister Hun Sen and the government of Vietnam.

(The Cambodia Daily, June 12, 1997)

 

 

 

June 15, 1997

Son Sen, Yun Yat [Son Sen’s wife], and eight of their relatives are massacred.

(The Nation, June 25, 1997)

 

 

 

June 21,1997

First Prime Minister Norodom Ranariddh and Second Prime Minister Hun Sen request the assistance of the UN and international community “in bringing to justice those persons responsible for the genocide and crimes against humanity” during the Khmer Rouge regime. The following is the detailed content of the request for assistance:

 

Dear Mr. Secretary-General,

 

On behalf of the Cambodian Government and people, we write to you to ask for the assistance of the United Nations and the international community in bringing to justice those persons responsible for the genocide and crimes against humanity during the rule of the Khmer Rouge from 1975 to 1979.

 

The April 1997 resolution on Cambodia of the United Nations Commission on Human Rights requests: “the Secretary-General, through his Special Representative, in collaboration with the Centre for Human Rights, to examine any request by Cambodia for assistance in responding to past serious violations of Cambodian and international law as a means of bringing about national reconciliation, strengthening democracy and addressing the issue of individual accountability.”

 

Cambodia does not have the resources or expertise to conduct this very important procedure. Thus, we believe it is necessary to ask for the assistance of the United Nations. We are aware of similar efforts to respond to the genocide and crimes against humanity in Rwanda and the former Yugoslavia, and ask that similar assistance be given to Cambodia.

 

We believe that crimes of this magnitude are of concern to all persons in the world, as they greatly diminish respect for the most basic human right, the right to life. We hope that the United Nations and international community can assist the Cambodian people in establishing the truth about this period and bring those responsible to justice. Only in this way can this tragedy be brought to a full and final conclusion.

 

Please, Mr. Secretary-General, accept the assurances of our highest consideration.

 

(signed): Prince Norodom Ranariddh

First Prime Minister

 

(signed): Hun Sen

Second Prime Minister

(http://www.khmerinstitute.org/docs/UNKRreportx.htm)  

 

 

 

 

June 23, 1997

The Secretary-General transmits the letter from the two prime ministers to the presidents of the General Assembly and Security Council.

(A/51/930-S/1997/488 of 24 June 1997)

 

 

 

December 12, 1997

The UN General Assembly adopts Resolution 52/135, which called on the Secretary-General to examine the request of Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law. Below are some parts of the Resolution:

 

Desiring that the tragic history of Cambodia requires special measures to assure the protection of the human rights of all people in Cambodia and the non-return to the policies and practices of the past, as stipulated in the Agreement signed in Paris in 1991;

…        

Endorses the comments of the Special Representative that the most serious human rights violations in Cambodia in recent history have been committed by the Khmer Rouge and that their crimes, including the taking and killing of hostages, have continued to the present; and notes with concern that no Khmer Rouge leader has been brought to account for these crimes;

 

Requests the Secretary-General to examine the request by the Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law, including the possibility of the appointment, by the Secretary-General, of a group of experts to evaluate the existing evidence and propose further measures, as a means of bringing about national reconciliation, strengthening democracy and addressing the issue of individual accountability.

 

 

 

April 15, 1998

Pol Pot dies of heart attack at the age of 73 at Anlong Veng near the Thai border, where he had been detained following his one-day trial on July 25, 1997.

(Bangkok Post, April 17, 1998)

 

 

 

July 13, 1998

Pursuant to General Assembly Resolution 52/135 of 12 December 1997, the Secretary-General appoints a three-member Group of Experts for Cambodia to evaluate the existing evidence, to assess the feasibility of bringing Khmer Rouge leaders to justice, and to explore options for bringing Khmer Rouge leaders to justice before an international or national jurisdiction.

(A/52/1007 of 7 August 1998)

 

 

 

July 31, 1998

The UN Secretary-General creates the Group of Experts consisting of Sir Ninian Stephen (Australia, chairman), Judge Rajsoommer Lallah (Mauritius), and Professor Steven Ratner (USA) to assess the feasibility of bringing Khmer Rouge leaders to justice.

 

 

 

November 14, 1998

The Group of Experts visits Cambodia and assessed the evidence held by the Documentation Center of Cambodia.

(Raksmei Kampuchea Daily, November 11, 1998)

 

 

 

December 26, 1998

The Cambodian government announces the defection to the government of the two top Khmer Rouge leaders, Nuon Chea and Khieu Samphan.

(The Cambodia Daily, December 28, 1998)

 

 

 

February 4, 1999

23 Cambodian families file a complaint in the Belgian court against former Khmer Rouge leaders Nuon Chea, Khieu Samphan, and Ieng Sary, accusing them of committing crimes of genocide, crimes against humanity, and war crimes. The plaintiffs were encouraged to lay charges after Belgian-based victims of Pinochet successfully applied for an international arrest warrant for the former Chilean dictator.

(Phnom Penh Post, February 19 – March 4, 1999)

 

 

 

February 5, 1999

China voices opposition to the establishment of an international tribunal for former Khmer Rouge leaders, saying it is an internal matter for Cambodia. China’s Foreign Minister Tang Jiaxuan said that the trial of Khmer Rouge leaders in an international court brokered by the UN was the idea of Western countries, particularly the United States.

(Reported by Rita Patiyasevi and Marisa Chimprabha on February 6, 1999)

 

 

 

February 7, 1999

Ieng Thirith, Ieng Sary’s wife and Minister of Social Action and Education during DK, writes a letter in response to a February 5 article in The Cambodia Daily entitled “Ieng Sary Warns of New Unrest over KR Trial.” The article stated that Ieng Thirith is one of the four surviving Khmer Rouge central committee members living in Pailin.

(Raksmei Kampuchea Daily, February 11, 1999 &

The Cambodia Daily, February 5, 1999)

 

 

 

February 12, 1999

The Cambodian government incorporates what it calls the last remnants of the Khmer Rouge into the Royal Cambodian Armed Forces.

 

 

 

February 18, 1999

The Report of the Group of Experts for Cambodia Pursuant to General Assembly Resolution 52/135 is published. The report recommended the creation of an international tribunal and truth commission to deal with crimes of the Khmer Rouge period.

 

 

 

March 6, 1999

Former Communist Party of Kampuchea Standing Committee Member Chhit Choeun, alias Mok and Ta Mok, is arrested by the Cambodian army under the 1994 Cambodian law banning the Khmer Rouge.

(Bangkok Post, March 7, 1999)

 

 

 

March 15, 1999

The Report of the Group of Experts for Cambodia Pursuant to General Assembly Resolution 52/135 is submitted to both the Security Council and the General Assembly. In its report, the Group recommended the establishment of an international tribunal to try the Khmer Rouge officials for crimes against humanity and genocide committed from 17 April 1975 to 7 January 1979.

(A/53/850-S/1999/23/1)

 

 

 

May 5, 1999

Kaing Guek Eav (aka Duch), former Khmer Rouge chief of Tuol Sleng Prison, is quoted as saying that Nuon Chea ordered him to kill the foreigners at Tuol Sleng and “burn their bodies with tires to leave no bones.”

(Far Eastern Economic Review, May 13, 1999)

 

 

 

July 29, 1999

In a meeting with the Cambodian Permanent Representative, the Office of Legal Affairs presents the UN proposal on the establishment of a mixed tribunal for the prosecution of the Khmer Rouge leaders. (A note setting out the main elements of the mixed tribunal was distributed.)

 

 

 

August 12, 1999

The Cambodian National Assembly approves a new law extending the period of pre-trial detention from six months to three years for people charged with war crimes, crimes of genocide and crimes against humanity.

(Raksmei Kampuchea Daily, August 14, 1999)

 

 

 

August 13, 1999

A UN human rights official criticizes legislation approved by the Cambodian National Assembly that allows a three-year pre-trial detention period for suspects charged with genocide, war crimes and crimes against humanity. Rosemary McCreery, director of the Cambodia office of the UN High Commissioner for Human Rights, stated that a three-year detention period violates international standards of justice.

(The Cambodia Daily, August 13, 1999)

 

The Cambodian government says it wants to maintain overall control of a UN-backed international-style tribunal. Senior Minister Sok An says the tribunal will take place in Cambodian court, but the participation of foreign judges and legal experts will be accepted.

(The Cambodia Daily, August 16, 1999)

 

 

 

August 20, 1999

 

The Royal Government creates its “Task Force for Cooperation with Foreign Legal Experts and Preparation of the Proceedings for the Trial of Senior Khmer Rouge Leaders,” of which Sok An was appointed the chairman.

The Task Force commenced its work by drafting the law. This first draft law was produced in August 1999 and presented to a United Nations delegation led by H.E. Ralph Zacklin, deputy of Under Secretary-General Hans Corell, in charge of legal affairs of the United Nations.

The Cambodian Draft Law received legal and other technical contributions from experts from France, India, Russia and Australia, and the United States, in addition to input from the United Nations.

The first UN delegation, sent in August 1999, studied the first draft law and presented its own draft. At that time there was no consensus. One major difference was that Zacklin wanted foreign judges to hold the majority, while Cambodia claimed that Cambodian judges must be in the majority.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

August 25-31, 1999

The first UN mission to Cambodia is proposed to conduct negotiations on the legal and practical aspects of establishing a mixed tribunal under Cambodian law and meeting international standards of justice; comments on the draft Cambodian law were submitted.

 

 

 

August 31, 1999

UN and Cambodian officials end a week of negotiations without reaching an agreement on how to set up a genocide tribunal. UN Assistant Secretary for Legal Affairs Ralph Zacklin said that if the Cambodian government does not meet conditions that the UN believes necessary for a tribunal, “The UN will simply cease to follow this process.” The UN delegation summarized its main message:

 

...If the trial of the Khmer Rouge leaders is to meet international standards of justice, fairness and due process of law, and gain the support and legitimacy of the international community, it is vital that the international component of the tribunal be substantial and that it be seen to be effective on the international as well as the national plane. This cannot be achieved by merely adding a number of foreign judges to the composition of the existing court system. Only a special, sui-generis tribunal, separate from the existing court system, in which Cambodians and non-Cambodians would serve as judges, prosecutors and registry staff accomplish this.”

(click here to get full text)

 

 

September 6, 1999

Ta Mok and Duch are charged with “genocide” under Decree No. 1 issued on August 15, 1979.

(Prosecutor’s Order No. 044/99, Military Court)

 

 

 

September 18, 1999

Former Khmer Rouge leaders Ieng Sary and Nuon Chea, now allies of the Hun Sen government, issue a statement suggesting the possibility of a return to civil war if a tribunal is held. The statement also criticized demands by human rights groups and opposition politicians that Nuon Chea and Ieng Sary be tried.

 

 

 

September 20, 1999

While attending the 54th UN General Assembly, Hun Sen delivers a document to UN Secretary-General Kofi Annan outlining three options for UN involvement in a tribunal: 1) provide a legal team and participate in a tribunal conducted in Cambodia’s existing courts; 2) provide legal advice without direct participation in the tribunal; 3) withdraw completely from the proposed tribunal.

(The Cambodia Daily, September 20, 1999)

 

 

 

September 23, 1999

Returning from talks with UN Secretary-General Kofi Annan on how to try Pol Pot’s former henchmen, top government officials vow to proceed with a trial on their own terms. Instead of assembling an international-style tribunal proposed by the UN, Cabinet Minister Sok An said the government will seek advice from independent US and French legal experts to secure the legitimacy critics say Cambodian courts lack. “We will continue to work on our own draft,” said Sok An, “I promise to keep [the UN] informed on our progress.”

(The Cambodia Daily, September 24, 1999)

 

 

 

October 8, 1999

The US State Department drops the Khmer Rouge from their list of terrorist organizations, because “it no longer exists as a viable terrorist organization.”

(The Cambodia Daily, October 8, 1999)

 

 

 

October 19, 1999

Hun Sen endorses a US proposal for a tribunal with three Cambodian judges and two UN-appointed judges. Decisions would require a “supermajority,” in which at least one of the UN-appointed judges would have to agree with any verdict handed down by the tribunal.

