Contents

List of Photographs vi
Foreword by Roland Joffe vii
Acknowledgements xiii
List of Abbreviations and Acronyms xvi

Introduction 1

1 Rebirth of a Nation – and the Beginning of

the Long Struggle for Justice 8

2 Keeping Pol Pot in the UN Cambodia seat 24

3 The World’s First Genocide Trial 40

4 Sympathy for the Devil 52

5 Challenging the History of Forgetting 70

6 Peace without Justice 101

7 Waking up to Genocide 108

8 The Trauma of a Nation: Searching for Truth,
Justice and Reconciliation 134
9 Uneasy Partners 155

10 The Gangs of New York 189

11 Clinching Convictions – the Challenge for

the Prosecution 210

12 One More River to Cross 232

Annexe A Key Khmer Rouge personnel 254

Annexe B Recent Publications of particular importance 270

Notes 274
Bibliography 300
Index 311
 Introduction

Bringing the leaders of the Khmer Rouge to justice is the focus of this
book. These are some of the worst mass murderers of the twentieth
century who plunged their country into an unspeakable horror, often
termed the darkest period in Cambodia’s history. Over 25 per cent of
the population died under their rule between 1975 and 1979. Why, a
quarter of a century after the Pol Pot regime was ousted, has no one
stood in court to answer for these terrible crimes?
We trace in the first half of the book how the very governments that
so often speak the language of human rights shielded Pol Pot and his
lieutenants from prosecution during the 1980s, massively contributing
to impunity for crimes against the people of Cambodia.
Most governments ignored efforts inside Cambodia to document
and prosecute the crimes of Democratic Kampuchea, the official name
of the Pol Pot regime. For over a decade appeals from Cambodians
inside and outside the country for a Khmer Rouge tribunal fell on
deaf ears. The Khmer Rouge were aided and abetted, rebuilt as a
military force and accorded the right to sit in the United Nations as
the ‘legitimate representatives of the Cambodian people’.
Only after the Khmer Rouge no longer posed a political or military
threat did the United Nations, in 1997, come round to condemning
their crimes, following a request from the Cambodian government
for international assistance to bring the perpetrators to justice.
The final quarter of the twentieth century witnessed enormous
changes in the international political landscape. Moves towards
setting up a Khmer Rouge tribunal were but one strand among many
in the weaving of the new cloth of international humanitarian law
and justice.
Following the Second World War there had been a flurry of activity
in the name of ‘never again’. The Nuremberg and Tokyo tribunals were
intended to lay the groundwork for setting international safeguards to
prevent such horrendous crimes from ever being repeated. However,
they were also subject to the label of victor’s justice – no one on the
winning side was ever charged for war crimes, even for the utilisation
of weapons of mass destruction such as the atomic bomb, or for the
fire-bombing of civilian populations.
Post-war enthusiasm for a new world order led not only to the
founding of the United Nations, but also to an advance in the

1
2 Getting Away With Genocide?

codification of customary international humanitarian law. One result

of these deliberations was the adoption in 1948 of the Genocide
Convention. In the following year the Geneva Convention defined
and proscribed all manner of war crimes.
But that was where things stayed – on paper for almost half a
century – as both sides in the cold war played out their mutual
hostilities through proxy wars in the Third World. Although the
International Court of Justice (World Court) had the authority to try
disputes between states, it had no powers to enforce its rulings, and
no international court had jurisdiction over individual perpetrators.
The new conventions were simply ignored, each side holding a veto
power preventing the Security Council from bringing any country
on its side to account for crimes committed.
The collapse of the Soviet Union in 1989 ushered in a new era
of international intervention. With Russia anxious to establish its
new credentials in the halls of its former opponents, the western
powers were able to take action in the name of the United Nations
as long as they could secure the acquiescence of China. In 1993
the Security Council decided to establish the International Criminal
Tribunal for the Former Yugoslavia and in 1994 the International
Criminal Tribunal for Rwanda. Cambodia was still not on the map
of international justice. Any prospect of the UN Security Council
approving the same kind of international tribunal for Cambodia
always appeared doomed by the implacable opposition and veto
power of China.
Establishing ad hoc tribunals for every new violation of international
humanitarian law was clearly untenable as a long-term approach
to the problem and a new campaign was launched to establish a
permanent International Criminal Court. The International Criminal
Court had been envisaged even before the Second World War, but
had fallen by the wayside – a victim of cold-war suspicions. In the
1980s the concept was resurrected and years of detailed negotiations
resulted in the adoption of the Statute of Rome in 1998 outlining the
ICC’s structure and powers. In 2002 Cambodia, to its credit, became
one of the founding states and the International Criminal Court was
formally established in March 2003.
It was against this background of emerging possibilities for
international justice, and domestically amid the final stages of the
disintegration of the Khmer Rouge, that in June 1997 the Cambodian
government requested the United Nations to provide assistance in
 Introduction 3

finally holding accountable the senior Khmer Rouge leaders who

had masterminded massive human rights violations some 20 years
before.
It took a further six years for Cambodia and the United Nations to
agree on what should be done. The second half of this book recounts
the twists and turns along the road to passing a Cambodian law to
establish a tribunal in 2001 and reaching agreement with the United
Nations in 2003 on its role. These chapters cover many aspects of the
tussles between the UN Secretariat and Cambodia, which in reality
were more about politics than justice.
The Cambodian formula for a mixed tribunal was unprecedented
when first outlined in 1999. Both national and international
judges and prosecutors would try crimes under both national and
international law. This hybrid approach, sometimes termed ‘the
Cambodian model’, has since been used as the basis for the Special
Court for Sierra Leone, established in 2002, and in East Timor and
Kosovo, where international judges have been invited to sit on the
bench in the national courts.

