Professional Documents
Culture Documents
List of Photographs vi
Foreword by Roland Joffe vii
Acknowledgements xiii
List of Abbreviations and Acronyms xvi
Introduction 1
Notes 274
Bibliography 300
Index 311
Introduction
Bringing the leaders of the Khmer Rouge to justice is the focus of this
book. These are some of the worst mass murderers of the twentieth
century who plunged their country into an unspeakable horror, often
termed the darkest period in Cambodia’s history. Over 25 per cent of
the population died under their rule between 1975 and 1979. Why, a
quarter of a century after the Pol Pot regime was ousted, has no one
stood in court to answer for these terrible crimes?
We trace in the first half of the book how the very governments that
so often speak the language of human rights shielded Pol Pot and his
lieutenants from prosecution during the 1980s, massively contributing
to impunity for crimes against the people of Cambodia.
Most governments ignored efforts inside Cambodia to document
and prosecute the crimes of Democratic Kampuchea, the official name
of the Pol Pot regime. For over a decade appeals from Cambodians
inside and outside the country for a Khmer Rouge tribunal fell on
deaf ears. The Khmer Rouge were aided and abetted, rebuilt as a
military force and accorded the right to sit in the United Nations as
the ‘legitimate representatives of the Cambodian people’.
Only after the Khmer Rouge no longer posed a political or military
threat did the United Nations, in 1997, come round to condemning
their crimes, following a request from the Cambodian government
for international assistance to bring the perpetrators to justice.
The final quarter of the twentieth century witnessed enormous
changes in the international political landscape. Moves towards
setting up a Khmer Rouge tribunal were but one strand among many
in the weaving of the new cloth of international humanitarian law
and justice.
Following the Second World War there had been a flurry of activity
in the name of ‘never again’. The Nuremberg and Tokyo tribunals were
intended to lay the groundwork for setting international safeguards to
prevent such horrendous crimes from ever being repeated. However,
they were also subject to the label of victor’s justice – no one on the
winning side was ever charged for war crimes, even for the utilisation
of weapons of mass destruction such as the atomic bomb, or for the
fire-bombing of civilian populations.
Post-war enthusiasm for a new world order led not only to the
founding of the United Nations, but also to an advance in the
1
2 Getting Away With Genocide?
picture. Working forward from the 1960 census and backwards from
the 1992 UNTAC electoral lists, Heuveline suggests a range of from
1.17 million to 3.42 million deaths in excess of what could have been
expected in the period. While the data gives a medium estimate of
2.52 million, Heuveline comes very close to Kiernan and Sliwinski
in his subjective estimation of ‘between 1.5 to 2 million’.2
While it may be argued that those holding power in a country
are responsible for all ‘excess deaths’ in the population under their
control, it is clear that the subjective intentions and actions of the
government are not always to blame, as objective and external factors
can play an even stronger part. What is far clearer, however, is the
direct responsibility of the authorities for executions, torture and
deliberate starvation.
Sliwinski estimates that of the overall deaths from 1975–79, 39.3
per cent resulted from execution and 36.3 per cent from famine, with
only 9.9 per cent from natural causes. Heuveline refers to ‘violent
mortality’, which he estimates at between 600,000 and 2.2 million,
with a central value of 1.1 million.3
Any trial of the Khmer Rouge would need to address the questions
of what crimes were committed and by whom. Overwhelming
evidence of horrendous crimes has been amassed over the past
two decades. The challenge for the prosecution will be to marshal
sufficient evidence to establish individual culpability for genocide,
crimes against humanity, war crimes, homicide, torture and religious
persecution. This challenge is explored in the penultimate chapter.
Was it genocide?
We have chosen in this book to use the term ‘genocide’ as a shorthand
for the large number of horrendous crimes committed by the Khmer
Rouge in Cambodia.
We are mindful of the fact that many scholars and legal experts
maintain that successful prosecution of the Khmer Rouge for the
crime of genocide might be difficult to achieve. Many of the atrocities
fall more readily under the rubric of other crimes, and the narrow
definition of genocide under the 1948 Genocide Convention will
present difficulties for the prosecution even on those acts that are
closest to the legal definition.
An extensive body of literature has been penned on the
interpretation of the definition of genocide in general, and on the
Cambodian case in particular,4 and we canvass the issues in more
detail in Chapter 11.