(The Cambodia Daily, October 20, 1999)

 

 

 

December 20, 1999

The Cambodian government sends the UN the draft law outlining how to try one-time Khmer Rouge leaders in a special session of Phnom Penh court with a majority of Cambodian judges and a prosecuting team of one foreign judge and one Cambodian. Cambodia will adopt the law with or without UN approval, said Prime Minister Hun Sen.

(The Cambodia Daily, December 22, 1999)

 

 

 

December 23, 1999

Sok An says, “UN Secretary-General Kofi Annan made his comments on the draft, indicating that the UN chose the second option of our memorandum.” (He was referring to the three options Hun Sen proposed to Annan in September 20th.)

 

 

 

December 24, 1999

The Cambodian government amends the draft tribunal law so that tribunal expenses previously to be paid by the UN trust fund would be paid for by a combination of donations from the UN, NGOs and individual countries, and would include an effort from the Cambodian government. The amendment stated that if other countries want to send judges or prosecutors to the proceedings, those countries must pay their own expenses.

(The Cambodia Daily, December 25-26, 1999)

 

 

 

December 27, 1999

Benson Samay, Ta Mok’s lawyer, says he plans to issue subpoenas to several former world leaders, including three former US presidents, in order to question them on their support of the DK regime from 1975 to 1979. Among those he planned to subpoena are Jimmy Carter, Ronald Reagan and George Bush, as well as Margaret Thatcher and Henry Kissinger.  

 

 

 

December 28, 1999

A second draft tribunal law is sent to the UN Secretariat with another request to respond promptly.

 

 

 

January 5, 2000

UN Legal Counsel Hans Corell meets with Ambassador Ouch Borith, the permanent representative of Cambodia to the UN, to hand over the UN’s comments on the second draft law concerning the tribunal.

(The Associated Press, January 6, 2000)

 

 

 

January 6, 2000

The Cambodian Cabinet approves the draft law to try surviving Khmer Rouge leaders for genocide, despite lingering UN concerns over the limits placed on international jurists.

(South China Morning Post, January 7, 2000)

 

 

 

January 14, 2000

The Cambodian Cabinet amends the draft tribunal law to allow for the participation of one foreign judge in the investigation process.

 

 

 

January 18, 2000

The UN receives the translation of the amended draft law for a Khmer Rouge tribunal.

 

 

 

January 19, 2000

Sok An tells reporters that he submitted the draft tribunal law to Prince Norodom Ranariddh for debate in the Cambodian National Assembly.

(Kyodo, January 19, 2000)

 

 

 

January 27, 2000

Cambodia’s first public forum for discussion of a Khmer Rouge tribunal is held in the northwestern town of Battambang. About 100 people, including former mid-ranking Khmer Rouge officials, attended the talk.

(Reuters, January 27, 2000)

 

 

 

February 4, 2000

Former top Khmer Rouge leader Khieu Samphan says he is willing to come forward and speak out in a public forum.

(Phnom Penh Post, February 4-17, 2000)

 

 

 

February 8, 2000

Prime Minister Hun Sen gives the strongest signal yet he is not prepared to surrender control of a Khmer Rouge trial to the United Nations, dimming hopes of an international genocide tribunal. Speaking to reporters after a closed-door party meeting, Hun Sen blasted UN demands for an international “killing fields” trial as hypocrisy, and urged the world to pay more attention to Cambodia’s appalling poverty instead. “I have a strongest message: the world should pay attention to peace, national reconciliation, national unity, economic development and reducing poverty rather than the Khmer Rouge trial,” said the prime minister.

(AFP, February 9, 2000)

 

Kofi Annan says that he does not agree with the draft tribunal law approved by the Cambodian government. He identified four fundamental issues: guarantees that those indicted would be arrested; no amnesties or pardons; the appointment of independent, international prosecutors; and the appointment of a majority of foreign judges.

(Kyodo News Agency, February 10, 2000)

 

 

 

February 10, 2000

Hun Sen rejects Kofi Annan’s response on Cambodia’s draft law on Khmer Rouge trials, saying it was unfair to Cambodia. In a letter to the Secretary-General, the prime minister stated that he did not welcome the gap in the positions between the UN and Cambodia, in particular, in the light of the positions taken by other Member States.

(Xinhua, February 10, 2000)

 

 

 

February 12, 2000

On the sidelines of a UN trade conference in Bangkok, Kofi Annan says he is optimistic that a new UN mission to Cambodia will resolve differences with the government over establishing a tribunal.

(AFP, February 11, 2000)

 

 

 

February 14, 2000

Former US Secretary of State Henry Kissinger scoffs at suggestions that he should testify for the defense in a Khmer Rouge genocide trial, saying his Cold War policies sought to stop the Cambodian guerrillas. “I would be a much better witness for the prosecution than I would be for the defense,” Kissinger says. “And I believe all the people in this region who know anything about Cambodia would support this.”

(Associated Press, February 14, 2000)

 

 

 

March 6, 2000

Hun Sen criticizes the UN saying that three former UN Secretaries General should be held accountable for the Khmer Rouge’s occupation of Cambodia’s UN seat during the late 1970s and 1980s. Prince Ranariddh told reporters that he understood the “reality” of Hun Sen’s position, but that he and his father, King Sihanouk, hoped a compromise could be reached.

 

 

 

March 16, 2000

UN and Cambodian negotiators hold their first meeting in the latest round of negotiations to discuss outstanding differences on the format of a Khmer Rouge tribunal. Four critical issues were on the table: who will name the suspects in the trial, whether the Cambodian government will arrest all suspects, whether lingering government deals with the Khmer Rouge will protect some former rebels from being prosecuted, and how the trial’s foreign and Cambodian judges will be appointed.

(The Cambodia Daily, March 16, 2000)

 

 

 

March 21, 2000

Letters are exchanged between UN Under-Secretary General for Legal Affairs Hans Corell and Sok An on the questions of amnesty, co-prosecutors and their power to act independently in case of disagreement; the question of the dispute-settlement mechanism was still pending.

 

 

 

March 22, 2000

Following a week of negotiations, Cambodia and the UN announce that they failed to reach agreement on how to convene a joint tribunal of Khmer Rouge leaders.

 

 

 

April 10, 2000

King Sihanouk declares he is willing to face either a Cambodian-run or international genocide tribunal to explain his role during the DK regime.

(The Nation, April 11, 2000)

 

 

 

April 19, 2000

Annan writes to Hun Sen in response to the Cambodian leader’s expressed backing of a US plan to resolve the sensitive issue of how to handle indictments in the proposed joint tribunal. “I have not examined it yet,” Cambodian chief negotiator Sok An said of Annan’s letter. “Only thoroughly examining it will give comments and elaboration on the process.” Annan told reporters at UN headquarters, “There have been several proposals put on the table to break the one impasse we have – the impasse on how you handle a situation where one of the prosecutors disagrees with the other” and how an effective review mechanism could work.

(The Cambodia Daily, April 22-23, 2000)

 

 

 

April 22, 2000

Hun Sen responds to the Secretary-General’s letter of 19 April in which he stated that the exchange of letters between the UN and Cambodia could not be executed before the Law is adopted. He proposed a “special chamber” formula to settle disagreements between the co-prosecutors.

 

 

 

April 25, 2000

Annan sends a second letter to Hun Sen in response to his letter of 22 April urging him to accept the UN proposal.

 

 

 

April 27, 2000

Hun Sen responds to Annan’s April 25 letter requesting an extension of the temporal jurisdiction of the Extraordinary Chambers to begin in 1970.

 

 

 

Apri1 29, 2000

Hun Sen agrees to accept a proposal put forward by US Senator John Kerry. Under the proposal, a panel of judges — three Cambodian and two foreign—would rule on disputes regarding indictments. Four judges would need to be in agreement to block a case from proceeding.

 

 

 

May 17, 2000

Annan writes to Hun Sen seeking confirmation that Hun Sen accepts, through Senator Kerry, the proposal made in the Secretary-General’s letter of April 19 regarding the mechanism to resolve any differences between the co-investigating judges and the co-prosecutors, and that the temporal jurisdiction of the Extraordinary Chambers be limited to 1975-1979.

 

 

 

May 19, 2000

Hun Sen sends a letter to Kofi Annan expressing his support for the compromise formula brokered by Kerry in April to try Khmer Rouge leaders.

(Raksmei Kampuchea Daily, May 26, 2000)

 

 

 

July 6, 2000

The UN and Cambodian government finalize the details of a draft accord for the tribunal. The envisaged tribunal would be a Cambodian court with the participation of international judges and prosecutors.

 

 

 

July 7, 2000

Hans Corell presents a draft Memorandum of Understanding that would govern cooperation between the UN and Cambodia on the establishment and operation of a tribunal. The Memorandum was to be signed by the UN and Cambodia after the Cambodian parliament passed the tribunal into law. Corell and Om Yintieng, a top advisor to Hun Sen, toured the Chaktomok Theater, a possible venue for the tribunal, before the UN legal team leaft Cambodia.

 

 

 

September 24, 2000

Hun Sen indicates that former Khmer Rouge Foreign Minister Ieng Sary should not be brought to trial on charges of genocide. (In 1979, Ieng Sary was sentenced to death in absentia along with Pol Pot, but was granted amnesty by King Sihanouk after he defected to the government in 1996.) He added that it would be up to the courts and the National Assembly, which was considering a draft law on a Khmer Rouge tribunal, on what to do with Ieng Sary.

(The Cambodia Daily, September 25, 2000)

 

 

 

October 17, 2000

Prince Ranariddh tells reporters that King Sihanouk had expressed a wish to see the tribunal delayed because he was concerned about peace and stability in the country. The prince also said that the draft bill on the tribunal was not likely to be adopted this year because the government was more concerned about the recent floods.

 

 

 

October 18, 2000

Hun Sen announces on national radio his intention to push the tribunal law forward. He stated, “We need to have a court soon or the ghosts of the Khmer Rouge will haunt us.”

(The Associated Press, October 18, 2000)

 

 

 

November 2, 2000

Eleven nations including Japan, Australia, Canada and New Zealand, submit a resolution to the UN Human Rights Commission requesting the Cambodian government to set up a court to try the Khmer Rouge.

 

 

 

November 20, 2000

According to newspaper reports, US Senator John Kerry’s one-day visit to Cambodia may have revived government efforts toward the formation of the Extraordinary Chambers. Kerry left with firm promises from Sok An, Hun Sen and Prince Ranariddh that the tribunal process would move forward following a schedule that could allow the National Assembly to pass the law in December.

(Phnom Penh Post, November 24-December 7, 2000)

 

 

 

November 28, 2000

The Legislative Committee of the Cambodian Parliament and the Government Task Force conclude their discussions on the tribunal draft law. The law was then ready to be debated by the National Assembly.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

November 28, 2000

In an interview with Japanese television, Hun Sen reaffirms that trying Ieng Sary may create problems for Cambodia. However, he stated, “Touching Khieu Samphan and Nuon Chea would be no problem.”

(Associated Press, December 3, 2000)

 

 

 

December 4, 2000

UNGA A/RES/55/95


Paragraph 18: Welcomes the successful conclusion of the talks between the Government of Cambodia and the United Nations Secretariat on the question of the trial of the Khmer Rouge leaders who are most responsible for the most serious violations of human rights, appeals strongly to the Government to ensure, including by facilitating the expedited completion of the necessary legislative process as soon as possible, that those Khmer Rouge leaders are brought to account in accordance with international standards of justice, fairness and due process of law, encourages the Government to continue to cooperate with the United Nations on this issue, and welcomes the efforts of the Secretariat and the international community in assisting the Government to this end;

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

December 19, 2000

Ieng Sary informs the media that he has been contributing to national rebuilding and reconciliation since his defection in September 1996. He also said that he was only in charge of foreign affairs during DK and was not responsible for the genocide.

 

 

 

December 29, 2000

The Cambodian National Assembly receives the tribunal draft bill from the government Task Force. All 98 of the 122 Assembly members present voted for the first chapter of Khmer Rouge tribunal law. The law was expected to be passed in full in early January.

(The Cambodia Daily, December 30-31, 2000)

 

 

 

January 2, 2001

The Cambodian National Assembly unanimously approves the draft law to establish the Extraordinary Chambers to try the Khmer Rouge leaders.