THREE MAJOR CONTROVERSIES

At the outset the authors feel three controversial questions have to

be addressed:

1) How many people died as a result of the policies and practices

of the Khmer Rouge regime?
2) Was it genocide?
3) Why will the prosecution be limited to the period of the Pol Pot
regime (17 April 1975 – 6 January 1979)?1

The death toll 1975–79

During the three years, eight months and twenty days that the
Khmer Rouge held power it is estimated that around 2 million people
perished – over one quarter of the total population – from torture
and execution or from starvation and untreated illness.
The issue of the numbers who perished remains a matter of heated
debate. Serious estimates range from 740,000 to 3.314 million. Recent
studies seem to be converging, with historian Ben Kiernan estimating
1,671,000 and demographer Marek Sliwinski 1.8 million on the basis
of extrapolations from very different samples. New calculations based
on demographic reconstruction by Patrick Heuveline lead to a similar
4 Getting Away With Genocide?

picture. Working forward from the 1960 census and backwards from
the 1992 UNTAC electoral lists, Heuveline suggests a range of from
1.17 million to 3.42 million deaths in excess of what could have been
expected in the period. While the data gives a medium estimate of
2.52 million, Heuveline comes very close to Kiernan and Sliwinski
in his subjective estimation of ‘between 1.5 to 2 million’.2
While it may be argued that those holding power in a country
are responsible for all ‘excess deaths’ in the population under their
control, it is clear that the subjective intentions and actions of the
government are not always to blame, as objective and external factors
can play an even stronger part. What is far clearer, however, is the
direct responsibility of the authorities for executions, torture and
deliberate starvation.
Sliwinski estimates that of the overall deaths from 1975–79, 39.3
per cent resulted from execution and 36.3 per cent from famine, with
only 9.9 per cent from natural causes. Heuveline refers to ‘violent
mortality’, which he estimates at between 600,000 and 2.2 million,
with a central value of 1.1 million.3
Any trial of the Khmer Rouge would need to address the questions
of what crimes were committed and by whom. Overwhelming
evidence of horrendous crimes has been amassed over the past
two decades. The challenge for the prosecution will be to marshal
sufficient evidence to establish individual culpability for genocide,
crimes against humanity, war crimes, homicide, torture and religious
persecution. This challenge is explored in the penultimate chapter.

Was it genocide?
We have chosen in this book to use the term ‘genocide’ as a shorthand
for the large number of horrendous crimes committed by the Khmer
Rouge in Cambodia.
We are mindful of the fact that many scholars and legal experts
maintain that successful prosecution of the Khmer Rouge for the
crime of genocide might be difficult to achieve. Many of the atrocities
fall more readily under the rubric of other crimes, and the narrow
definition of genocide under the 1948 Genocide Convention will
present difficulties for the prosecution even on those acts that are
closest to the legal definition.
An extensive body of literature has been penned on the
interpretation of the definition of genocide in general, and on the
Cambodian case in particular,4 and we canvass the issues in more
detail in Chapter 11.
 Introduction 5

We decided to use the term genocide principally because in

Cambodia the crimes of the Khmer Rouge have been referred to
consistently since mid-1978 as genocide – by those who overthrew
the Khmer Rouge, by all subsequent governments and in common
parlance. Genocide was the only charge prosecuted by the 1979
People’s Revolutionary Tribunal (discussed in Chapter 3). Many
Cambodians have expressed their insistence that the Khmer Rouge
be tried for this ‘crime of crimes’, asserting that any other charge
would somehow diminish the offence.
Outside Cambodia, too, the term genocide has been used in many
journalistic and scholarly reports, and in political and legal campaigns
to seek judicial accountability by the Khmer Rouge for the crimes
they committed. In this sense, we speak of genocide in a generic or
sociological sense, fully aware of its legal constraints.

All or nothing? The contradictions of selective justice

Cambodia is a case study in double standards and the selectivity
of international humanitarian law. While the call for ‘an end to
impunity’ is shouted from the rooftops, political interests and global
power still determine who shall be prosecuted and when.
It was not politically convenient to prosecute the Khmer Rouge
during the 1980s. When finally in the late 1990s it became opportune
for previously opposing governments to move towards a trial, their
support was contingent upon limiting prosecution to the period of
Pol Pot control.
The New York Times fully understood the dilemmas of many
governments who feared that some part of their own dirty deeds
might be revealed by an open-ended tribunal. ‘All Security Council
members ... might spare themselves embarrassment by restricting the
scope of prosecution to those crimes committed inside Cambodia
during the four horrific years of Khmer Rouge rule.’5
In 1969 the US had unleashed a ferocious bombing of Cambodia
directed against Vietcong supply lines along the Ho Chi Minh trail,
passing through parts of Laos and Cambodia. Between 18 March 1969
and May 1970 a staggering 3,630 B-52 bombing raids were flown over
Cambodia. This intensive bombing campaign was directed against
neutral Cambodia in a clear violation of international law.
In a second assault in the final throes of the US war, B-52s pounded
Cambodia for 160 consecutive days in 1973, dropping more than
240,000 tons of bombs on rice fields, water buffalo and villages – 50
per cent more than the Allies dropped on Japan during the Second
6 Getting Away With Genocide?

