Groundwork Laid for Prosecution of Additional Khmer Rouge Leaders Despite National Co-Prosecutor’s Objections

Today’s proceedings in the trial of Kaing Guek Eav (alias Duch) were overshadowed by a very important decision from the pre-trial chamber regarding the disagreement between the national and international co-prosecutors about whether to prosecute additional Khmer Rouge leaders. Pursuant to the ECCC’s constitutional documents and the Internal Rules, the dispute was submitted to the pre-trial chamber where a super-majority of four out of five judges is required to reach a binding decision. The pre-trial chamber was unable to resolve the disagreement between the co-prosecutors with a super-majority decision. In cases where the pre-trial chamber cannot resolve such a disagreement with a super-majority, the Agreement between the United Nations and the Royal Government of Cambodia, the ECCC Law, and the Internal Rules specify that the investigation of additional suspects for prosecutions shall proceed.

The Office of the Co-Prosecutors first informed the public about this disagreement in December 2008. The international co-prosecutor, Robert Petit, asserted that additional prosecutions are necessary to fulfill the mandate of the ECCC, which is to bring to justice senior leaders and those most responsible for the crimes that were committed in Democratic Kampuchea between 1975 and 1979. The national co-prosecutor, Chea Leang, disputed the fact that the suspects identified in the new Introductory Submissions were senior leaders of the Khmer Rouge. Furthermore, she asserted that additional prosecutions would have a detrimental impact on the peace, stability, and national reconciliation in Cambodia. Finally, she argued that existing trials would be put in jeopardy because additional prosecutions would strain the budget and resources of the court…

Read more: ctm_blog_9-2-2009