(Washington Post, January 3, 2001)

 

 

 

January 3, 2001

The United States welcomes steps by Cambodia’s National Assembly to establish means to investigate and prosecute senior Khmer Rouge leaders for crimes committed during 1975-79.

(South China Morning Post, January 3, 2001)

 

 

 

January 9, 2001

Hans Corell dispatches a letter to the Cambodian government expressing his disapproval of the approved draft law. The UN proposed changes to 18 of the 49 articles of the draft law. Corell also stated that the draft law lacked a provision to ensure adequate UN oversight guaranteeing that prosecutors have authority to pursue suspects who are under amnesty.

 

 

 

January 9, 2001

An unofficial translation of the Law as adopted by the National Assembly on January 2, 2001 is received from the UN Human Rights Office in Phnom Penh. In a letter of January 9, 2001, Corell raised concerns with regard to some of its provisions.

 

 

 

January 15, 2001

The Cambodian Senate unanimously approves the draft tribunal law.

(The Cambodia Daily, January 16, 2001)

 

 

 

January 19, 2001

Hun Sen announces that Khieu Samphan, who was DK head of state from April 1976 to January 1979, had sent him a message saying that he was willing to face the tribunal if necessary.

(Raksmei Kampuchea, January 21, 2001)

 

 

 

February 9, 2001

Corell requests an official translation of the adopted law.

 

 

 

February 12, 2001

The Constitutional Council approves the draft law. Yong Sem, a member of the Council, concluded that the law is “legitimate under constitutional law.” However, the Council noted a technical discrepancy in Article 3 of the draft law, which proposed the death penalty as the maximum punishment. Since the death penalty had been abolished under the current Cambodian Constitution, the Council announced it would send the draft law back to Parliament for amendment.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

February 23, 2001

Hun Sen announces that the draft law must go back to the drafting stage and be debated by Parliament again due to the technical discrepancy identified by the Constitutional Council, which cited a technical error in the legislation that made reference to the 1956 penal code, which contains the death penalty. The fact that the law had to go through the National Assembly for the second time disappointed the UN. “It seems like we are now starting at the bottom of the ladder again,” UN spokesman Fred Eckard told reporters in New York.

(The Cambodia Daily, February 26, 2001)

 

 

 

April 25, 2001

Hun Sen says he wants to keep the bones of Khmer Rouge victims as evidence for a planned trial of Khmer Rouge leaders, after which the fate of the remains could be decided by a public referendum. The prime minister also said that the law would be debated a second time by the Council of Ministers before June, after which the law would be passed on to the National Assembly.

(The Cambodia Daily, April 26, 2001)

 

The UN Human Rights Commission adopts a resolution sponsored by Japan urging the Cambodian government to set up a genocide tribunal as soon as possible.

 

 

 

May 18, 2001

Hun Sen denies accusations by reporters that China is pressuring the Cambodian government over the issue of the tribunal. Instead, he said, “the people who put pressure on me have been [UN Secretary-General] Kofi Annan and [Chief UN Legal Officer] Hans Corell and Americans like [US senator] John Kerry.”

(Far Eastern Economics Review, May 24, 2001)

 

 

 

May 21, 2001

Kofi Annan urges the Cambodian government to expedite the tribunal law. Annan told reporters that his office had not heard anything from the Cambodian government about the tribunal for about six months.

 

 

 

June 1, 2001

Hun Sen pledges that he will ratify the Rome Statute of the International Criminal Court. If approved by the Parliament, Cambodia would be the first country in the Association of Southeast Asian Nations to ratify the statute. The Prime Minister stated, “Cambodia will benefit the most because of its incomparable experience of genocide in recent years.”

 

 

 

June 4, 2001

DC-Cam Director Youk Chhang asks Thammasat University to hand over the records of Nuon Chea, who studied law at the university on an academic scholarship in the 1940s and later worked for a time in the Thai Foreign Ministry, saying they may contain vital evidence for the Khmer Rouge tribunal.

(Bangkok Post, June 5, 2001)

 

 

 

June 8, 2001

In a letter to Sok An, Corell reiterates the needs for an official translation of the law and consistency between the two instruments.

 

 

 

June 12, 2001

Hun Sen announces to international donors at the two-day Consultative Group Meeting held in Tokyo that Cambodia planned to enact the tribunal bill soon. The prime minister said that he had deep respect for justice, and that a Khmer Rouge tribunal could begin by the end of the year.

(The Cambodia Daily, June 15, 2001)

 

 

 

June 17, 2001

Former Khmer Rouge chief ideologist and Brother Number Two, Nuon Chea, says he will face the court and would accept its legitimacy. However, Nuon Chea insisted he had no knowledge of the killings until after his defection to the government in December 1998.

(The Cambodia Daily, June 19, 2001)

 

 

 

June 22, 2001

The Cambodian government amends the tribunal draft law, replacing the death penalty with life in prison as the maximum punishment. Hun Sen also expressed optimism that the tribunal could take place by the end of this year.

(The Cambodia Daily, June 23-24, 2001)

 

 

 

June 22, 2001

UN High Commissioner for Human Rights’ special representative for Cambodia, Peter Leuprecht, says Ieng Sary should be tried for crimes committed during 1975-79, and that if the trial is limited to Ta Mok and Duch, it would not be sufficient.

(The Cambodia Daily, June 25, 2001)

 

 

 

June 27, 2001

In response to recent media statements that a tribunal could start this year, the UN issues a press release stating that no internationally recognized trials could start until the Memorandum of Understanding between the UN and Cambodia was signed and ratified.

(Bangkok Post, August 5, 2001)

 

 

 

June 28, 2001

Sihanouk assures the UN’s Peter Leuprecht that he would sign into law a bill to set up a UN-assisted tribunal to bring Khmer Rouge leaders to justice.

 

 

 

June 29, 2001

Hun Sen says that if the UN is unhappy about the bill, it can withdraw from the tribunal. “If you don’t join, it’s better for me. I am going to implement an agreement between the government and you,” he stated.

(The Cambodia Daily, June 30-July 1, 2001)

 

 

 

June 30, 2001

Ranariddh reiterates Hun Sen’s position that Cambodia will not bow to UN demands regarding the tribunal bill. He stressed that “Cambodia will have no further negotiation” and “whether the UN accepts this law or not is their problem.”

(Reuters, June 30, 2001)

 

 

 

July 2, 2001

In his letter to Corell, Sok An states his understanding of the relationship between the Law and the Agreement. While accepting the principle that they should be in conformity with each other, he rejected the notion of “imposition.”

 

 

 

July 6, 2001

In his response, Corell reiterates the need for consistency between the two documents.

 

 

 

July 11, 2001

The National Assembly approves legislation to establish a tribunal for Khmer Rouge leaders. After the approval, Sok An told reporters that he and Hans Corell “will continue to negotiate more after the law comes into effect.”

 

 

 

July 12, 2001

Sihanouk announces that he will not involve himself with the tribunal process, especially over the issue of “whether to try Ieng Sary, Noun Chea and Khieu Samphan.”

(The Cambodia Daily, July 13, 2001)

 

 

 

July 13, 2001

The Cambodian Senate receives the revised Khmer Rouge tribunal legislation.

 

 

 

July 16, 2001

The War Crimes Research Office at American University releases a report by Stephen Heder and Brian Tittemore outlining charges and available evidence related to the possible prosecution of seven living leaders of the Khmer Rouge. The leaders examined in the report are Nuon Chea, Ieng Sary, Khieu Samphan, Ta Mok, Kae Pauk, Sou Met, and Meah Mut.

 

 

 

July 18, 2001

Hun Sen announces that the indictment of Khmer Rouge leaders is a decision to be made by the court, and not by scholars. The prime minister characterized the findings as foreign interference in Cambodia’s legal system.

(Associated Press, July 18, 2001)

 

 

 

July 23, 2001

The Cambodian Senate unanimously approves the new tribunal legislation. After the vote, Sok An told reporters he was optimistic that Cambodia and the UN would reach a resolution and that, “the date of the trial now depends on these negotiations.”

(Reuters, July 24, 2001)

 

 

 

July 30, 2001

Hun Sen says in a speech at a teacher’s college that the “government has not yet ordered the arrests of Khieu Samphan, Nuon Chea or Ke Pauk,” suggesting that the arrests need to be balanced with peace and national reconciliation.

(AFP, July 31, 2001)

 

 

 

August 1, 2001

Sok An indicates that the Cambodian government was still seeking the UN’s participation in a genocide tribunal. In a speech given in his home of Takeo province, he said, “we need a partnership between the Cambodian government and the United Nations in the process of the trials of the Khmer Rouge leaders.”

(Deutsche Presse-Agentur, August 2, 2001)

 

 

 

August 7, 2001

The Constitutional Council approves the second draft of a law that would establish a tribunal for leaders of the Khmer Rouge regime.

(The Cambodia Daily, August 8, 2001)

 

 

 

August 10, 2001

King Sihanouk signs landmark legislation “on the Establishment of Extraordinary Chambers in the Courts of Cambodia for Prosecuting Crimes Committed during the Period of Democratic Kampuchea—April 17, 1975 to January 6, 1979.”

(Associated Press, August 10, 2001)

 

 

 

August 14, 2001

Hun Sen says at an inauguration ceremony, which included some of the country’s former Khmer Rouge military commanders, that at least the ten top leaders of the Khmer Rouge would be tried at the proposed tribunal, and that lower- and mid-level cadres would not be among the dozen leaders to be tried for crimes against humanity: “Don’t be afraid. Don’t run into the jungle. This trial is just for some top Khmer Rouge leaders.”

(The Voice of Cambodia, August 14, 2001)

 

 

 

August 16, 2001

US Ambassador Kent Wiedemann states that the government had given a clear written promise that Ieng Sary can be brought before a Khmer Rouge tribunal and that the US would withdraw its support for the tribunal if Ieng Sary was not tried.

(The Cambodia Daily, August 17, 2001)

 

 

 

August 18, 2001

Sok An submits to the UN the Law on the Establishment of the Extraordinary Chambers, as adopted on August 10, 2001, in its Khmer version, with a note that the unofficial translation of the Law in both English and French is being finalized.

 

 

 

August 20, 2001

Hun Sen states that Khieu Samphan could not avoid facing trial despite his denial of involvement in genocide. Prompted by Cambodia’s passage of the tribunal law, a copy of which was sent to the UN in New York, Khieu Samphan denied he ordered killings during DK.

(South China Morning Post, August 21, 2001)

 

 

 

August 30, 2001

The UN receives the official translations from Khmer to English and French under cover of a letter from Sok An to the UN’s Hans Corell.

 

 

 

August 30, 2001

Two US senators recommend that the UN not take part in a proposed trial of former Khmer Rouge leaders if the Cambodian government refused to allow safeguards ensuring high legal standards.

(The Cambodia Daily, September 8-9, 2001)

 

 

 

August 31, 2001

The Cambodian military says it removed tanks and artillery from a former Khmer Rouge stronghold, but denies the move was to avoid violence ahead of planned genocide trials.

 

 

 

September 13, 2001

Ke Pauk, former Khmer Rouge deputy military commander, denies any involvement in the atrocities that claimed the lives of more than 1 million Cambodians, saying he was a very small member and standing in a very small part of the country. He also denied rumors that he was seeking a visa to travel to China.

(The Cambodia Daily, September 13, 2001)

 

 

 

October 2, 2001

Sok An extends an invitation to Hans Corell to come to Cambodia to finalize the Articles of Cooperation.

 

 

 

October 8, 2001

Hun Sen tells US Ambassador Kent Wiedemann he is “anxious to go to trial” using legislation approved by the government and signed by King Sihanouk in August. The Cambodian government sent an invitation to the UN to continue discussions on the tribunal, pushing ahead the final process of setting up trials.

(The Cambodia Daily, October 10, 2001)

 

 

 

October 10, 2001

In an October 10 letter to Sok An, Hans Corell states that for the UN a number of issues of concern remained. Principal among them was which document – the Law or agreement between the government and the UN – would govern the conduct of the Extraordinary Chambers in the event of a disagreement between the two documents.