World War. Hundreds of thousands of people were killed in the

holocaust of these two bombing campaigns.6
Setting up selective tribunals for some war criminals and genocidists
while letting off the hook others such as former US Secretary of
State Henry Kissinger, who masterminded the bombing of Cambodia,
clearly presents a legal and moral contradiction. Where is the
universality of international justice if it targets only Third World
leaders, and only those despots and generals who are not too closely
linked to western governments? Why are powerful western statesmen
and women who stand accused by many as culpable of war crimes
apparently immune from prosecution?
The International Criminal Court is intended to universalise
responsibility for crimes under international humanitarian law. But
the United States has refused to become a party to the ICC, and in
2003 undertook a campaign to pressurise other countries that are
members of the ICC to sign specific agreements under Article 98 to
exempt US personnel from possible prosecution under its powers.
Cambodia was one such small and weak state that was unable
to resist this pressure despite its expressed pride at being the only
southeast Asian country to be among the ICC’s founding states. In
June 2003, during a brief visit to Cambodia, US Secretary of State
Colin Powell convinced Prime Minister Hun Sen to support an Article
98 agreement. The agreement was later signed and then endorsed
by the Cambodian government on 3 October 2003 and sent to the
National Assembly for ratification.
While many reject the hypocrisy of such selective justice, a few
analysts go further and maintain that no tribunal is credible if it
does not address all the crimes committed in Cambodia – including
the bombing and other crimes against humanity. But any attempt
to extend the period available for prosecution beyond the Khmer
Rouge regime was a sure formula for preventing any tribunal taking
place at all. As a result of strong pressures exerted on the Cambodian
government, jurisdiction of the Khmer Rouge tribunal will be strictly
limited to the period between 17 April 1975 and 6 January 1979.
Only the Khmer Rouge will stand in the dock. Those whose
actions helped bring them to power pre-1975, succoured them
while in power and revived them post-1979 will be exempt from
prosecution. The tribunal has no mandate to judge whether or not
the US ‘secret’ bombing of Cambodia in the 1970s constituted war
crimes. The reasons for the temporal exclusions of US bombing, and
likewise the Chinese and others support for the Pol Pot regime, have
 Introduction 7

