13 February 2007
Nationalism is
Obstacle to Justice for Former Cambodian Leader Nuon Chea
By Luke Hunt
HONG KONG — As the ousted dictator Saddam Hussein swung
miserably from the
gallows there were no shortage of political leaders—past and present,
East and West—who were willing to express their dismay or a touch of
glee.
The political point scoring has abated since the December hanging. However,
among the least noted to comment on the execution was a former Khmer
Rouge
leader, Nuon Chea, who defended the former Iraqi president and claimed
"Saddam Hussein had a spirit of national love."
His comments were not surprising.
Like Saddam Hussein, Nuon Chea expects to face trial on charges of crimes
against humanity, and while the allegations against Pol Pot's former number
two are much grander, both men had a habit of cloaking their actions, like
genocide, in nationalistic euphemisms.
It's a line that goes something like: "What was done was in the interest
of
all Iraqis, read Cambodians, and was necessary to rid
of the evil outside forces that threaten our very existence."
But where the trial and execution of Saddam Hussein was as swift as it was
cruel, the same cannot be said for Nuon Chea or the Cambodian people.
Justice has evaded them since the Vietnamese ousted Pol Pot and his cohorts
from power in January, 1979.
Ironically, the chances of Nuon Chea, or any surviving Khmer Rouge leader,
being put in the dock for the deaths of a third of Cambodia's population are
wilting amid the very familiar sound of nationalistic rhetoric, only this
time it's from those charged with dispensing justice.
Until recently, indictments against possibly 10 former Khmer Rouge leaders
had been expected to be issued about now. The tribunal, known as the
Extraordinary Chambers in the Courts of Cambodia, had expected to be
underway by May.
That won't happen despite an agreement being struck with the United Nations
and
international community coughing-up $56 million to fund it.
Instead, a dangerous rift has emerged from behind a semblance of public
cooperation between the Cambodian and international judges and lawyers.
It began last November when they failed to agree on about 100 basic rules
needed to kick-start the trial, and the gulf is widening amid cultural and
political differences, with two blocs being formed: foreign jurists on one
side and the Cambodians on the other.
Initially, the Cambodian judges were accused of stonewalling their foreign
counterparts amid undue political influence being exerted by elements in the
government, which rights activists claim are trying to block the tribunal.
Then the International Bar Association abandoned a legal training program,
meant to bring Cambodian lawyers up to speed with international law, after
the Cambodian Bar Association boycotted the program and threatened to take
measures against any member who participated.
The Cambodian Bar Association is now demanding greater control over the
legal defense of former Khmer Rouge leaders and international lawyers have
threatened to walk out of the country.
The Bar also insists it will not approve any foreign lawyer whose home
country does not grant Cambodian attorneys reciprocal rights to practice
law.
Given the reputation of
legal authorities in
Association president Ky Tech is also demanding Bar approval for the list of
defense attorneys and has threatened to sue the tribunal—alongside any
government and foreign bar associations if their demands are not met.
The Bar has objected to the Defense Office and its principal defender,
British lawyer Rupert Skilbeck. That position, according to the Bar, should
also be filled by a Cambodian.
Then, in late January, the tribunal suffered another setback when foreign
and Cambodian judges again failed to agree on the internal regulations.
Expectations for a tribunal start date have been pushed back towards the end
of this year.
Such regulations may sound mundane, but the court's members must adopt the
rules so the court clearly meets international standards of justice and the
selfish demands by Cambodian judges smack of nationalistic excuses.
This has escalated fears that other elderly regime figures like Nuon Chea,
former head of state Khieu Samphan and ex-foreign minister Ieng Sary, who
live freely in
Allegations include the deaths of up to two million people through
starvation, overwork and from execution during the 1975-79 rule of the
ultra-Maoists, which also abolished religion, property rights, currency and
schools.
The belligerent, and steely eyed Nuon Chea has always argued, like Saddam
Hussein, he only acted on behalf of all Cambodians and against the outside
forces who sought to control them. This will be his defense.
"The people never used the word genocide. Only the invaders use the word
genocide," Nuon Chea said during a more recent interview.
It is a well-worn argument that the Khmer Rouge have been unjustly maligned
by foreigners. If the tribunal collapses and justice continues to evade
Cambodians, then brace yourself, because the Cambodian Bar Association will
trot out a similar defense for its failures, just like Pol Pot's most
trusted lieutenant.
Copyright 2007
World Politics Watch