Introduction 5
311
312 Getting Away With Genocide?
Haing Ngor, 85, 86, 87, 102, 109, Howard, Jim, 20, 65
284 Howes, Christopher
Hammarberg, Thomas, UN Special kidnap and excecution by KR,
Representative for Human 115
Rights in Cambodia Hu Nim, 220, 260
and negotiations, 113, 135, 155 Hua Guofeng, 55
on impunity, 147 Human Rights Watch, 131, 157,
raising Khmer Rouge issue at 168, 191, 237
UNHCHR, 1997, 117 on EC, 168, 191, 197, 204, 236–8
Han Nianlong, 56 Human Rights Watch Asia, on EC,
Hannum, Hurst, 72, 81 148, 153
Harish Chandola, 10 humanitarian intervention, 25, 53
Hatfield, Mark Hun Sen, 14, 16, 119
US senator supporting KRT, 85 allegation of committing crimes,
Hawk, David, 36, 53, 70, 72, 77, 79, 152
81, 106, 113 allegation of delaying EC, 233
Hawke, Bob, 79, 81 allegation of manipulating EC,
countermanding Hayden 240
initiative, 79 and armed conflict in 1997, 119
Hayden Bill, Australian foreign and Paris Peace Conference, 89
minister, 77, 78, 79, 81, 85 attempts to hold talks with
Heder, Steve, 152, 197, 268, 269, 271 Sihanouk, 82
Heng Samrin, 8, 16, 37, 51, 180 characterisation as a senior KR
Cambodia’s seat at the UN, 29 leader, 151
Herod, Bill, 64 critique of Chinese support for
Herrel, Karsten, Coordinator for UN KR, 90
Assistance to the Khmer Rouge efforts to keep the KR out of the
trials (UNAKRT), 208 Peace Settlement, 86
visit to Phnom Penh December interview by Helen Jarvis, 136
2003, 209 initiative for peace and national
Hesburgh, Theodore, President of reconciliation, 1987, 84
Notre Dame University, 30 invitation to Thailand, 1988, 84
Heuveline, Patrick, 3 joining KR-dominated maquis,
Him Huy, 214 152
Hisashi Owada, Japanese diplomat, letter to Kofi Annan requesting
193 UN help, 82, 117
Hitchens, Christopher, 274 letter to Kofi Annan, February
Hitler, Adolf, 28, 30, 34 2000, 169
Ho Sok, 147 letter to Kofi Annan, September
Hochmann, Steve, 60, 61 1999, 162
Holdridge, John, US assistant meeting with Derek Fatchett,
secretary of state, 63 115
homicide, 222 meeting with Bill Hayden, 77
Hor Namhong, 130, 132, 137, 151, meeting with Kofi Annan,
152 Bangkok, February 2000, 170
Hotel Le Royal, 13 meeting with Sihanouk, 1987,
Houn Hourth 83–4
kidnap and excecution by KR, on EC and negotiations with UN,
115 130, 180, 193, 240
Index 317
International Criminal Tribunal for Ke Pauk, 86, 120, 249, 256, 259,
the Former Yugoslavia (ICTY), 260, 265, 272
225, 236 and Pol Pot capture, 122
international criminal tribunals, death, February 2002, 190
114, 157, 159, 218 Keat Chhon, 26, 152, 277
international standards of justice, Keizo Obuchi, Japanese prime
130, 150, 155, 157, 164, 168, minister, 165
191, 201, 234 Kek Galabru, 83
international NGOs Keo Chenda, 16, 40, 42, 43, 44, 45
and aid to PRK, 18 Kep Chuktema, 74
and campaign for KRT, 74 Kerry, John, 162
on aid distribution, 33 and negotiations, 174, 179, 184
International Seminar on the meeting with Hun Sen April
Genocide Phenomena, Phnom 1999, 155
Penh 1989, 88 Khek Penn, 220
internationally protected persons Khieu Ponnary, 266
crimes against, 228 Khieu Samphan, 58, 65
Interpol, 35, 60, 87 and peace talks, 86, 87, 89, 91,
Irish Times, 34 95, 97
attack on, Phnom Penh 1991,
Jackson, Sir Robert, 34, 37, 39, 52,
101
64
defection of, 134–8, 230
Jakarta International Meetings
denial of crimes, 145, 248, 250–2
(JIM), 86, 93
diplomatic role 1979–93, 62, 69
Japan
role in DK, 42, 101, 219, 220,
participation in PRT, 43
258, 261, 262–4, 272
support for resuming
support of, 136
negotiations, 234
Khieu Thirith, 266
Jarvis, Helen, 104, 111, 290, 292
Khmer Institute of Democracy, 234
Jendrzejczyk, Mike, 191
Jennar, Raoul, 75, 102, 275, 289 Khmer People’s National Liberation
Jhu Bangzao, Chinese spokesman, Front (KPNLF), 68
178 Khmer Republic
Jiang Zemin seat at UN, 30
visit to Phnom Penh, 177, 179 Khmer Rouge
judicial system arrests of, 166, 167
reconstruction of, 18 attack on UN peacekeepers, 105
civilian hostages, 10
Ka Sunbaunat, 143 control of refugee camps, 38
Kaing Khek Iev. see Duch dominant role in CGDK, 69
Kampong Cham, 217 end of insurgency, 1998, 138
Kampong Som, see Sihanoukville likely defendants, see Annexe A
Kampot hostage incident, 166 train ambush, 1990, 92
Kampuchea Emergency Group train ambush 1994, 166, 194
(KEG), 62, 67 welcome of UN withdrawal, 235
Kampuchea newspaper, 44 see also Democratic Kampuchea
Kang Chap, 265 Khmer Rouge Law, see Law on
Kao Kim Hourn, 139 the Establishment of the
Kassie Neou, 85 Extraordinary Chambers
Index 319