Khmer Rouge Indictments Mark Progress, Yet Tribunal's Future Uncertain

NEW YORK/PHNOM PENH—The indictment today of four former senior Khmer Rouge leaders is a major development in the struggle for justice in Cambodia. However, the court’s ultimate success is far from assured.

After three years of investigation, the Khmer Rouge Tribunal has brought charges of war crimes, crimes against humanity, genocide, and violations of the Cambodian Criminal Code against Nuon Chea, Ieng Sary, Khieu Samphan, and Ieng Thirith. Their public trial will likely begin in mid-2011. 

“These indictments bring Cambodians one step closer to justice, but the court’s work is far from finished,” said James A. Goldston, executive director of the Open Society Justice Initiative. “A principled completion plan must ensure that all cases before the court are brought to conclusion in accordance with international standards for judicial independence and fair trials.”

As the court takes up this next case, it is also tasked with handling the appeal of the Duch verdict and the judicial investigation of five additional suspects.

Political interference, which threatens the court’s credibility, has yet to be effectively addressed. Cambodian judges recently blocked an investigation into alleged government interference with witnesses, underscoring tensions between the court and the government, and between the court’s local and international officials.

“This is a time when the court should be operating at full capacity, but it faces severe funding shortfalls going into 2011,” said Goldston. “Donors must simultaneously demand proof that political interference has ceased while ensuring that the court has the funds it needs to function properly. Donor fatigue must not become an excuse for selling short the victims of Khmer Rouge crimes.”