(Briefing by Hans Corell, February 8, 2002)

 

 

 

October 15, 2001

The United Kingdom donates $500,000 to the UN to help fund the trials of Khmer Rouge leaders in Cambodia, becoming the first country to officially offer financial assistance to the proposed tribunal. “At the moment, the British government has placed half a million dollars with the UN in New York to provide for a Khmer Rouge trial process in Cambodia,” said British Ambassador Stephen Bridges.

(United Nations Foundation, UN Wire, October 15, 2001)

 

 

 

November 2, 2001

Japan plans to nominate Kuniji Shibahara, a professor of law at Gakushuin University, to serve as a judge at a tribunal.

(The Japan Times Online, November 3, 2001)

 

 

 

November 23, 2001

In a letter to Hans Corell, Sok An states, “While the Articles of Cooperation may clarify certain nuances in the Law, and elaborate certain details, it is not possible for them to modify, let alone prevail over, a law that has just been promulgated.”

 

Sok An acknowledges receipt of the letter and revised draft Agreement, stating that his response is still partial; he raised in this connection an objection to the primacy of the Agreement over the Law.

 

 

 

November 25, 2001

Negotiations between Cambodia and the UN on setting up the tribunal stall over which language to use as the official one.

(Cambodia Today, Phnom Penh, November 26, 2001)

 

 

 

December 14, 2001

The Royal Government of Cambodia issues a circular on the preparation of remains of the victims of the DK genocide (1975-1978) and preparation of Anlong Veng to become a region for historical tourism.

 

 

 

December 18, 2001

In a letter to Sok An, Corell indicates that a comprehensive response will be sent once the Cambodian team completes its review of the UN comments.

 

 

 

December 19, 2001

United States Conference Report on H.R.2506, Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (December 19, 2001) “conditions assistance to any Khmer Rouge tribunal established by the Government of Cambodia on a determination and clarification to congress that the tribunal is capable of delivering justice for crimes against humanity in an impartial and credible manner.”

-----

UNGA A/RES/56/169
Section IV: Khmer Rouge tribunal
Paragraph 2: Welcomes the promulgation of the Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea, noting with appreciation the general provisions and competence of the Law and its provision for a role for the United Nations, appeals to the Government of Cambodia to ensure that the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom and international conventions recognized by Cambodia are brought to trial in accordance with international standards of justice, fairness and due process of law, encourages the Government to continue to cooperate with the United Nations on this issue, welcomes the efforts of the Secretariat and the international community in assisting the Government to this end, urges the Government and the United Nations to conclude an agreement without delay so that the Extraordinary Chambers can start to function promptly, and appeals to the international community to provide assistance in this regard, including financial and personnel support to the Chambers;

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

January 21, 2002

Foreign Minister Hor Nam Hong expresses pessimism about the tribunal, reasoning, “Due to the UN bureaucracy, there will be no hope that the trial of the Khmer Rouge leaders will be in process soon, and that the Khmer Rouge leaders might die before an agreement between the UN and the government of Cambodia is reached on the establishment of the Khmer Rouge tribunal.”

(Raksmei Kampuchea Newspaper, January 25, 2002)

 

 

 

January 22, 2002

Sok An faxes a three-page letter to the UN “to eliminate suspicion and express clearly” the government’s position on the make-up of the tribunal.

(The Cambodia Daily, January 23, 2002)

 

 

 

February 8, 2002

The Secretary-General instructs his legal counsel, Hans Corell, to deliver a letter to the Cambodian government informing them that the UN will no longer negotiate with the government on establishing a special court to try Khmer Rouge leaders. In a daily press briefing, Corell stated, “At the instruction of the Secretary-General of the United Nations, the United Nations will no longer continue negotiations with the Royal Government of Cambodia towards the establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea.”

(The Cambodia Daily, February 8, 2002)

 

 

 

February 10, 2002

Sok An says the Cambodian government regrets the UN decision announced on February 8. “The Cambodian government is keeping its door open for further negotiations. We have not closed the door like Mr. Corell did.”

(The Cambodia Today, February 10, 2002)

 

 

 

February 11, 2002

An Amnesty International press release states: “The announcement that the United Nations is pulling out of its cooperation with Cambodian authorities to bring suspected perpetrators of gross human rights violations from the Khmer Rouge era to justice came as no surprise. The net result of these years of work is that Cambodian people are still no closer to achieving justice, and that is the real tragedy.”

 

Hun Sen calls on the UN to reconsider its withdrawal from talks on bringing former Khmer Rouge leaders to trial, urging the world body not to “fall into the wrong path again” with the country’s former rulers. He told reporters that Cambodia could wait “two or three more months” for the UN to change its mind, but said his government will not wait indefinitely.

(CNN.com./WORLD, February 11, 2002)

 

 

 

February 12, 2002

In a statement in response to the UN’s announced pullout from tribunal negotiations, Sok An says: “The Royal Government of Cambodia remains committed to seeking justice for the crimes perpetrated by the Khmer Rouge, on behalf of the Cambodian people and of humanity as a whole. We believe that the Law promulgated on 10 August 2001 provides a sound foundation for such a process based within the Courts of Cambodia with international participation and meeting internationally accepted standards, and we earnestly hope that the United Nations will be a part of this process.”

 

The United States encourages the UN not to abandon efforts to participate in the tribunal.

(Wire-News from the AP, February 12, 2002)

 

Sok An writes to Hans Corell expressing dismay at the announcement of UN withdrawal from the negotiations, and the earnest hope that the UN will return to task of finalizing the Article of Cooperation and establishing the Extraordinary Chambers.

(Phnom Penh Post, February 15-28, 2002)

 

 

 

February 14, 2002

Lawyers seek Ta Mok’s release after the UN drops out of the Khmer Rouge trial process. Ta Mok, 75, was jailed in 1999 in Phnom Penh pending trial for his role in the 1975-79 regime. Under Cambodian law, Ta Mok must be formally charged or freed by March 6.

(Reuters, February 15, 2002)

 

 

 

February 15, 2002

Khmer Rouge Brigadier General Ke Pauk, 68, dies of natural causes. Suffering from high blood pressure and diabetes, he went to Thailand for medical treatment in January, suffered a stroke and returned to Anlong Veng in northern Cambodia, where he died.

(Reuters, February 16, 2002)

 

 

 

February 20, 2002

The European Union urges the UN not to give up on negotiations with Cambodia over establishing the tribunal.

(Reuters, February 21, 2002)

 

Fourteen Sam Rainsy Party parliamentarians ask Hun Sen and two other top government officials to appear at the National Assembly to explain why negotiations with the UN over the tribunal had apparently failed.

(The Cambodia Daily, February 22, 2002)

 

 

 

April 26, 2002

 

UN Commission on Human Rights E/CN.4/2002/89

Paragraph 18: Appeals to the Government of Cambodia to ensure that the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia are brought to trial in accordance with international standards of justice, fairness and due process of law, in this connection recognizes the need for the Government of Cambodia and the United Nations to cooperate, appeals to the parties to resume discussions on the establishment of a tribunal for such a purpose and also appeals to the international community to provide assistance in this regard;

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

March 13, 2002

Kofi Annan says Cambodia must change its position if it wants the UN to help set up a war crimes tribunal for Khmer Rouge leaders. “About a dozen ambassadors came to see me on this issue, and they felt that we should reconsider. I advised them that I thought it would be more effective if they undertook a démarche in Phnom Penh and persuaded Prime Minister Hun Sen to change his position and attitude, and to send them a clear message that he is interested in a credible tribunal which meets international standards—that they needed to start there.”

(United Nations SG/SM/8160, 13 March 2002—Transcript of Press Conference by Secretary-General Kofi Annan at Headquarters)

 

 

 

March 15, 2002

The Royal Government of Cambodia Task Force on the Khmer Rouge Trial states that the UN Secretary-General’s March 13, 2002 statement reflects misunderstandings of the Cambodian government position. “The Khmer Rouge Law, which was itself the product of those negotiations, provides checks and balances between the numbers and decision-making powers of the Cambodian and foreign judges, investigating judges and prosecutors; and provides specific guarantees of legal rights for defendants. Cambodia has expressed its willingness to spell out these rights in even more detail in the Articles of Cooperation. The UN has not identified any violations of internationally accepted standards in the Cambodian Khmer Rouge Law, and has not responded to the letter from the Royal Government of Cambodia dated 22 January 2002 in which a detailed response was given to the 11 points raised by His Excellency Hans Corell.”

(Statement from the Royal Government of Cambodia Task Force on the Khmer Rouge Trial, Phnom Penh, March 15, 2002)

 

 

 

March 20, 2002

Hun Sen says the UN has three months to re-enter talks with Cambodia to set up a trial of surviving Khmer Rouge leaders. He stated that if further talks do not materialize by the deadline, Cambodia will consider other options to bring justice for the 1.7 million people who died under the brutal ultra-Maoist regime—a foreign-assisted trial or a Cambodia-only tribunal. “I wish to declare again that the door is still open for three more months. Our patience is limited. We do not want anyone to walk out. We want them to participate.”

(Cambodia Today, March 20, 2002)

 

 

 

April 9, 2002

New Delhi pledges support for continuation of the mixed Khmer Rouge trial if the UN permanently withdraws. On a visit to Cambodia, Indian Prime Minister Atal Bihari Vajpayee pledged India would send a judge for the trials if the UN maintained its decision to pull out.

(The Cambodia Daily, April 10, 2002)

 

 

 

July 2, 2002

Hun Sen indicates his willingness to compromise in order to restart the stalled negotiations. He offered to amend the government’s tribunal law.

(The Cambodia Daily, July 4, 2002)

 

 

 

July 3, 2002

UN Human Rights Envoy Peter Leuprecht expresses hope that the stalled tribunal will go forward and says that a number of “friendly” countries continue to try to get the UN and the government together to further discuss a joint trial.

(The Cambodia Daily, May 4, 2002)

 

The UN rejects Cambodia’s call to revive stalled plans for the tribunal, saying it needs more assurances that Cambodia would conduct a fair trial of the leaders of the “killing fields.”

(Reuters, July 4, 2002)

 

 

 

July 12, 2002

 

A letter from Kofi Annan to Hun Sen states that the 8 February decision to end negotiations was “based on the fact that the good offices I had offered did not come to fruition” and that “... in order for me to engage in any further negotiations, I need a clear mandate from the General Assembly or the Security Council. If such a mandate were given, I would be prepared to engage in further talks with the Government of Cambodia in order to fulfill the mandate.”

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

August 18, 2002

A letter from Hun Sen to Kofi Annan states: “we look forward to the swift conclusion of such preliminaries as you deem necessary for the United Nations to return to the table so that we may conclude our negotiations with an agreement that satisfies both parties, and then move on to the actual establishment of the Extraordinary Chambers.”

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

August 20, 2002

Annan tells Cambodia he will resume talks on genocide trials if UN Member States want him to do so. He wrote to Hun Sen, saying that in order for him to engage in further negotiations, he needed “a clear mandate from either the General Assembly or the Security Council.”

(Reuters, August 21, 2002)

 

 

 

August 27, 2002

“A meeting in New York, called by Japan, held at the Japanese Mission, attended by interested states, as follows: France, United Kingdom, Canada, Australia, United States, EU, South Korea, Japan, ASEAN (Philippines, Singapore, Thailand, Indonesia and Cambodia). It was a preliminary meeting to exchange views as to what the international community can do to revive the negotiations.”

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

November 21, 2002

The UN General Assembly passes a resolution requesting the Secretary-General to resume negotiations, without delay, to conclude an agreement with the government of Cambodia based on previous negotiations, and to establish Extraordinary Chambers consistent with the provisions of the present resolution, so that the Extraordinary Cambers may begin to function promptly. The resolution was passed with 39 countries abstaining.

 

 

 

November 30, 2002

Khieu Samphan says that he and other senior Khmer Rouge leaders are prepared to give evidence on the internal workings of the highly secretive ultra-Maoist regime, headed by Brother Number One Pol Pot, if a South Africa-style truth commission is set up.