little to do with any principle of justice and everything to do with

international politics.
Outside the main framework of the established international legal
system, however, in recent years a number of individual initiatives
have been taken to launch prosecution cases for violations of
international law, such as against Henry Kissinger and the former
Chilean dictator Augusto Pinochet. While these legal actions have
so far been stymied by various means, they have served notice to the
perpetrators of monumental crimes that they can no longer assume
themselves to be safe from prosecution by virtue of their power. These
legal cases have also been accompanied by public campaigns to expose
and shame them and those who continue to give them comfort.
Back in Cambodia there is a growing sense of confidence that the
trial will at last be held. The long road since the overthrow of the
Khmer Rouge is tantalisingly close to its destination. Pol Pot cheated
justice with his death in 1998. The authors hope that in spite of
all the pressures and obstacles, the Cambodian people will not be
cheated again and that all Pol Pot’s chief co-conspirators will soon
face their day in court.
We write this book in memory of all those who died at the hands
of the murderous regime of the Khmer Rouge and for those who
rebuilt the country afterwards. For all the survivors we hope that this
long-delayed tribunal may bring answers to their angst, the justice
they have long been seeking and, above all, peace of mind.
 Index
Note Cambodian names are listed under first name, eg. Hun Sen not Sen, Hun
7 January 1979, 9, 10, 12, 14
17 April 1975, 13, 219
20 May, Day of Maintaining Rage,
73, 74
Abrams, Jason, 110–13
accountability, 5, 36, 40, 147
Adams, Brad, 153
Adhoc, 146, 151
Afro–Asian People’s Solidarity
Organisation
participation in PRT, 43
Agreement between Cambodia and
UN on Khmer Rouge trials,
ratification of, 209
signing ceremony, 8, 205
see also negotiations
aid, humanitarian
distribution to KR, 39, 54, 64
to ‘non-communist’ forces, 68
to PRK, 17–18, 66
to PRK, blocking of, 19, 33, 63–66
Akashi, Yasushi
reluctance to visit Tuol Sleng, 102
attempts to cut Thai support for
KR, 105
Akhavan, Payam, 192
Algeria
participation in PRT, 43
Alliance of Democrats, 207
Allman, T.D., 83, 280, 283
Amer, Ramses, 33, 39, 278
American Friends Service
Committee, 75, 109
amnesty, 161, 172
definition of, 229
in negotiations, 231
status of in EC, 228
Amnesty International, 43, 70, 113,
on EC, 131, 148, 149, 155, 168,
196–7, 204, 292
on UN withdrawal, 236
Anlong Veng, 104, 115, 119, 120,
132, 134, 263, 264, 286
311
Annan, Kofi, 162, 133, 201
letter to Hun Sen, Dec 2002, 198
letter to Hun Sen, Feb 2000, 169
meeting with Sok An, Jan 2003,
199
report to UNGA, March 2003,
203
on resuming negotiations, 190,
193
Aranyaprathet, Thailand, 121
Arsa Sarasin, 80
Armée Nationale Sihanoukiste,
control over refugee camps, 38,
68
Asean
7th Summit in Phnom Penh,
2002, 200
and Sihanouk, 67
at the 1989 Paris Peace
Conference, 88
calls for Vietnamese withdrawal,
19, 33, 52
Cambodia’s membership, 119
support for resuming
negotiations, 234
Ashley, David, 124, 289
Asia Watch, 68
Asian Christian Council
participation in PRT, 43
Asian Wall Street Journal, 97, 284
Asiaweek, 10
Atkins, Chester
US congressperson supporting
KRT, 86
Australia
assistance to Task Force, 162
de-recognition of DK, 32
Hayden initiative, 1986, 77
on case to ICJ, 81
support for resuming
negotiations, 234
Australia Department of Foreign
Affairs, 77
312 Getting Away With Genocide?
Australia–Kampuchea Solidarity
Committee, 75
Australian peace proposal, 91
Baker, James, 90, 92
Bangkok Post, 82, 123, 204, 283,
287, 293
Battambang, 10, 11, 21, 133, 143,
150, 167, 169, 260, 269
Becker, Elizabeth
article in New York Times, 197
Benson Samay, 165
Bhagat Vats
participation in PRT, 43
Boeung Trabek camp, 152
Boua Chanthou, 109
Boudhiba Report, 35, 36
Brady, Christopher, 61
Bridges, Stephen, UK ambassador to
Cambodia, 116
Brown, Roger, 64
Brzezinski, Zbigniew, 61
Bulgaria, 28
Bush, George W., 184
Bush, George,
as potential defence witness, 165
Butler, William, chairman of
American Association of ICJ,
71
Cambodia Daily, 151
Cambodia–UN negotiations, see
negotiations
Cambodian Defenders Project, 248
Cambodian Documentation
Commission, 36, 53, 72, 77
Cambodian Freedom Fighters, 179
Cambodian Genocide Justice Act
(US), 1994, 108, 224
Cambodian Genocide Program, 110
documentation, 70, 73, 145, 214,
224, 274, 285
human rights training in Phnom
Penh, 1995–6, 111
mapping of genocide sites,
111–3, 216–8
Cambodian Genocide Project, 71,
72, 192
Cambodian Government Task Force
on Khmer Rouge trials, 44, 162,
169, 199, 208, 209, 234, 252
assistance to, 192
formation of, 159
Cambodian Human Rights Action
Committee, 149, 168
Cambodian People’s Party
offers KR for defection, 117
differing views on EC, 154, 239
Cambodian request to UN for
assistance in setting up KRT, 2
campaign to bring KR to justice, see
tribunal, campaign for
Campaign to Oppose the Return of
the Khmer Rouge (CORKR),
72, 109
campaign to support DK after 1979,
21–39, 53, 66, 68, 76, 77, 101
Camus, Albert, 49
Canada, 88
support for resuming
negotiations, 234
Cao Dai church
destruction of, 13
CARE, 70
Carney, Timothy, 62, 221
Carter, Jimmy,
as potential defence witness, 165
and China, 61
and KR, 60
Carter, Rosalynn, 54
Cassessi, Antonio
and KRT, 158
Catholic cathedral
destruction of, 13
Center for Social Development, 10,
168, 186, 191
public forums 2000, 143
Central African Empire
seat in UN, 31
Chaiwat Maungnol, Colonel, Thai
military officer, 103
Chaktomuk Theatre, 8, 44, 205,
220, 232
Cham Muslims
genocide of, 71
Chan Ven, 16, 17, 21, 22
Chandler, David, 76

