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CAMBODIA ARCHIVE: July 10-21, 2006

Year Zero

Nearly thirty years after Cambodia’s genocide, those responsible may finally be tried, if they’re not already dead or dying.

By Kevin Sites, Tue Jul 18, 12:46 AM ET

Editor's Note: When this story was posted, only two of the former top

Khmer Rouge leaders were still alive and in detention, awaiting trial for their alleged roles in Cambodia's genocide. Two days later, Ta Mok, known as "The Butcher," and mentioned in the below story, died at the age of 80. Ta Mok's death leaves only Kaing Khek Iev, the head of the infamous S-21 prison, to answer to the charge of crimes against humanity. 

PHNOM PENH, Cambodia - When the Khmer Rouge came to power in Cambodia in 1975, their leader, Pol Pot, proclaimed that it was "Year Zero" in the newly-renamed Democratic Republic of Kampuchea and that the society would not only be transformed from urban to rural, but recreated as a utopian agricultural paradise.

When the experiment was over, as many as two million people were dead, murdered in a vast wave of violence that turned the entire nation into a giant killing field.

The genocide finally ended after forces from neighboring Vietnam overthrew the regime in 1979. But not a single Khmer Rouge leader has seen the inside of a courtroom for the crimes committed against humanity.

Martin Karopkin

Finally, almost 30 years later, the government of Cambodia, working with the

United Nations, is establishing an international tribunal to prosecute major figures from the Khmer Rouge establishment — ones that haven't already died, like Pol Pot in 1998, or others too sick to stand trial.

Martin Karopkin, a trial commissioner for the New York City Police Department, applied for a place on the tribunal and was selected as a reserve judge. The main contingent in the tribunal will be Cambodian jurists but there are also judges from the Netherlands, France, Poland, Australia, Japan and other nations. Karopkin is the only American.

He was in Phnom Penh in early July for the first meeting of the tribunal. I talked with him at his hotel about the future proceedings and whether justice will finally be served. Just days after the interview, reports emerged that Ta Mok, an army chief in the Pol Pot regime known as "The Butcher" and one of the two top Khmer Rouge leaders in custody, is in a coma and could die at any moment.

KEVIN SITES: With so much time gone by and so many of the former Khmer Rouge leaders dead, like Pol Pot, and others sick and dying, who will actually be prosecuted, and how?

MARTIN KAROPKIN: None of the specifics have been brought up yet on who will be tried. Investigating judges will sift through the evidence and help make those decisions but the mandate is to find those that are most responsible. The tribunal needs to go after everyone at all levels.

The court is a historic event and since it's been long delayed it will take a lot of effort to provide the proper ajudication. But considering the amount of time that's gone by, this court can also help establish something very significant: a formal historical record (of the genocide).

There have been lengthy negotiations between the Cambodian government and United Nations, which will help ensure that a sense of fairness and international standards of law are applied.

SITES: What kind of timeline are we looking at?

KAROPKIN: Judges will be returning to their own countries after this initial meeting and the thing won't commence for at least six months. But we're talking about a three-year timetable for all the trials and appeals, which many of us feel is very optimistic.

SITES: Where is the process right now?

"Fundamentally it's wrong to ignore an event like this. An event of this magnitude needs to be pursued as long as it can."— Martin Karopkin

KAROPKIN: We're focusing on how to function, on how to go forward. The biggest problem we face is the fact that almost 30 years have passed, and we all understand that 30-year delay will impact every aspect, including those that would've been tried that have already died and those that are very ill.

SITES: Cambodia seems like it's moved on in many ways. Why is it so important to pursue this?

KAROPKIN: Fundamentally it's wrong to ignore an event like this. An event of this magnitude needs to be pursued as long as it can.

On a personal level I hope it will bring a sense of closure to all involved. The key issue here is that this is being addressed in some fashion. To do nothing, to ignore it, is not adequate.

SITES: Are there other pressing reasons to conduct this tribunal?