(AFP, December 1, 2003)

 

 

 

December 2, 2002

Hun Sen says his government is awaiting the passage of the resolution in “upcoming weeks. What we are concerned about is the survival of the Cambodian people and that they are free from the hands of Pol Pot.”

(AFP, December 2, 2002)

 

 

 

December 19, 2002 

The UN passes a mandate requiring UN Secretary-General Kofi Annan to return to the negotiating table with the government of Cambodia. The resolution, which ordered Annan to restart talks “without delay,” passed by a vote of 150-0, with 30 nations abstaining.

(The Cambodia Daily, December 20, 2002)

 

 

 

December 23, 2002

Benson Samay, Ta Mok’s lawyer, calls for the temporary release of his client on health and humanitarian grounds.

 

 

 

December 25, 2002

Prince Ranariddh says, “The government must make concessions to the UN if the restarted Khmer Rouge trial talks are to proceed. Both the UN and Cambodia already know each other’s stance. If we return just to talk from the same angle, the stance that brought us to a standstill before...we might as well not have negotiations.”

 

 

 

January 6, 2003

Responding to the Secretary-General’s invitation, a Cambodian delegation led by Sok An arrives in New York and schedules seven meetings – one with the Secretary-General and six with representatives of the UN Secretariat, led by Hans Corell – to prepare for a resumption of negotiations for Khmer Rouge trials in accordance with General Assembly Resolution 57/228 of 18 December 2002.

 

 

 

March 17, 2003

The UN and Cambodia hammer out an agreement to set up a special genocide court for former Khmer Rouge leaders. The UN legal team and Cambodia’s chief negotiator adopted and supported the Articles of the Agreement. The draft agreement was to be approved by the UN General Assembly and the Cambodian National Assembly before work could proceed on actually setting up the court.

 

 

 

March 18, 2003

The British Embassy in Phnom Penh issues a press release welcoming the signing of the draft agreement and expressing the UK’s continued commitment to support a UN-sponsored tribunal. Commenting on the agreement, Foreign Office Minister Mike O’Brien was optimistic that the tribunal would at last bring closure to a tragic period of Cambodia’s recent history, and bring to account those most responsible for the atrocities committed under the Khmer Rouge regime, stating that it would provide an opportunity for the Cambodian people to come to terms with their past and to move towards reconciliation.

(British Embassy, Phnom Penh, Press Release, March 18, 2003)

 

 

 

March 21, 2003

Amnesty International (AI) says it is deeply concerned about provisions in the draft agreement “that reflect a significant retreat from current international law and standards.” It stated that the agreement’s deficiencies were so serious that it “would oppose the United Nations signing the agreement without major revision.” However, the draft provisions AI welcomed included the exclusion of amnesty or pardon for anyone investigated or convicted of crimes covered by the agreement, a clause which potentially applies to anyone previously granted an amnesty by the Cambodian authorities (draft Article 11); provisions that all proceedings be held in public (draft Article 12.2); and the exclusion of the death penalty (Article 10), which is consistent with other international courts.

 

 

 

March 28, 2003

Cambodia’s Cabinet approves a draft agreement with the UN on setting up a trial of former Khmer Rouge leaders.

(The Hindu International, March 29, 2003)

 

 

 

March 31, 2003

 

The UN Secretary-General issues a Report to the General Assembly (A/57/769), making some criticisms of the Draft Agreement. He estimated that the Extraordinary Chambers would cost over $19 million and proposed United Nations’ funding via assessed (not voluntary) contributions.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

May 1, 2003

The Third Committee of the UN General Assembly adopts the resolution approving the Agreement between the Royal Government of Cambodia and the UN concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea.

 

 

 

May 2, 2003

The Third Committee adopts a resolution approving the Draft Agreement and stating that the United Nations should fund the Extraordinary Chambers by voluntary contributions.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

May 13, 2003

 

The 85th Plenary Session of the 57th General Assembly adopts Resolution 57/228B approving the Draft Agreement and voluntary contributions.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

June 6, 2003

The UN and Cambodian government sign the Agreement at Chaktomuk Theater, Phnom Penh.

(Raksmei Kampuchea Daily, June 6, 2003)

 

 

 

June 16, 2003

The Royal Government of Cambodia submits to the National Assembly the Agreement between the United Nations and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea.

(The Cambodia Daily, June 19, 2003)

 

 

 

June 19, 2003

 

Australia pledges AU $1.5 million for the Extraordinary Chambers in addition to the AU $266,000 already provided in various forms of technical assistance related to the Khmer Rouge trials.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

July 1, 2003

Khieu Ponnary, the first wife of former Khmer Rouge leader Pol Pot, dies at the age of 83 in Pailin.

(Raksmei Kampuchea Daily, July 5, 2003)

 

 

 

August 13, 2003

Thousands of documents alleging Khmer Rouge-perpetrated atrocities are dispatched to the United States, Britain and France, after a series of security threats. DC-Cam Director Youk Chhang says 70 percent of the evidence is now safely secured in those countries.

(AFP, August 13, 2003)

 

 

 

November 11, 2003

After studying the three-year plan for the tribunal, the UN agrees that expenditures should be $40 million. The UN suggests it will pay $20 million and the Cambodian side the other $20 million, said Om Yentieng, adviser to Hun Sen and tribunal task force member.

(The Cambodia Daily, November 12, 2003)

 

 

 

November 19, 2003

The US Congress passes a resolution (H. CON. RES. 83) honoring victims of the Khmer Rouge. The resolution states the US is committed to pursuing justice for the victims. US Congressman Dana Rohrabacher says the resolution marks US recognition of its role in the Indochina conflict from which the Khmer Rouge regime emerged.

(The Cambodia Daily, November 26, 2003)

 

 

 

December 7, 2003

Karsten Herrel, head of a five-member trial organizing team, says both the UN and Cambodian government were starting from the assumption that the Extraordinary Chambers will be operational in 2004.

(Reuters, December 7, 2003)

 

 

 

December 10, 2003

Kofi Annan says the process of setting up the tribunal will only begin once pledges for the first three years of the court’s operation have been received and enough money for its first year of operation has been deposited in a trust fund.

(Associated Press, December 18, 2003)

 

 

 

December 17, 2003

Khieu Samphan, the Khmer Rouge’s head of state, visited his office earlier this year to seek legal assistance ahead of a planned tribunal, says the director of the Cambodian Defenders Project.

(Associated Press, December 18, 2003)

 

 

 

December 19, 2003

Australia issues a statement saying that it has earmarked US $2.1 million for the joint Cambodian-international courts.

 

 

 

December 22, 2003

Following Khieu Samphan’s solicitation of legal aid, his next-door neighbor and fellow revolutionary Nuon Chea says he would represent himself if tried for crimes against humanity and genocide.

(The Cambodia Daily, December 22, 2003)

 

 

 

December 29, 2003

In an open letter, Khieu Samphan denies having any part in the deaths of more than 1 million Cambodians during the DK regime, but admits the regime performed “systematic killings.”

(The Cambodia Daily, December 31, 2003)

 

 

 

March 10, 2004

A UN legal team arrives in Cambodia to hammer out plans for the tribunal before submitting a full budget proposal to the Secretary-General.

(The Cambodia Daily, March 11, 2004)

 

 

 

March 12, 2004

King Sihanouk lashes out at the publishing of testimonies by former Khmer Rouge leaders in which they claim they are innocent of the atrocities committed during the period 1975 to 1979. Branding their crimes “Satanic,” the King claimed that by making public declarations of innocence, they do not need to ask to be pardoned for their crimes.

(The Cambodia Daily, March 13-14, 2004)

 

 

 

March 18, 2004

Karsten Herrel, the head of a UN delegation, says during a second mission to Phnom Penh to prepare for a trial of Khmer Rouge leaders, that tribunal expenses will be “on the higher side” of $50 million. Herrel declined to give precise budget figures, saying some “cost elements are not totally known.”

(The Cambodia Daily, March 19, 2004)

 

 

 

March 25, 2004

108th US Congress (2d Session--H.CON.RES.399)

 

Resolved by the House of Representatives (the Senate concurring), That the Congress — (1) urges the President to encourage the National Assembly of Cambodia to ratify the agreement between the United Nations and the Royal Government of Cambodia to establish a tribunal, the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea, for the prosecution of surviving leaders of the Khmer Rouge regime of Democratic Kampuchea who committed genocide and other crimes against humanity between April 17, 1975, and January 7, 1979; and (2) urges the President, after such agreement is ratified, to provide support for the establishment and financing of the Extraordinary Chambers, consistent with the Cambodian Genocide Justice Act (22 U.S.C.2656 note).

(http://thomas.loc.gov/home/gpoxmlc108/hc399_ih.xml)

 

 

 

April 3, 2004

Long Beach, California lawmakers press President Bush to help fund a tribunal to prosecute surviving Khmer Rouge leaders. Congresswoman Juanita Millender- McDonald and Congressman Dana Rohrabacher, who together represent one of the country’s largest Cambodian communities, said justice for Khmer Rouge survivors is long overdue.

(Long Beach Press Telegram, April 3, 2004)

 

 

 

April 7, 2004 

Seventeen civic leaders and a member of parliament sign a petition asking an Appeals Court prosecutor to issue arrest warrants for three surviving top Khmer Rouge leaders.

(Kyodo News, April 7, 2004)

 

 

 

April 8, 2004

US Secretary of State Colin Powell says international judges may give the only semblance of credibility to a tribunal for the Khmer Rouge leaders. Powell was testifying at a Congressional hearing in which a senator asked why the US supported a “flawed” Khmer Rouge tribunal based on “Cambodia’s broken judicial system.” “I have the same concerns as you have about the preponderance of justices being Cambodians who might not mete out justice in the way we would like to see it meted out,” said Powell, “But we will have international judges on the court as well so at least these aging defendants will be brought before a tribunal.”

(AFP, April 8, 2004)

 

 

 

April 9, 2004

The general prosecutor of the Appeals Court asks prosecutors in Battambang, Banteay Meanchey and Siem Reap to bring charges against Khieu Samphan and Nuon Chea, and asks the magistrate to issue arrest warrants in accordance with the rule of proceedings. “As for Ieng Sary, it is necessary first to examine the royal amnesty decree.”

(The Cambodia Daily, May 31, 2004)

 

 

 

April 17, 2004

King Sihanouk marks the 29th anniversary of Phnom Penh’s fall to the Khmer Rouge by calling for the cremation of the victims of the killing fields and dismissing the proposed UN-backed tribunal. “We are Buddhists whose belief and customs since ancient times have always been to cremate the corpses and then bring the remains to be placed in the stupa at the pagoda,” he wrote in Khmer. He also criticized the tribunal, saying it would only insult the dead victims. “The international [community] and the United Nations provide huge funds for this tribunal process. I foresee that it will just be comical, an insult to the suffering souls of the victims,” wrote the king.

(The Cambodia Daily, April 19, 2004)

 

 

 

April 20, 2004

In a message on his website, King Sihanouk says the Khmer Rouge tribunal cannot be taken seriously unless it is held at The Hague, owing to Cambodia’s dysfunctional legal system. “The entire world, including the newspapers that I read regularly, qualifies our body of magistrates and judges as ‘notoriously corrupt and incompetent’.”

(The Cambodia Daily, April 22, 2004)

 

 

 

April 27, 2004

Khieu Samphan issues an open letter addressing the public’s opinion of him and claiming that his image has risen in the estimation of many Cambodians. “More of our compatriots than before, including the monks, have expressed their sympathies to me, and I do not need to say everything that other people have told me every day along the road, smiling at me and telling me they have read my book,” the letter says.

(The Cambodia Daily, April 28, 2004)

 

 

 

April 28, 2004

King Sihanouk says in a message on his website that he wants to testify at the Khmer Rouge tribunal. “I testify before the court not only one time but every time the court holds a hearing for questioning this person, and that person, every day, every week, every month, every year, as long as I am alive.”

(The Cambodia Daily, April 28, 2004)

 

 

 

May 14, 2004

Cambodia’s longtime Minister of Economy and Finance Keat Chhon says he is willing to appear as a witness at a planned UN-funded tribunal. He stated that he would also testify to defend his name if the tribunal chooses to indict him due to his past affiliation with the Khmer Rouge. The French-educated minister, whose service to the Khmer Rouge included a stint as interpreter for Pol Pot, left the movement in the mid-1980s.