Charan Kulavanijaya, General,
chairman of Thai National
Security Council, 105
Chatichai Choonhavan, prime
minister of Thailand, 84, 85,
87, 97
Chau Doc, Vietnam, 227
Chea Sim, 16, 151
Chea Sophara, 74, 140
Chea Vannath, 10, 163, 186, 191
on EC, 237
Cheysson, Claude
visit to Phnom Penh, 83
Chhouk Rin, 166, 167, 194, 212
Chhum Mey, 145, 245, 251, 253
Chhuor Leang Huot,
in PRT, 41, 42
Chim Chendara, 42
China
aid to DK, 48, 60
aid to KR, military, 53, 56, 58, 78
and Sihanouk, 26, 67, 83
and US, 27
blocking tentative peace
initiatives, 84
calls for Vietnamese withdrawal,
19, 24, 26
Cultural Revolution, 94
disengagement from Khmer
Rouge, 105
normalised relations with US, 25
on KRT and EC, 122, 123, 155,
157, 178, 196, 198, 234,
rapprochement with
Government of Cambodia, 177
seat at UN, 31
support for CGDK, 56, 66, 67
support for DK in UN seat, 31, 37
support for KR in Paris Peace
Agreements, 100
support for KR in Paris Peace
Conference, 89
on resumption of negotiations,
196, 198
Choeung Ek, killing field, 9, 71, 74,
111, 113, 171, 202, 216, 217
Choubine, Valentine
Kampuchea, the people’s verdict, 50
participation in PRT, 50
Index 313
Church World Service, 70, 109
CIA, and CGDK, 67, 69
and KR, 55, 60
and Pol Pot, 87, 98, 121
CIDSE, 75
civil law, 44, 47, 129, 210, 212, 213
Clarapora, Gabriel
participation in PRT, 43
Cline, Ray, 62
Clinton, Bill
attempt to impeach, 173
policy to capture Pol Pot, 120,
121
signed Cambodian Genocide
Justice Act, 1994, 110
Coalition Government of
Democratic Kampuchea
(CGDK)
formation of 66–9
misnomer, 67
support for, 33, 66–7
Columbia University, 72
Committee to Oppose the Return
of the Khmer Rouge (CORKR),
104
common law, 47, 213
Communist Party of Kampuchea
(CPK), 16, 72, 131, 219, 220,
221, 254, 261, 265, 268
Central Committee, 245, 258,
261–4, 269
Standing Committee, 72, 120,
151, 250, 257–67
Conference of Intellectuals and
Religious People, Phnom Penh
1983, 73
Conference to mark 40th
anniversary of Genocide
Convention, Phnom Penh
1988, 82
Congid, Robert
participation in PRT, 43
Congo, 28
Constitutional Council, 182, 231
co-investigating judges see
Extraordinary Chambers
co-prosecutors see Extraordinary
Chambers
314 Getting Away With Genocide?
Corell, Hans,
and OLA control of negotiations,
156
and UN withdrawal from
negotiations, 189, 232
on Draft Law, 163–4, 174, 182,
185
on delays in negotiations, 183
leading UN delegations, 170, 176
letter to Sok An criticizing the
Draft Law, 181
resistance to discussing a
resumption of talks, 193
speech after initialling Draft
Agreement, 202
speech at signing ceremony, 8,
205
corruption, in Cambodian courts,
126, 147–50
Council of Ministers
approves Agreement, 206
approves Draft Law, 164
crimes against humanity
as crimes in EC, 225
nexus to armed conflict, 226
Cuba, 9, 18, 43, 279
participation in PRT, 43
cultural property
crimes against in EC, 227
customary international law
as crimes in EC, 225
Daniel Boone operations, 62
Danois, Jacques, Unicef official, 30,
278
death toll, 3, 14, 73, 270
Decree Law No.1, 41–3, 222, 279
Democratic Front of Khmer
Students and Intellectuals, 178
Democratic Kampuchea crimes
against cultural property, 227
documentation of, 9, 36, 49, 70,
82, 108, 213
forensic analysis, 113
Genocide, see Genocide
historiography, 146
mass graves, 111
psychological trauma, 140
war crimes, 227
witnesses, 215
see also Khmer Rouge
Democratic Kampuchea People’s
Representative Assembly, 220
Deng Xiaoping, 55
Dith Munty, 40, 41, 45, 144, 249
Dith Pran, 85
Documentation Center of
Cambodia (DC–Cam), 73, 145
documentation, 212–17, 272
mapping of genocide sites,
111–13, 216
Doi Moi (renovation), 85
Dornan, Bob
US congressperson supporting
KRT, 86
Draft Law, see Law on the
Extraordinary Chambers
Duch, 145, 214, 251, 271
arrest, 1999, 132, 266
Dunlop, Nic, British photographer,
133
East Timor, 241
invasion by Indonesia, 31
East Timor Special Court, 3
Eckhard, Fred, 194
education
reconstruction of, 1979, 17
elections
1962, 263
1966, 263
1976, 220
1993, 93, 100, 104–8
2003, 138, 149–51, 205–8
Eiland, Michael, 61, 62, 99
Ester, Helen, 76
Etcheson, Craig, 110, 111, 151, 152,
153, 193, 217, 286, 289, 291,
296
on EC, 239
European Parliament
call for international tribunal,
February 2000, 170
Evans, Gareth, Australian Foreign
Minister, 91
Extraordinary Chambers
budget, 209

