1. Prosecuting Genocide in Cambodia:
The Winding Path Towards Justice

2. How long has it been since the end of Pol Pot’s regime?
Over 25 years
How long has it been since the end of Pol Pot’s regime?

3. Why can Pol Pot not be tried for his crimes?
Because he is dead
But he could be tried in absentia
Why can Pol Pot not be tried for his crimes?

4. The Death Penalty
There was no death penalty under the Cambodian Constitution. You would either have to amend the Constitution or amend the law to take out the death penalty
What would be the maximum punishment allowed for those convicted by this tribunal? What had to happen first for this to be an option?

5. Could Cambodia’s domestic laws handle the magnitude of the crimes in question?
Could the body of international criminal law be used to prosecute cases in Cambodian courts?
What sorts of evidence would be admissible?
How would the tribunal deal with amnesty granted to Pol Pot’s Foreign Minister?
What would be the effect of Cambodia’s notoriously corrupt judiciary on a genocide tribunal?
Identify five questions that had to be answered in order for this trial to proceed:

6. Identify the crimes that would be prosecuted:
International crimes: genocide, war crimes, breaches of the Geneva Convention
Homicide, torture, religious persecution
Identify the crimes that would be prosecuted:

7. A mixture of Cambodian and international judges where Cambodians always have a simple majority
How was the tribunal set up to make sure that judgments would be fair and impartial?

8. They have been looking for signs of corruption; a lack of due process; and the effect of political influence to see how it might be a precursor to genocide tribunals
Why have recent trials that have taken place in Cambodian courts been under scrutiny from international observers?  

9. They’ve needed the passage of UN Resolution 1997/49 which is a request of the Secretary General for Assistance.
Why has it only recently (since 1997) seemed possible that there be a trial of Khmer Rouge leaders?

10. The involvement of the United States political and military in Cambodia prior to the genocide (illegal bombing (1970) and subsequent invasion; and the U.S. support of the Khmer Rouge after their fall in 1979)
What do some Khmer Rouge leaders and even American lawyer Ramsey Clarke believe should fall within the scope of the tribunal?

11. The Chinese government was the largest financial supporter of the Khmer Rouge while they were in power and after their fall in 1979.
Like the United States, why might China have reason to worry about information that might be revealed in a full hearing about the Cambodian genocide?

12. Why would such a trial be a good thing for the country of Cambodia?
It is an opportunity to address past injustices, but also to strengthen the role of the judiciary in peacetime Cambodia
It will establish truth regarding the events that transpired from
Those responsible will be held accountable
Survivors will know their suffering has been acknowledged by the international community
Younger Cambodians will understand their country’s turbulent history
Why would such a trial be a good thing for the country of Cambodia?