(Dow Jones Newswires, May 16, 2004)

 

 

 

May 24, 2004

Deputy Prime Minister Sar Kheng approves the establishment of a special committee to ensure security for participants in the tribunal. The committee will be headed by Interior Ministry Secretary of State Em Sam An. Deputies would include Deputy Director General of National Police Mao Chandara, RCAF Deputy Commander-in-Chief Pol Saroeun, Deputy Director General of National Police Neth Savoeun, and RCAF Deputy Joint Chief of Staff Nov Sam. The committee would also include a representative from the Ministry of Finance and governors of provinces and municipalities where witnesses and suspects reside, according to Mao Chandara.

 

 

 

May 30, 2004

Prosecutors from Banteay Meanchey, Battambang and Siem Reap provinces ignore an April Appeals Court order to arrest former Khmer Rouge leaders Khieu Samphan and Nuon Chea. Yam Yeth, Battambang prosecutor, said he had received the April 9 order, but has not carried it out. “Only the special judge for the international Khmer Rouge tribunal can issue the warrant to arrest.” So Vat, Siem Reap prosecutor, also confirmed that he had received the warrant order from the general prosecutor, but said he lacked both documented evidence against the former leaders and the funds to properly investigate them. Om Yentieng, an advisor to Hun Sen and vice chairman of the Task Force in charge of organizing the tribunal, said he was “surprised” by the Appeals Court’s decision to issue a warrant, while opposition party lawmaker Son Chhay complained that government officials have pressured provincial authorities not to arrest the former leaders. “Those prosecutors should be punished because they didn’t respect the order made by the general prosecutor.”

(The Cambodia Daily, May 31, 2004)

 

 

 

June 5, 2004

Hun Sen says Cambodia’s courts have no jurisdiction to order the arrests of former Khmer Rouge leaders, saying only the UN-sponsored tribunal will have the power to bring them to justice. “No arrests will be made until the tribunal is set up. Ratification of the tribunal will be the first order of business for a newly formed National Assembly.” He stated that he was not worried that Khieu Samphan or Nuon Chea would try to flee the country to avoid a tribunal. “They don’t know where to go. They will face the tribunal.”

(The Cambodia Daily, June 7, 2004)

 

The estimated cost of the proposed Khmer Rouge trial is now over $60 million, $10 million more than the initial forecast. Trial Task Force Secretariat Member Dr. Helen Jarvis confirmed the estimated cost was now over $60 million and subject to discussion and review by potential donors, the government and UN.

(Phnom Penh Post, June 4-17, 2004)

 

 

 

July 20, 2004

 

Australia pledges another AU $5 million for the Extraordinary Chambers in addition to the AU $1.5 million previously announced. The total of AU $3 million (US $2.2 million) was additional to the AU $266,000 already provided in various forms of technical assistance related to the Khmer Rouge trials.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

August 5, 2004

Sean Visoth, executive secretary of the government’s Khmer Rouge Task Force, says the UN team led by Karsten Herrel will arrive Cambodia on August 23 to wrap up the tribunal budget. He added that the three-year trial is expected to cost $57 million, and the final cost is to be further worked out with donor countries or a group of interested states.

(Kyodo News, August 5, 2004)

 

 

 

August 6, 2004

 

The Council of Ministers approves two draft laws:

a) Amendments to the 2001 Law on the Establishment of the Extraordinary Chambers;

b) Ratification of the Agreement between the RGC and the UN signed on 6 June 2003.

The amendments approved are for the purpose of harmonising the EC Law with the Agreement, and that they reflect those proposed by Hans Corell on 28 May 2003. In addition, the extension of the statute of limitations under Article 3 is proposed to be changed from 20 to 30 years.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

August 23, 2004

Thirty judges and prosecutors chosen by the Supreme Council of Magistracy begin a two-week course on international humanitarian law at the Royal School of Judges and Prosecutors. According to a statement from the UN Development Programme, which assisted the training, the judges and prosecutors would be introduced to issues including war crimes, genocide, and crimes against humanity, fair trial and due process.

(The Cambodia Daily, August 25, 2004)

 

 

 

August 25, 2004

The National Assembly’s Legislation Commission returns to the government’s Tribunal Task Force a draft bill that would establish the tribunal with some criticism of the draft’s content. “The bill has a lot of mistakes, and there needs to be a lot of changes. The commission already sent it back to the government to make changes,” said Commission Chairman Ek Sam Ol. But Task Force Executive Secretary Sean Visoth said that the errors were spelling mistakes that could be easily fixed: “The commission only asked for correction on some spelling mistakes.”

(The Cambodia Daily, August 27, 2004)

 

 

 

September 13, 2004

After announcing the return of a UN delegation to prepare the budget and logistics for the tribunal, government officials abruptly cancel the UN team’s visit. The visit was to be postponed until the National Assembly ratified legislation to establish the tribunal. Prime Minister Hun Sen’s adviser Om Yentieng said the team would be invited back once the bill was passed. “I think the suspension will not be a waste of time,” he added.

(The Cambodia Daily, September 13, 2004)

 

 

 

September 16, 2004

Hun Sen says Cambodia will not pay its share for the long-delayed trial of former Khmer Rouge leaders. “Soon there will be talks about the money. I would like to say that Cambodia can offer only the meeting hall and to pay for the water and electricity and security guards…”There is no way they can ask Cambodia to pay for the trial... If you want a trial, you have to pay. We have to be clear on this,” adding that, “Cambodia can run the trial, but they say they don’t believe that Cambodia can deliver justice.”

(AFP, September 16, 2004)

 

 

 

October 2, 2004

“Kofi Annan asked Cambodia’s government to send a letter to the United Nations, after ratifying the UN agreement, so that he can call on or hold a meeting with donors to seek a budget to support the trial,” says Foreign Minister Hor Nam Hong. The UN Secretary-General told reporters that only then can the UN seek donors for the estimated $50 million needed to try the Khmer Rouge leaders.

(Reuters, October 2, 2004)

 

 

 

October 4, 2004

All 107 members of the 123-seat National Assembly vote to ratify the Agreement between the UN and Royal Government of Cambodia concerning the prosecution under Cambodian law of crimes committed during Democratic Kampuchea. “What we have been waiting for so long has happened today,” Prime Minister Hun Sen says after the vote.

(Documentation Center of Cambodia, Searching for the Truth, English Edition, Issue 58, October 2004)

 

In a press conference held in front of the National Assembly after a meeting to ratify the agreement between the UN and Cambodian government, Hun Sen announces he will give all government officials and Cambodians a day off on the first day of the Khmer Rouge tribunal. The announcement was made in response to a July request by Youk Chhang to establish a “Day of Remembrance and Justice.”

(Searching for the Truth, English Edition,  Issue 58, October 2004)

 

A letter from Prime Minister Hun Sen is sent to Mr. Kofi Annan, United Nations Secretary-General, on the adoption by the National Assembly of Cambodia of the draft law approving the Agreement between the United Nations and the Royal Government of Cambodia concerning the prosecution under the Cambodian law of crimes committed during the period of Democratic Kampuchea.
(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

October 5, 2004

96 of 98 National Assembly members vote in favor of the adoption of Amendments to 29 Articles of the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. The 29 Articles are 2, 3, 9, 10, 11, 14, 17, 18, 20, 21, 22, 23, 24, 27, 29, 31, 33, 34, 35, 36, 37, 39, 40, 42, 43, 44, 45, 46, and 47. The overall amendments pertain to technical aspects of the special court, such as structure, jurisdiction and procedures.

(Searching for the Truth, English Edition,  Issue 58, October 2004)

 

 

 

October 18, 2004

Two weeks after presiding over the National Assembly’s ratification of the agreement and amendments to articles of the statute to prosecute ex-Khmer Rouge leaders, Assembly President Prince Ranariddh dismisses the tribunal’s value, saying its projected budget would be better spent on improving the nation’s agricultural sector. “If I had $55 million, I would use the money to develop the country. It is more beneficial than prosecuting the aging leaders of the Pol Pot regime,” he told reporters outside the Assembly. “There are two kinds of justice: the justice for the victims, and another justice for the poor people. Fifty million dollars is too much. How many canals could we dig with that money?” he added.

(The Cambodia Daily, October 19, 2004)

 

 

 

October 19, 2004

The UN-RGC agreement approved by the National Assembly on October 4 is promulgated by acting Head of State Chea Sim.

(Royal Decree, 1004/004)

 

 

 

October 22, 2004

 

The Constitutional Council approved the amended law as being in conformity with the Constitution.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

October 27, 2004

The amended Khmer Rouge law approved by the National Assembly on October 5 is promulgated by acting Head of State Chea Sim.

(Royal Decree, 1004/006)

 

 

 

November 8, 2004

The Cambodian government releases a statement announcing its completion of the legal legwork for the tribunal.

(The Cambodia Daily, November 8, 2004)

 

 

 

November 16, 2004

 

Deputy Prime Minister Sok An sends a letter to Under-Secretary-General and Legal Counsel of the United Nations, Mr. Nicolas Michel, advising him that, in accordance with Article 32 of the Agreement, the legal requirements in Cambodia for entry into force had been complied with.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

December 2, 2004

Hun Sen expresses concern that the UN’s unwillingness to pay for the tribunal would delay the process long enough that former Khmer Rouge leaders would die before going on trial. “Right now we have the law to prosecute the Khmer Rouge, but the United Nations claims that they do not have the budget,” said the Prime Minister at the December 2 anniversary of the Kampuchea National United Front for National Salvation. “People and I are concerned that former Khmer Rouge leaders will die before the prosecution. This is our concern; the budget is the UN’s burden,” he added.

(The Cambodia Daily, December 3, 2004)

 

 

 

December 10, 2004

The final working budget for a three-year tribunal is set at just $56.272 million, say UN and government representatives, before stating that the trial’s site will likely be moved to the newly constructed Royal Cambodian Armed Forces (RCAF) headquarters on the outskirts of the capital. The UN team would return to New York to present the new budget numbers to Secretary-General Kofi Annan before the world body begins fundraising, UN task force coordinator Mohammed Said told reporters at the Council of Ministers. Sean Visoth, secretary of the government’s Tribunal Task Force, said Cambodia would shoulder about $13 million of the budget, a significantly larger portion than the $7 million the government had been bargaining for. The budget was whittled down from $57 million to over $56 million, which Said called “peanuts” in comparison to the cost of other international tribunals. Some of those savings may result from a government-proposed change of venue for the trial, which was originally slotted to take place at Phnom Penh’s Chaktomuk Theater and the National Cultural Centre. The new RCAF headquarters has sufficient facilities to house all the proceedings, Sean Visoth said.

(The Cambodia Daily, December 11-12, 2004)

 

 

 

December 15, 2004

Prince Ranariddh says a different location from RCAF headquarters is needed to ensure “a true international standard of justice…For me, any place outside the military barracks must be better.”

(The Cambodia Daily, December 16, 2004)

 

 

 

December 16, 2004

Prince Ranariddh says Cambodia and the UN will not be able to begin a planned international criminal tribunal unless Japan pays at least half of the required $56 million. “If Japan does not finance half of the budget, we will not be able to start the trial,” said the prince.

(Japan Today, December 16, 2004)

 

 

 

December 17, 2004

France pledges EUR 3 million (US $4 million) towards the planned tribunal, which is expected to cost US $56 million (EUR 42 million). Xavier Darcos, minister delegate for cooperation and development, said France would contribute EUR 1 million per year for the estimated three years of proceedings.

(AFP, December 17, 2004)

 

 

 

January 8, 2005

Hun Sen blasts the international community for quickly aiding countries that were hit by the December 26 tsunami while all but ignoring Cambodia in the aftermath of the Khmer Rouge regime. “The number of people killed by the tsunami was less than 10 percent of the extent of the damage and loss of lives during Pol Pot’s regime,” he said. “No one wants the Khmer Rouge to be prosecuted more than Hun Sen,” he added.