co-investigating judges, 163, 165,
176, 203, 240
co-prosecutors, 160–4, 172–6,
203, 240, 266
decision-making (super-majority),
162, 164, 173, 176
personal jurisdiction, 150, 218,
227, Annexe A passim
pre-trial chamber, 163, 176
procedure, 129, 160, 164, 185,
192, 212–13, 221, 248
structure, 127, 158, 162–4, 171–6,
198–203, 240, 257–9, 261–7
substantive law (subject
jurisdiction), 221–8
temporal jurisdiction, 6, 165, 219
Far Eastern Economic Review, 10
Fatchett, Derek, 115–16
Fawthrop, Tom, 34, 54, 55, 89, 92,
96, 99, 102, 103, 116, 118, 167,
245, 256, 258
Federation of American Scientists,
109
Fère-en-Tardenois meeting, 1987, 84
floods in 2000, 177
France
assistance to Task Force, 162
foreigners seeking protection by,
1975, 228
definition of genocide, 160
Penal Code of 1992, 160
support for resuming
negotiations, 234
Fu Zue Zhang
Chinese ambassador in Thailand,
59
Funcinpec, 22, 87, 123, 146, 147,
151, 207
1997 fighting, 117–19
Galabru, Jean-Jacques, 83
General Assembly. see United
Nations General Assembly
Geneva Accords, 1954, 16
Geneva Conventions, 2
as crimes in EC, 226–7
Geng Biao, 56
genocide
as crime in EC, 222
Index 315
definition of, 4, 160, 223, 224
denial of, 91
Genocide Convention, 2, 4, 29,
35–7, 40–51, 71–100, 114, 130,
136, 160, 163, 222–5
applicability during UNTAC, 102
Article 6, 132, 160
Article 8, 81
Article 9, 78
Cambodian accession to, 1950,
102
first invoked in Cambodia 1979,
232
ignored in Paris Peace
Agreements, 103
United States ratification with
reservations, 1986, 80
Genocide Studies Program, Yale
University, 71, 285
Genocide Watch, 72
Germany
support for resuming
negotiations, 234
glasnost, 85
Gorbachev, Mikhail, 85
Gottesman, Evan, 276
Gour, Claude, 159
Grenada
seat in UN, 31
Group of Experts, 124, 233
report, 124–30, 221, 224–6, 270
response by Cambodia, 130–2
Group of Interested States, 195, 200
guarantees for the arrest and
surrender of indictees, 169
Guardian, 68
Guinea, on Cambodian seat at UN,
26
Ha Van Lau, Ambassador of
Vietnam to UN, 49
Hague Convention for the
Protection of Cultural Property
during Armed Conflict, 1954,
227
Haig, Alexander, US secretary of
state
at International Conference on
Kampuchea, 63
316 Getting Away With Genocide?
Haing Ngor, 85, 86, 87, 102, 109,
284
Hammarberg, Thomas, UN Special
Representative for Human
Rights in Cambodia
and negotiations, 113, 135, 155
on impunity, 147
raising Khmer Rouge issue at
UNHCHR, 1997, 117
Han Nianlong, 56
Hannum, Hurst, 72, 81
Harish Chandola, 10
Hatfield, Mark
US senator supporting KRT, 85
Hawk, David, 36, 53, 70, 72, 77, 79,
81, 106, 113
Hawke, Bob, 79, 81
countermanding Hayden
initiative, 79
Hayden Bill, Australian foreign
minister, 77, 78, 79, 81, 85
Heder, Steve, 152, 197, 268, 269, 271
Heng Samrin, 8, 16, 37, 51, 180
Cambodia’s seat at the UN, 29
Herod, Bill, 64
Herrel, Karsten, Coordinator for UN
Assistance to the Khmer Rouge
trials (UNAKRT), 208
visit to Phnom Penh December
2003, 209
Hesburgh, Theodore, President of
Notre Dame University, 30
Heuveline, Patrick, 3
Him Huy, 214
Hisashi Owada, Japanese diplomat,
193
Hitchens, Christopher, 274
Hitler, Adolf, 28, 30, 34
Ho Sok, 147
Hochmann, Steve, 60, 61
Holdridge, John, US assistant
secretary of state, 63
homicide, 222
Hor Namhong, 130, 132, 137, 151,
152
Hotel Le Royal, 13
Houn Hourth
kidnap and excecution by KR,
115
Howard, Jim, 20, 65
Howes, Christopher
kidnap and excecution by KR,
115
Hu Nim, 220, 260
Hua Guofeng, 55
Human Rights Watch, 131, 157,
168, 191, 237
on EC, 168, 191, 197, 204, 236–8
Human Rights Watch Asia, on EC,
148, 153
humanitarian intervention, 25, 53
Hun Sen, 14, 16, 119
allegation of committing crimes,
152
allegation of delaying EC, 233
allegation of manipulating EC,
240
and armed conflict in 1997, 119
and Paris Peace Conference, 89
attempts to hold talks with
Sihanouk, 82
characterisation as a senior KR
leader, 151
critique of Chinese support for
KR, 90
efforts to keep the KR out of the
Peace Settlement, 86
interview by Helen Jarvis, 136
initiative for peace and national
reconciliation, 1987, 84
invitation to Thailand, 1988, 84
joining KR-dominated maquis,
152
letter to Kofi Annan requesting
UN help, 82, 117
letter to Kofi Annan, February
2000, 169
letter to Kofi Annan, September
1999, 162
meeting with Derek Fatchett,
115
meeting with Bill Hayden, 77
meeting with Kofi Annan,
Bangkok, February 2000, 170
meeting with Sihanouk, 1987,
83–4
on EC and negotiations with UN,
130, 180, 193, 240

