By Moritz Kleine-Brockhoff

Up to two million people died when the Khmer Rouge Regime tried to turn Cambodia into a purely agrarian state in the late 1970s.

Leader Pol Pot and his clique built detention centres for alleged dissidents.  Many inmates vanished.

In 2006, the Government of Cambodia and the United Nations jointly installed the Khmer Rouge Tribunal (KRT) in order to prosecute former Khmer Rouge leaders.

“When millions die, justice is impossible.  At the same time, impunity is not an option.  Even if just a few perpetrators are prosecuted - the victims of the Khmer Rouge deserve this tribunal,” said Manfred Richter, member of the Board of Directors of Friedrich Naumann Foundation (FNF), in Berlin.  FNF organised a panel about the KRT, three experts discussed positive and negative aspects of the tribunal.  Mr. Richter made opening remarks.

 
To date, the four most senior surviving Khmer Rouge Cadres and one director of a detention centre are under arrest in Cambodia.  The first trial is about to be concluded, the second expected to get underway next year.

Prosecutor Jürgen Aßmann, who spent two years working at the KRT in Phnom Penh, believes the second case will be complicated: “The first case is simple, it involves one man, Duch, who was in charge of one detention centre and confessed to committing crimes.  The second case is different, it involves members of the Khmer Rouge leadership, former politicians, all of them deny wrong-doing. Chain of Command needs to be established and proven. It won’t be easy.”  

Mr. Aßmann pointed out that the court does face internal problems. Costing more than US$100 million so far, allegations of corruption have been raised by a monitoring NGO.  The court has not adequately responded to the claims.  Furthermore, apparent political influence by Cambodia’s Prime Minister Hun Sen undermines the credibility of the tribunal.  Mr. Sen says he fears that Cambodia’s stability would be threatened in case many former Khmer Rouge cadres are prosecuted.  International prosecutors, on the other hand, are keen to do just that, they would like to charge more than the five people they have arrested so far.

“Corruption and political influence are unacceptable, these issues must be addressed. But we should not forget that, imperfect as it may be, the KRT plays important roles in Cambodia. They court helped to start a process of coming to terms with our history,” said Theary Seng, a Cambodian lawyer and democracy activist. “We, a traumatized society, finally deal with the horrors of the past. This is an important step.”

Mrs. Seng lost her parents under the Khmer Rouge. Along with other orphans, she now is a civil plaintiff at the KRT.  “We want the accused to admit their guilt. That is more important to us than a possible punishment,” Mrs. Seng said in Berlin.  The FNF panel discussion was attended by 100 guests and moderated by Moritz Kleine-Brockhoff, the foundation’s project director for Cambodia.

Jürgen Koppelin, a prominent member of Germany’s Parliament, doubts whether the KRT benefits the people of Cambodia: “Many have never heard of the tribunal. They don’t care, they have other things to worry about, above all appalling poverty”.  

Mrs. Seng disagreed.  “Most Cambodians do care. The tribunal is important for many reasons.  For example it has de-mystified these former leaders.  Now, under pressure, we get to see them for what they really are: Weak, scared men.”