ECCC Case 002

What is ECCC?

Extraordinary Chambers in the Courts of Cambodia is a court established to try the most senior responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide

Case 002 tried two former Khmer Rouge leaders: Nuon Chea and Khieu Samphan who were charged with crimes against humanity and genocide against the Vietnamese group inside and outside Cambodia territory.

 

  •  Hun Sen insisted on the court’s establishment “for the sake of the nation we had to do it.” in order to rescue the nation from embedded mental trauma.
  • The coalition between Cambodia and United Nations for this second court lies in the motivation of peacebuilding and gaining justice, “in bringing to justice those persons responsible for the genocide and crimes against humanity during the rule of the Khmer Rouge from 1975 to 1979”
  • The establishment of ECCC re-strengthens Hun Sen’s political image
  • The efforts of the founded court were from the intrinsic motives to gain justice back for Cambodians

Historical backgrounds leading to the establishment of ECCC

The born of People's Republic of Kampuchea Party (PRK) in accordance with the support of Vietnam

The PRK tried to overthrow the Pol Pot regime and later on made attempts to accuse the Pol Pot regime of the genocide crime

First attempt of PRK party failed

The People’s Revolutionary Tribunal first raised the genocide crime “of Pol Pot and Ieng Sary”. Later on, it was believed to have been biased because “the 1979 trial was not conducted impartially and independently with regard to due process requirements)”

The official establishment of ECCC

to 2019, evidence and documents were collected in the purpose of serving for the court.

Second attempt of PRK failed

The letter that Cambodian Secretary-General sent to the United Nations (hereby known as UN) got rejection. However, this second attempt placed as a founding stone for The Extraordinary Chambers in the Courts of Cambodia (hereby known as ECCC).

Third attempt successful

Despite the rejection, they kept on negotiating with the UN.

The official establishment of ECCC

This is a special Cambodian court which receives international assistance through the United Nations Assistance to the Khmer Rouge Trials (UNAKRT)

Evidence collection

Evidence and documents were collected in the purpose of serving for the court.

Allegations

The allegations presented in Closing Orders need to be proven through adversarial hearings. That’s why all references here are not facts no until they have been announced in a final judgement

The Theory: 

  • Pol Pot Regime wanted to eliminate the alien due to purifying the race and serving political purposes

The implement:

  • Killings of Vietnamese Civilians in Prey Veng and Svay Rieng: waves of killings of Vietnamese civilians occurred in 1977, 1978 and 1979

  • Killings of Vietnamese Civilians outside of Prey Veng and Svay Rieng: A mass execution of Vietnamese people occurred in mid-to-late 1978 at Wat Khsach, in Yeang Village, Russei-Lok Subdistrict, Siem Reap Province

  • Treatment of Cambodian People with Vietnamese Spouses and Children with one Vietnamese Parent: “if the mother was Vietnamese, they would take the mother and all the children and kill them because the children suck the milk of the mother”.

  • Anti-Vietnamese War and Purge Propaganda: The national duty of all of us is to struggle to fight to eliminate our aggressive, expansionist, territory-swallowing and genocidal Yuon enemy

Allegation and evidence of Khmer Rough toward Vietnamese on its land

The Theory:

  • Sweeping Vietnamese out of Kampuchea territory
  • Entering Vietnamese territories to eliminate its race  “out of the face of the earth.”

The Implement:

  • Cambodia did not make a focused attack before the Vietnamese army discovered  the Communist brothers were the current enemy they to face
Allegation and evidence of Khmer Rough toward Vietnamese on Vietnam territory

Final Judgement

About Vietnamese Genocide

According to witness and evidence, in the Final Judgment, the Chamber is therefore satisfied that the Noun Chea and Khieu Samphan was criminated in killing the Vietnamese group.

 

About Vietnamese Invasion

  1. Seeking the assistance of the Soviet Union in order to dissuade China from interfering
  2. Broadcasting calls for Cambodians to rise up against Pol Pot
  3. Accusing the CPK of atrocities and acts of aggression

“As to Vietnam’s invasion and occupation of Cambodia starting in 1979, the Chamber notes that these events relate to events outside the temporal jurisdiction of the ECCC”