The NUON Chea Defence submits that due to the failure of the attempts to overthrow POL Pot which were supported by Vietnam, it decided to begin a large-scale invasion of DK,seeking the assistance of the Soviet Union in order to dissuade China from interfering. To legitimise the invasion, Vietnam recruited Cambodian forces (including HENG Samrin), setting up guerrilla training camps and broadcasting calls for Cambodians to rise up against POL Pot. It is submitted that Vietnam sought to manipulate public opinion by accusing the CPK of atrocities and acts of aggression. Vietnam then entered Cambodia in “an unprovoked invasion of a sovereign state in flagrant violation of international law” which was condemned by the international community.
The Chamber has already rejected the submission that Vietnam instigated or supported internal factions within the Northwest Zone in 1977 and/or the East Zone in 1978. 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. It further notes that the 1979 invasion cannot retroactively justify alleged criminality occurring between 1975 and 1979, regardless of its legal characterisation as a matter of jus ad bellum. The Chamber therefore rejects the submission that CPK policy between 1975 and 1979 was justified on the basis of the existential threat posed