After years of complicated negotiations, the ECCC was operational in
2007. Cambodia disproved of the idea of using an international court system so
together with the UN, a “hybrid court” was agreed upon consisting of international
and Khmer judges which would apply both international humanitarian law and
Khmer law. The intention was to focus on “key leaders” committing crimes from 1975
through 1979. However, thus far there has only been one case. Three more trials
are underway. After these three, the court will be disbanded, a direct order
form the Cambodian government. So $149.9 million USD, one conviction, and
possibly three more, is it pointless?
The ECCC was born into a dysfunctional family. It’s largest
hindrance is that so many individuals with Khmer Rouge connections are still in
the Cambodian political system. Uprooting information on any one KR leader
could potentially uproot the entire system. It’s a dangerous game for the
ruling party and the prime minister who have been in power since 1990, and have
questionable connections prior to that year.
There are other issues with the ECCC. Allegations exist that only
individuals connected with the ruling political party are employed there. The
judges both international and Khmer are frequently cycled out, or denied
appointments. Many international members of the court have resigned, most of
whom are to gracious to share their grievances with the public. Those who have,
are angry. Public support has always been incredibly low for the ECCC. Most
people appear unaware it’s even happening, or incredibly skeptical if they do
know anything. The court system in Cambodia is fundamentally flawed. Even this
internationally sanctioned court half filled with international judges isn’t enough to persuade
the public of its value. If all of this wasn’t enough, while it’s rarely
expressed openly, people would rather sweep this nasty KR business under the
rug and move on. It’s too much to look at that disaster in the face.
I didn’t realize any of this was happening until I went to a part of the trial on Tuesday. It’s a surreal experience, watching the proceedings behind glass with real-life translation over your headset. It all seems so professional, so 21st century, exactly the way the world should be, where genocide is a serious offence that has serious consequences. But then you do your research, and you hear the rumors, and you realize everyone’s hands on all sides are tied by either formal legal proceedings or by shadows of the KR. It’s all so sad. The Khmer Rouge in many ways seems to live on.
I didn’t realize any of this was happening until I went to a part of the trial on Tuesday. It’s a surreal experience, watching the proceedings behind glass with real-life translation over your headset. It all seems so professional, so 21st century, exactly the way the world should be, where genocide is a serious offence that has serious consequences. But then you do your research, and you hear the rumors, and you realize everyone’s hands on all sides are tied by either formal legal proceedings or by shadows of the KR. It’s all so sad. The Khmer Rouge in many ways seems to live on.