(Kyodo News, January 8, 2005)

 

 

 

January 23, 2005

Retired King Norodom Sihanouk says that the prosecution of only a handful of former DK leaders would be a “comedy and hypocrisy.” Instead of spending more than $56 million to establish the tribunal and “to support, for 3 years, its judges in luxury,” he suggested it may be more judicious to provide families of Khmer Rouge victims with fertile land and irrigation systems. “The question is to know whether condemnation by the famous Khmer-UN tribunal of five or six Khmer Rouge would be sufficient to appease my spirit,” the king wrote on his website.

(The Cambodia Daily, January 25, 2005)

 

 

 

January 27, 2005

Sihanouk warns of a possible revolt against the government by ex-Khmer Rouge hard-liners if their leaders are prosecuted by a UN-backed tribunal.

(The Cambodia Daily, January 28, 2005

 

 

 

January 28, 2005

Britain announces a US $940,000 contribution to support the tribunal.

(ABC Radio Australia, January 28, 2005)

 

 

 

January 29, 2005

Hun Sen urges donor nations to quickly put forth funds for the tribunal before the chance to try ageing former Khmer Rouge leaders is lost.

(The Cambodia Daily, January 31, 2005)

 

 

 

February 9, 2005

Japan commits $21.5 million for the tribunal and says it will give the money to the UN by the end of March.

(The Cambodia Daily, February 10, 2005)

 

 

 

March 7, 2005

Prince Sisowath Thomico, private secretary to retired King Norodom Sihanouk, declares his intention to sue Foreign Affairs Minister Hor Nam Hong to discover the fate of his deceased parents – if and when a Khmer Rouge tribunal is established. Expressing doubt over the UN and government’s will to hold the long-awaited tribunal, Prince Thomico said he wishes to find justice for his late parents, Prince Sisowath Methavi and Princess Nanette Methavi, the older sister of Queen Norodom Minineath.

(The Cambodia Daily, March 9, 2005)

 

 

 

March 11, 2005

A Cambodian military court investigating judge says Ta Mok and Kaing Guek Eav, alias Duch, were charged in February with war crimes and harming foreign nationals during the regime’s rule from 1975 to 1979.

(ABC Radio Australia, March 11, 2005)

 

 

 

March 15, 2005

Foreign Affairs Minister Hor Nam Hong responds to statements made by Prince Thomico, warning that he would seek massive monetary compensation for any complaints lodged against him at a future tribunal. Asked to comment on Prince Thomico’s public statement on his intention to file a complaint against the foreign minister, Hor Nam Hong told reporters that anyone who brings forth such a case should be prepared to pay.

(The Cambodia Daily, March 17, 2005)

 

 

 

March 21, 2005

“To date, the Cambodian government and the UN have raised enough money to pay for at least the first year of the trials ($39 million of an estimated $56 million) through contributions from Japan, Australia, Great Britain and France,” says Youk Chhang, Director of the Documentation Center of Cambodia. He appealed for more contributions and involvement from the international community in making the long-awaited tribunal a reality. “It is my hope that the international community will begin to engage more widely in addressing Asia’s human rights abuses, becoming as involved here as it has in Europe and Africa, for example,” he said. “Helping Cambodians see justice for the crimes against humanity committed on our soil would ensure donors a place of honor in history.”

(Searching for the Truth, English Edition, First Quarterly 2005)

 

 

 

March 22, 2005

Retired King Sihanouk says he could contribute $10,000 on behalf of Prince Sisowath Thomico if Foreign Affairs Minister Hor Namhong were to sue the prince for defamation, according to the retired king’s pen pal, Ruom Ritt.

(The Cambodia Daily, March 22, 2005)

 

 

 

March 25, 2005

Canada announces it will contribute C $2 million (US $1.64 million) to the UN toward the establishment and operation of the Extraordinary Chambers – C $1 million for the first year, and C $500,000 each for the second and third years.

(Press Release of the Canadian Embassy in Phnom Penh, March 25, 2005)

 

The Cambodian government announces that it can only shoulder $1.5 million of its expected share of $13.3 million and calls for more funding from interested states to bridge its shortfall of $11.8 million. Senior Advisor to Hun Sen, Om Yentieng, said Cambodia’s contribution will in fact cover $6.7 million in cash and in kind, as far as the security and premises excluded from the total budget are concerned.

(The Associated Press, March 27, 2005)

 

 

 

March 28, 2005

Member states of the UN pledge a total of $38.48 million towards the establishment of the Extraordinary Chambers, $4.52 million short of the goal of $43 million. The pledges were:                                             

                                                                                    

 

 

 

Japan

$21,600,000

 

 

 

 

France

$4,800,000

 

 

 

 

United Kingdom

$2,870,000

 

 

 

 

Australia

$2,350,000

 

 

 

 

Netherlands

$2,000,000

 

 

 

 

Canada

$1,610,000

 

 

 

 

Norway

$1,000,000

 

 

 

 

Germany

$1,000,000

 

 

 

 

Denmark

$525,000

 

 

 

 

Austria

$360,000

 

 

 

 

Sweden

$150,000

 

 

 

 

Republic of Korea  

$150,000

 

 

 

 

Luxemburg

 $66,000

 

 

 

 

 

The US representative stated that in the past ten years, the US has “paid $7 million toward documentation and research costs for the crimes committed in Cambodia,” and that “legislative restraints made it impossible to pledge moneys towards the Tribunal.”

(UN Press Release, L/3082)

                                               

Youk Chhang, DC-Cam director, says he is confident that the shortfall will be met, and that the Cambodian government should consider asking the private sector in the Kingdom to bridge the gap.

(AFP, March 29, 2005)

 

 

 

April 11, 2005

The Belgian government pledges $193,500 for a future Khmer Rouge tribunal. Jeroen Cooreman, deputy head of mission for the Belgian Embassy in Bangkok, wrote in an e-mail that Belgium could not make the announcement at a pledging conference at the UN headquarters on March 28 because “the decision had not been officially taken yet at the time of the pledging conference.”

(The Cambodia Daily, April 12, 2005)

 

 

 

April 17, 2005

DC-Cam appeals to governments that had embassies in Cambodia during DK or followed events from embassies in Bangkok, organizations and individuals to provide materials they possess on the regime to the Extraordinary Chambers. He also thanked Dr. Steve Heder of the University of London and former Officer in Charge of the Cambodia Office of the United Nations Center for Human Rights David Hawk for providing their Khmer Rouge-related files in anticipation of the tribunal, and expressed his hope that others would follow their lead.

(Searching for the Truth, English Edition, Issue No. 64, April 2005)

 

 

 

April 21, 2005

The US State Department issues a statement: “For the United States to contribute to this process, we believe, as U.S. law stipulates, that the tribunal must meet internationally recognized standards of justice. As the tribunal moves forward, we will engage with the Government of Cambodia, the United Nations, and interested countries to achieve this goal.”

(Press Release 2005/438, April 21, 2005)

 

 

 

April 22, 2005

The Vietnamese government replies to DC-Cam’s April 17 appeal for relevant Khmer Rouge materials, stating:  “Your letter will be forwarded to the relevant authorities of Viet Nam. I am confident that it will attract their attention.”  

 

 

 

April 25, 2005

In response to DC-Cam’s April 17 appeal for relevant Khmer Rouge materials, Germany sends documents to DC-Cam.

 

 

 

April 29, 2005

The agreement between the UN and Cambodia to set up the Extraordinary Chambers takes effect. On April 28, 2005 the Secretary-General of the United Nations wrote a letter to Hun Sen, informing him that the legal requirements on his side had been met. According to Article 32 of the Agreement, it therefore entered into force on April 29, 2005, the day following his notification, given that H.E Sok An had, on November 16, 2004, informed H.E. Nicolas Michel that the legal requirements on the Cambodian side had been met.

(Press Release of the Office of the Council Ministers, May 3, 2005)

 

According to a UN press statement, sufficient pledges and contributions were now in place to fund the staffing of the two Extraordinary Chambers.

(UN News Center, April 29, 2005)

 

The European Commission pledges $1.3 million to Cambodia’s Khmer Rouge tribunal.

(AFP, April 29, 2005)

 

 

 

April 30, 2005

Cambodia welcomes a UN announcement that enough money is on hand to set up the tribunal.

(ABC News Online, April 30, 2005)

 

 

 

May 6, 2005

France announces it will allocate an additional $1.3 million in 2005 for the tribunal as an advance on its trial contribution for 2006. “In doing so, France wishes to encourage its partners to increase their efforts so that the necessary credits are in hand for the start of the three-year proceedings,” said the statement of the French Ministry of Foreign Affairs.

(The Cambodia Daily, May 7-8, 2005)

 

 

 

May 9, 2005

In response to DC-Cam’s April 17 appeal for relevant Khmer Rouge materials, Great Britain sends documents to DC-Cam.

 

 

 

May 19, 2005

The United States says it will not be involved in the Khmer Rouge tribunal unless it proves to be fair and free from political manipulation and influence. “The U.S. wants to be in the position where we will be able to support this politically and financially,” Pierre Richard Prosper, U.S. ambassador-at-large for war crimes issues, told reporters during a two-day visit to Phnom Penh. “What we want to avoid is some of the problems that exist in the ordinary judiciary being transferred to the Khmer Rouge tribunal,” he said. “It must be free from corruption. It must be free from political manipulation or influences and must be transparent,” Prosper added.

(Reuters, May 19, 2005)

 

 

 

May 20, 2005

Some 1,000 Cambodians gather at one of the Khmer Rouge’s infamous “killing fields” to remember the victims of the 1975-79 regime amid calls for its former leaders to face trial soon. Relatives of victims, students, government officials and monks attend the ceremony, held annually to mark the date Pol Pot’s ultra-Maoists collectivized agriculture, at the Choeung Ek fields southwest of the capital.

(AFP, May 20, 2005)

 

 

 

May 30, 2005

Cambodian Deputy Prime Minister Sok An calls on foreign diplomats in Phnom Penh to help the country pay its share ($13.3 million) of the costs of a tribunal to try former Khmer Rouge leaders. Sean Visoth, Secretary of the government’s tribunal task force, said that India, Singapore and Thailand showed their interest in providing technical support. He added that the European Union is still deciding whether to give the $1.3 million it has pledged to the United Nations or the Cambodian government.

(Voice of America, Phnom Penh, May 31, 2005)

 

 

 

June 2, 2005

 

Diplomatic corps and representatives from 13 embassies in Phnom Penh join a visit to the proposed Extraordinary Chambers site at Kambol.

(www.cambodia.gov.kh/krt/english/chrono.htm)

 

 

 

June 5, 2005

Several prominent Cambodian businessmen say they would donate money to help cover the government’s $11.8-million shortfall for the Khmer Rouge tribunal if the government makes an official request. “I will donate money [to the tribunal] in order to help the government,” Said Sok Kong, director of Sokimex Company. He adds that he didn’t believe he would be the only business leader prepared to pitch in. Kith Meng, chairman of Royal Group of Companies, echoed the statement, “If [Hun Sen] comes up with a policy or a formal request, we would have no objection.”

(The Cambodia Daily, June 6, 2005)

 

 

 

June 6, 2005

Sam Rainsy Party spokesman Ung Bun-Ang calls on the government of Cambodia to organize a national fund-raiser to make up the shortfall—which the government said is the final hurdle to seeing the long-awaited tribunal take place. “It seems that everybody has been contributing to fund the Khmer Rouge trial except the Cambodian people here and abroad,” Sam Rainsy Party spokesman Ung Bun Ang said in a statement.

(The Cambodia Daily, June 7, 2005)

 

 

 

June 7, 2005

Nuon Chea admits that his health is weakening and high blood pressure is causing him problems. But he said he was trying to stay healthy in case he was called to appear at the long-stalled Khmer Rouge tribunal. “I am taking care of myself and my health, because I am preparing myself to go to court,” he stated. “But I do not know how long I can stand in it.”

(The Cambodia Daily, June 8, 2005)

 

 

 

June 8, 2005

Prime Minister Hun Sen rejects proposals for a national fund-raiser to help cover the government’s $11.8-million shortfall for the Khmer Rouge tribunal budget, a move that some observers believe casts doubt on the government’s commitment to the long-awaited trial. Commenting on a proposal to raise money for the Khmer Rouge tribunal from local Cambodian contributions, Hun Sen said: “I think such a proposal is not acceptable. Cambodian people earn money just to live.” Om Yentieng, a member of the government’s Khmer Rouge task force, said afterwards that there would be no appeal to the country’s wealthy business leaders—or anyone else—for help.