on extending EC jurisdiction, 175
on Paris Peace Agreements, 100
on UN and KR, 131, 170, 175
reception of Khieu Samphan and
Nuon Chea, 135–6, 230
refusal to be seated with DK
representatives at peace talks,
90
speaker at CGP conference in
Phnom Penh, 1995, 111
US Congressional opposition to,
149–50
Hurd, Douglas, UK Foreign
Secretary, 34
hybrid tribunal, see mixed tribunal
ICC, see International Criminal
Court
ICTR, see International Criminal
Tribunal for Rwanda
ICTY, see International Criminal
Tribunal for the Former
Yugoslavia
Ieng Sary, 29, 35, 37, 52, 65, 152,
219, 265
and US, 60, 63
and peace talks, 86, 98
at International Conference on
Kampuchea, 63
as KR link to China, 55–9, 105
current lifestyle, 137, 252
defendant at PRT, 1979, 41–51,
102
denial of crimes, 250
defection 1996, 117, 136–8
pardon for 1979 conviction for
genocide, 137–8, 161, 172–3,
191, 228–31, 262, 229
role in DK, 140, 259–62, 271, 272
Ieng Thirith, 55, 220, 262, 266
Im Sethy, 10, 11, 19, 21, 22, 135,
146, 275, 287
impunity, culture of, 39
in absentia trials, 37, 44, 47, 167,
172, 231, 254, 262
India, 29, 33
and Cambodian seat at the UN,
32, 88, 94
assistance to Task Force, 162
Index 317
participation in PRT, 43
recognition of PRK, 66, 76
individual culpability, 228
Indonesia
on ICJ case against DK, 80–1
intellectuals
and reconstruction, 16, 20
under Democratic Kampuchea,
18
Inter-governmental Maritime
Consultative Organization
DK representation at, 38
international armed conflict, nexus
to, 227
International Civil Aviation
Organization
DK representation at, 38
International Commission of
Jurists, 43, 71, 239
International Committee of the Red
Cross (ICRC), 35, 66, 67
International Conference on
Kampuchea, New York 1981,
63
International Control Commission,
50, 88
International Court of Justice, 2,
70, 88
attempt to bring case against DK,
72, 77–82
International Covenant on Civil
and Political Rights (ICCPR),
158, 201
International Criminal Tribunal for
the Former Yugoslavia (ICTY),
2, 225, 236
International Criminal Court (ICC),
2, 6, 50, 122, 157, 178, 207,
225, 226, 241
Article 98 exemption of US
personnel, 6, 207, 241
international criminal tribunal for
Cambodia
Group of Experts’ endorsement
of, 128
International Criminal Tribunal for
Rwanda (ICTR), 2, 225, 236,
294, 295
318 Getting Away With Genocide?
International Criminal Tribunal for
the Former Yugoslavia (ICTY),
225, 236
international criminal tribunals,
114, 157, 159, 218
international standards of justice,
130, 150, 155, 157, 164, 168,
191, 201, 234
international NGOs
and aid to PRK, 18
and campaign for KRT, 74
on aid distribution, 33
International Seminar on the
Genocide Phenomena, Phnom
Penh 1989, 88
internationally protected persons
crimes against, 228
Interpol, 35, 60, 87
Irish Times, 34
Jackson, Sir Robert, 34, 37, 39, 52,
64
Jakarta International Meetings
(JIM), 86, 93
Japan
participation in PRT, 43
support for resuming
negotiations, 234
Jarvis, Helen, 104, 111, 290, 292
Jendrzejczyk, Mike, 191
Jennar, Raoul, 75, 102, 275, 289
Jhu Bangzao, Chinese spokesman,
178
Jiang Zemin
visit to Phnom Penh, 177, 179
judicial system
reconstruction of, 18
Ka Sunbaunat, 143
Kaing Khek Iev. see Duch
Kampong Cham, 217
Kampong Som, see Sihanoukville
Kampot hostage incident, 166
Kampuchea Emergency Group
(KEG), 62, 67
Kampuchea newspaper, 44
Kang Chap, 265
Kao Kim Hourn, 139
Kassie Neou, 85
Ke Pauk, 86, 120, 249, 256, 259,
260, 265, 272
and Pol Pot capture, 122
death, February 2002, 190
Keat Chhon, 26, 152, 277
Keizo Obuchi, Japanese prime
minister, 165
Kek Galabru, 83
Keo Chenda, 16, 40, 42, 43, 44, 45
Kep Chuktema, 74
Kerry, John, 162
and negotiations, 174, 179, 184
meeting with Hun Sen April
1999, 155
Khek Penn, 220
Khieu Ponnary, 266
Khieu Samphan, 58, 65
and peace talks, 86, 87, 89, 91,
95, 97
attack on, Phnom Penh 1991,
101
defection of, 134–8, 230
denial of crimes, 145, 248, 250–2
diplomatic role 1979–93, 62, 69
role in DK, 42, 101, 219, 220,
258, 261, 262–4, 272
support of, 136
Khieu Thirith, 266
Khmer Institute of Democracy, 234
Khmer People’s National Liberation
Front (KPNLF), 68
Khmer Republic
seat at UN, 30
Khmer Rouge
arrests of, 166, 167
attack on UN peacekeepers, 105
civilian hostages, 10
control of refugee camps, 38
dominant role in CGDK, 69
end of insurgency, 1998, 138
likely defendants, see Annexe A
train ambush, 1990, 92
train ambush 1994, 166, 194
welcome of UN withdrawal, 235
see also Democratic Kampuchea
Khmer Rouge Law, see Law on
the Establishment of the
Extraordinary Chambers