KAROPKIN: Unfortunately we live in a time when there have been some shocking genocides and the world needs a way to respond to it. Jurisprudence is one response to meet this unfortunate need. And by addressing it, it may also act as a check against future genocides, that those who perpetrate these kind of things will have a day of reckoning.

SITES: But these tribunals are after the fact. Why, in your view, is the international community so slow to come to grips with these crimes both in preventing them and then in helping to pursue justice once they've happened?

KAROPKIN: I think as human beings, most of us are simply puzzled that this kind of thing has occurred. I think there's a tendency to try and avoid it because it's painful and hard to appreciate.

We'd like to believe it's not a part of the human condition, but that's an unfortunate euphoric denial. We do need to move to the place where we're not having these kind of discussions. These tribunals do focus our attention on what happened but they also come after the fact. That attention has to come before they're allowed to happen.

Evidence of genocide is on display
throughout Cambodia.

SITES: The U.N. doesn't have the best record as far as recent genocides are concerned with Rwanda and now Darfur. Why should they be trusted to handle justice on this one?

KAROPKIN: I believe the U.N. is the last best hope for man. It offers an opportunity for people all over the world to speak and address each other. Like humans, there are good parts to the U.N. and parts that are flawed. We need to work hard to eliminate the flaws but we need to also recognize that the U.N. reflects the best of our aspirations.

SITES: Do you hope your participation will somehow serve to inform Americans more about what happened in Cambodia?

KAROPKIN: My mission is to ensure as best I can that the trials go forward and are conducted in a professional way to the highest legal standards, human rights standards. Anything else that flows from that is just extra. For judges it's about providing justice, it's not about being on the commission.

SITES: What's your take on how the Cambodians feel about the tribunal?

KAROPKIN: I haven't been in Cambodia long enough to have a sense of how they feel about it. But I think the reaction is a mixed one. There's disappointment that it's taken so long.

I also sense quite a longing that this be addressed in some fashion. And that if the tribunal moves forward and gives them a sense of their own history, releases them from their past, then they can go forward.

Next: Good Work
Previous: The Dark Trade
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Comments

Join the discussion. Here you'll see the comments in the order they were posted.