(The Cambodia Daily, June 9, 2005)

 

 

 

June 10, 2005

Japan is unable to provide direct financing to cover Cambodia’s $11.8m Khmer Rouge tribunal funding shortfall, but is studying the possibility of making funds available through Japan’s bilateral assistance to Cambodia, Japan’s foreign ministry says. “The government of Japan, through Foreign Minister [Nobutaka] Machimura, would like to see the Khmer Rouge tribunal be commenced as soon as possible,” Hatsuhisa Takashima told reporters at a press conference, “In order to do so the government of Japan is willing to discuss in detail...the arrangement with which Japan would have some mode of financing it through the bi-lateral arrangement between Cambodia and Japan.”

(The Cambodia Daily, June 11-12, 2005)

 

 

 

June 21, 2005

Foreign Minister Hor Namhong states that another barrier to the establishment of a Khmer Rouge tribunal was removed with the announcement that Cambodia will use a special fund set up by the Japanese government to pay its remaining share of the Khmer Rouge trial budget. “They [the Japanese government] have already offered. We will use this money, so we hope that the Khmer Rouge tribunal can proceed soon,” said the minister.

(The Cambodia Daily, June 22, 2005)

 

 

 

June 22, 2005

Hor Namhong’s announcement that Cambodia will use a special fund set up by Japanese government to pay its remaining share of the Khmer Rouge trial budget comes as a surprise to the Japanese embassy in Phnom Penh. The embassy’s political affairs officer, Fumio Goto, said Japan’s bilateral aid program would not cover all of Cambodia’s costs, and he asked other countries to contribute as well. “Because this is not only Japan who assists the Khmer Rouge tribunal,” he said. “So we understand that now the Cambodian government is prepared, just appeal to all donor countries to assist the Cambodian portion.”

(Voice of America, June 22, 2005)

 

 

 

June 27, 2005

Germany pushes the Khmer Rouge tribunal closer to commencement with the announcement of an additional $1.9 million contribution toward trial’s $56.3 million budget.

(The Cambodia Daily, June 28, 2005)

 

 

 

June 30, 2005

The UN approves the newly constructed Royal Cambodian Air Force headquarters on the capital’s outskirts as the location for the planned Khmer Rouge tribunal. The decision was made during a closed-door meeting in New York on June 30 between the UN and representatives from countries that are involved in the tribunal, a diplomat said on condition of anonymity.

(The Cambodia Daily, July 20, 2005)

 

 

 

June 30, 2005

The UN calls on member countries to submit the names of international judges and prosecutors they would like to see nominated for the Khmer Rouge tribunal. The UN Secretariat sent a letter to member countries on June 30, with nominations for the positions – a total of nine from the international community – to be submitted by August 29. “On behalf of the Secretary-General [Kofi Annan], I have the honor to invite your government to suggest the names of individuals whom the Secretary-General might nominate for appointment,” wrote Nicolas Michel, the UN’s undersecretary-general for legal affairs. The international court officials will make $129,400 per year calculated upon how long they actually work, the letter said. The officials will start at different times and serve for varying lengths of time depending on the phase – investigation, trials and appeals - of the tribunal they are involved in.

(The Cambodia Daily, August 3, 2005)

 

 

 

June 2005

Youk Chhang, director of the Documentation Center of Cambodia, calls on the governments of ASEAN to participate more in the process of the Khmer Rouge tribunal by providing such much-needed assistance as technical assistance, documentation (providing Khmer Rouge-related documents to the tribunal), counseling (helping people suffering from post-traumatic stress disorder or PTSD), computers, transportation (large vans or small buses for bringing people from the countryside to attend the trials in the capital), and radios.

(Searching for the Truth, English Edition, Second Quarter 2005)

 

 

 

July 14, 2005

The government is still waiting for international donors to cover Cambodia’s $11.8-million Khmer Rouge tribunal budget shortfall and for the UN to appoint a deputy coordinator before moving forward, a government official says at a conference on the tribunal. “Once we get news from the UN [on who will be the deputy coordinator], then Cambodia will look for its own coordinator,” said Sean Visoth, secretary for the government’s Khmer Rouge tribunal task force. “We are waiting for the UN.” The UN posted an advertisement for the deputy coordinator position in April. Applications were due by May 8. According to officials, the UN received more than 100 applications. Japanese Ambassador Fumiaki Takahashi said at the conference, held at the University of Cambodia, that it was in the “final stages” of deciding who would get the job.

(The Cambodia Daily, July 15, 2005)

 

 

 

July 25, 2005

Ian Pearson, Britain’s Foreign Office Minister for Trade, said following a meeting with Prime Minister Hun Sen to discuss the trial that “Britain will contribute about $2.6 million to the long-awaited Khmer Rouge tribunal. We’ve said we’ll commit [$2.6 million] over the next three years...to the international side of the tribunal,” he said.

(The Cambodia Daily, July 26, 2005)

 

 

 

August 1, 2005

Haruhisa Handa, the Japanese philanthropist, religious leader, self-styled business guru and author also known as Toshu Fukami, announces a $1.3 million compensation and memorial fund for victims of the Khmer Rouge. Haruhisa Handa, who is also the founder of the Japanese Blind Golf Association, is providing $300,000 for the fund, while his welfare organization, World Mate, will be footing the rest of the bill, he said. Survivors of the regime will be invited to apply for money from the fund, which aims to initially give $100 per family to 10,000 families. “If I get more donations, I can give more money for people,” Haruhisa Handa said.

(The Cambodia Daily, August 2, 2005)

 

 

 

August 4, 2005

“With less than one month until the closing of the nomination process for the election of judges and prosecutors to the new Extraordinary Chambers, Amnesty International is calling on all states to nominate their most highly qualified candidates to the Extraordinary Chambers. Given serious weaknesses in the national judicial system, Amnesty International was dismayed by a decision to appoint a majority of Cambodian judges to serve on the Extraordinary Chambers. Eleven of the 19 judges and one of the two co-prosecutors will be Cambodian. Amnesty International considers that the Cambodian judicial system continues to be weak and subject to political pressures, especially in high-profile cases. It is currently unable to ensure that trials are conducted in a manner that would conform to international law and standards of fairness.”

(Amnesty International, 4 August 2005, News Service No: 211, AI Index: ASA 23/004/2005(Public))

 

 

 

August 15, 2005

Prime Minister Hun Sen says that problems in establishing the Khmer Rouge tribunal are giving him a “headache” and warns there won’t be a trial if the government’s share of the trial’s budget is not covered by the international community.

(The Cambodia Daily, August 16, 2005)

 

 

 

August 25, 2005

The United Nations announces that Michelle Lee of China will coordinate UN assistance to the Khmer Rouge tribunal. Effective September 1, 2005 she will serve as the international deputy director of the Office of Administration. She joined the UN in 1974 and most recently has been in charge of administrative support services for the UN genocide tribunal for Rwanda in Arusha, Tanzania, since July 2003. Previously she was chief of the administrative division at the UN’s regional Economic and Social Commission for Asia and the Pacific in Bangkok from February 2001 to July 2003.

(AP, August 26, 2005)

 

 

 

August 29, 2005

 

Prime Minister Hun Sen welcomes the appointment of China’s Michelle Lee by the United Nations as coordinator for UN-Cambodian efforts in setting up a tribunal for former Khmer Rouge leaders. “We welcome any step made by the United Nations. Any appointment made available to any nationality by the United Nations is welcomed,” Hun Sen told reporters, adding that the United Nations has its own regulation that any person employed by this body has to be committed to UN interests.

(Kyodo, August 29, 2005)

 

 

 

September 20, 2005

 

French President Jacques Chirac meets Cambodian Prime Minister Hun Sen for talks on bilateral cooperation and efforts to bring surviving leaders of the genocidal Khmer Rouge regime to justice.

(ABC Radio Australia, September 20, 2005)

 

 

 

September 23, 2005

 

The new US Ambassador to Cambodia says the time has come for bringing former Khmer Rouge leaders to justice. “It must be a genuine tribunal. If we can be assured with the international standard, the American government will support it. What we need is a real trial, not a pretend trial,” he said.

(Kyodo, September 23, 2005)

 

 

 

October 7, 2005

 

India contributes $1 million to the Cambodian side of the budget for the coming Khmer Rouge trials.

(www.hindu.com/2005/10/08/stories/2005100803181300.htm)

 

 

 

October 25, 2005

 

Fugitive former Khmer Rouge commander Chhouk Rin is arrested near the Thai border in Oddar Meanchey province. The arrest followed a request by French President Jacques Chirac for Chhouk Rin’s arrest during a September 21 meeting with Prime Minister Hun Sen in Paris. Chhouk Rin had been on the run since February, when the Supreme Court rejected his final appeal against a life sentence issued in 2002 for his role in the 1994 murders of three backpackers from Australia, Britain and France who were taken hostage following a train attack and later executed on Vince Mountain in Kampot province.

(The Cambodia Daily, October 26, 2005)

 

 

 

November 12, 2005

His Majesty King Norodom Sihamoni signs Royal Decrees appointing His Excellency Sean Visoth as director of the Office of Administration of the Extraordinary Chambers, and assigning Ms. Michelle Lee as deputy director, a position to which she was appointed on October 14 by the Secretary-General of the United Nations.

(Royal Decree, NS/RKT/1105/462 & NS/RKT/1105/466)

 

 

 

November 20, 2005

 

Retired King Norodom Sihanouk accuses Richard Nixon, former US president, and Henry Kissinger, his then secretary of state, of serving the interests of the Khmer Rouge during their military activities in Cambodia. Documents released last week in the US detailed Nixon’s deceptions during the US “secret war” in Cambodia in the early 1970s, when the US launched a heavy bombing on the country. “By using the Lon Nol-ists and Sirik Matak-ists to ‘eliminate’ the [Sangkum Reastr Niyum] and Norodom Sihanouk, the NIXON-KISSINGER were, in the end, serving the vital interests of the Khmer Rouge, Pol Pot and Pol Pot communism,” Norodom Sihanouk wrote in the margins of a newspaper posted on his Web site.

(The Cambodia Daily, November 22, 2005)

 

 

 

November 23, 2005

 

UN moves ahead with Cambodian trials court for Khmer Rouge leaders

 

“23 November 2005 - United Nations efforts helping Cambodia to set up special mixed courts to try ageing former leaders of the Khmer Rouge accused of killing hundreds of thousands of civilians during the 1970s are gaining momentum as Secretary-General Kofi Annan considers nominees for the tribunals’ international components.

“A short list <
http://www.un.org/law/khmerrougetrials/> of candidates will be interviewed in early December for the posts of International Judges, International Co-Prosecutor, International Co-Investigating Judge and International Judges of the Pre-Trial Chamber, spokesman Stephane Dujarric told the daily noon briefing in New York.

“The UN and Cambodia signed the landmark agreement to set up a trial court and a 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.’

“The courts will comprise a mix of international and Cambodian judges. According to the agreement - which stresses the impartiality and independence of the prospective jurists - decisions in the two chambers would be taken by majorities of four judges and five judges, respectively. 

  

            International Judges

 

“The Agreement provides, in Article 3, for a Trial Chamber, composed of three Cambodian judges and two international judges, and a Supreme Court Chamber, composed of four Cambodian judges and three international judges.

 

“In accordance with Article 3, paragraph 5, of the Agreement, these five international judges are to be appointed by the Supreme Council of the Magistracy of Cambodia from a list of not less than seven nominees forwarded by the Secretary-General.

 

“The other nominees are to remain available for appointment as international judges in the event of a vacancy.  They may also be designated to serve as alternate judges in specific cases, in accordance with Article 3, paragraph 8, of the Agreement.

 

“Acting on behalf of the Secretary-General, the Legal Counsel has established the following short-list of individuals whom the Secretary-General might possibly nominate for appointment as international judges or, in the alternative, as judges of the Pre-Trial Chamber: 

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