1
Given the extent of U.S. war crimes during its war in Southeast Asia, which was certainly one of the precipitating causes of Pol Pot coming to power (and let's not forget that America supported this regime throughout its tenure), how can we sit in judgement of others? If there are going to be "trials" in Cambodia, American generals and politicians should also be sitting in the dock.
Posted by louisgodena on Tue, Jul 18, 2006 6:05 AM ET
2
Every/ anyone implicated should stand trial. I guess if it's even one hundred years after relatives could still find comfort in the fact that justice was done. Though alot of the perpetrators are sick or dead, the matter was addressed.
Posted by missnickywilliams on Tue, Jul 18, 2006 10:55 AM ET
3
The reason why no one is tried yet is because the people that sit behind the desk in the Cambodian goverment were once Khmer Rouge themself. Look at the current prime minister, he was once a member of the regime. However, if this does go to trial, I want to see King Norodom Siranouk be the first to stand trial and hang for his propoganda. He play a huge roll in the recruitement of farmers and peasants. What kind of King kill his own people? And still today, most Cambodian welcome him with open arms when he's in town. There's a huge parade and celebration when his son is crown the new king or whatever it is that has to do with royalty. I just don't get it???
Posted by jonny_ker on Tue, Jul 18, 2006 11:35 AM ET
4
So I have read Cambodia is still run by Ex-Khmer Rouge. Will we see warrents issued for Hun Sen, Chea Sim, Hor Namhong, or any of the many "formers" Khmer Rouge. They have connection of genocide Cambodian People! They just switch sides when Vietnam invaded Cambodia in 1979. Then ther is the trouble with finding witneses to testify; the Cambodian people are still afraid of speaking out. Sam Rainsy and others talked about corruption of the leaders in Cambodia, they were throw in jail. So the current government is making nice nice with promoting a positive world image and stance on human ritghs to further their efforts to secure finacil aid for their own bank accounts.
Posted by bradleyserv on Tue, Jul 18, 2006 12:51 PM ET
5
Hun Sen and his government is delaying this trial for so long in order for all former Khmer Rouges to die without going to trial. We know who the real killers are, Hun Sen is different from Pol Pot, only that he does not kill people in mass, if he could he would. Khmer people is stuck in the middle with no where to go, but to wait. Ta Mok, Khieu Samphan, Noun Chea, Ieng Sary, and Duch will die before they even step into the tribunal, either from old ages, sickness or poisons by Hun Sen and cronies. That is how Hun Sen work. Look at Pisith Pilika and Touch Sreynich shooters, they are no where to be found.
Posted by slach7470 on Tue, Jul 18, 2006 1:55 PM ET
6
Why do people still ask such questions as below? "Why, in your view, is the international community so slow to come to grips with these crimes both in preventing them and then in helping to pursue justice once they've happened?" Embargoes and boycotts don't work unless you can shut off ALL traffic to that country/region. Military force is an act of war and no one wants to spill their own blood trying to save anothers without believing its worth it. Prosecute people years later? Of course, let people know they can't get away with that behavior forever.
Posted by jzelkows on Tue, Jul 18, 2006 2:21 PM ET
7
it's a pity Mr. Kissinger, one of the primary responsibles for the Cambodian tragedy, will not stand trial this time
Posted by hsfmader on Tue, Jul 18, 2006 2:28 PM ET
8
To say Hun Sen was Khmer Rouge is a pretty simplistic argument. He was but so was much of the country at the time. He was also the one who went to Viet Nam and ended up fighting against them in the end. The Eastern Zone, where Hun Sen was located, was run in a much less draconian way than much of the rest of Cambodia until Pol Pot’s forces turned on them. I spend a great deal of time in Cambodia and my wife is Cambodian. She lost much of her family during that time but I don’t see much enthusiasm for the trial among the ordinary Cambodians. I am no fan of Hun Sen. I do have a desire to see some justice but in the end they will only ever try a very small number of people. Let’s face it; there are thousands and thousands of people with blood on their hands. I think, in the end, that the money these trials are going to cost (56 million last I heard) is just too high. Many in the international community are pushing it because they are making money hand over fist on this. Unfortunately the best job in Cambodia is working for a NGO and usually very little of that money helps the people need it the most.
Posted by cody_cassady on Tue, Jul 18, 2006 2:44 PM ET
9
put up an eternal gravestone...death does not discriminate...those who killed had their name written on it before their victims died.
Posted by lelavuy on Tue, Jul 18, 2006 2:45 PM ET
10
It has only been in the last couple of years that PM Hun Sen felt secure enough politically along with a more stable country behind him to proceed with the trials. While the international community and many Cambodians demanded justice he knew the time was not right. With the reconstuction of Camdodia's legal system finally taking shape long awaited justice can now hopefully be done. After decades of turmoil in Cambodia there is now a greater prospect that the country will hold together as in years past the Khmer Rouge threatened to sabotage it all.
Posted by aftet on Tue, Jul 18, 2006 2:47 PM ET

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  • BBC: Cambodia - includes a map, political history, and a timeline of key events.
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  • Wikipedia: Khmer Rouge - provides background of the group that ruled Cambodia from 1975 to 1979, and was responsible for the deaths of an estimated 1.7 million people.
  • BBC: Pol Pot - profile of the former leader of the Khmer Rouge.
  • Cambodian Genocide Program - provides documentation of the mass killings in Cambodia under the regime headed by Pol Pot.
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The Kevin Sites in the Hot Zone team dedicates this site to Marla Ruzicka, a fearless voice of compassion, who was killed in Iraq on April 16, 2005, while trying to lessen the suffering of others. For more information, see Civic Worldwide.