Kiernan, Ben,
documentation of DK crimes, 76,
104, 109, 110, 219, 220, 270
on death toll, 3, 14,
visit to Phnom Penh 1980, 70, 71
Killing Fields movie, 80
Kim Bophana, 121
Kinnock, Neil, 68
Kirby, Michael, UN Special
Representative for Human
Rights in Cambodia, 108
Kissinger, Henry, 130
and Chile, 243–4
and East Timor, 243–4
and EC, 246
and US bombing, 6, 63, 165,
243–6
possible defence witness, 165
legal actions against, 7
Koh, Tommy, Singapore
Ambassador to UN, 29
Kok Sros, 214
Kong, KR colonel, 115
Kong Sam-Ol, 19, 22
Kong Vibol, 152
Kosovo Special Court, 3
Khmer People’s National Liberation
Front (KPNLF), 67, 68, 69, 89
control over refugee camps, 38
Kraisak Choonhavan, Thai senator,
87
Kriangsak Chomanand, prime
minister of Thailand, 53, 56
Khmer Rouge trials see
Extraordinary Chambers and
tribunal
Kry Beng Hong, 20, 22
Lakhon Mehrotra, UN Special
Representative of the Secretary-
General on Cambodia, 170
Lamberton, David, US State Dept.
Official, 80
landmines, 68, 115
Lane, Dennison, US Colonel, 62
Lao Mong Hay, 234
Laos
attacks on by DK, 227
participation in PRT, 43
Index 319
Law on the Establishment of the
Extraordinary Chambers, 150,
240
adoption of, 180
amendment to, 184
approved by Council of
Ministers, 164
first Cambodian draft, 159–60
first UN draft, 158, 160–1
reviewed by Constitutional
Council, 182–4
Law to Outlaw the Democratic
Kampuchea Group, 1994, 230
Le Duc Tho, 85
Leach, Jim, US congressman
supporting KRT, 86
Lee Kwan Yew
on Chinese aid to KR, 178
Leuprecht, Peter, UN Special
Representative for Human
Rights in Cambodia,
on EC, 131, 190, 235, 239, 247
LeVine, Peg, 142, 288
Lon Nol, 18, 21, 22, 25, 30, 67, 83
Lopburi, Thailand, 59
Lor Chandara, Deputy Director of
Tuol Sleng Museum, 118
Mai Lam, Vietnamese curator, 9, 41
majority of international judges,
169
Manh Sophan, 168, 180
Maryknoll Fathers, 109
Mason, Linda, 64, 281
mass graves, 9, 70, 72, 217
Mat Ly
in PRT, 42
Matthews, Verghese, Singapore
ambassador to Cambodia, 183
McConnell, Mitch, US
congressman,149, 206
McGrath, Rae, 68, 282
McGrew, Laura, 140, 143, 151, 288
McNamara, Dennis, head of UNTAC
human rights, 102
Meas Muth, 268, 269
media, Western, 10, 18, 24, 47
memorials to KR victims, 70, 73,
112, 217, 227
320 Getting Away With Genocide?
mental health services, 142
Milosevic, Slobodan
trial of, 236
Min Khin, 41, 42, 49
documentation of DK crimes, 72
in PRT, 41
Mines Advisory Group (MAG), 68,
115
ministries
re-establishment of, 18
mixed tribunal, 3, 49, 133, 148, 155,
156, 157, 158, 163, 168, 181,
187, 196, 236, 237, 238, 248
Group of Experts rejection of,
128
Moeun Chhea Nariddh, 135
Mok Sakun, 16
Munro, David, 76, 109
My Samedy, 19, 20, 21, 22, 277
Myrie, Clive, 152
Mysliwiec, Eva, Punishing the poor,
75
National Army of Democratic
Kampuchea (NADK), 68
National Assembly, 22, 73, 108,
128,
and Law on EC, 162–8, 171, 174,
176, 177, 180, 181–5, 263, 293
and pardon to Ieng Sary, 1996,
230
ratification of Agreement, 5, 206,
252, 209
swearing in 2003, 208
National Bank of Cambodia
destruction of, 13
National Library of Cambodia
damage to, 13
Nayan Chanda, 10, 97, 277
negotiations between Cambodia
and UN, 8, 137, 155–209
passim
1st round, Sep 1999, 159
2nd round, Mar 2000, 170
3rd round, Jul 2000, 176
4th round, Jan 2003, 198
cross-cultural misunderstandings
in, 177, 234
delays in, 177
diplomatic failures in, 158
request for UN help with, 117
UN withdrawal from, 189–94,
201
UN return to, 194–206
New Republic, 36, 276
New Statesman, 76
New York Times, 5, 122, 151, 158,
197
nexus to armed conflict, 225, 227
Nga–Sgaam Pass, Thailand, 132
NGO Forum on Cambodia, 75
Nguyen Co Thach, Vietnamese
foreign minister, 77
Nguyen Van Linh, Vietnamese
Communist Party chief, 85
Nhek Bun Chhay, 116, 123, 286
Nhem Eng, 58, 93, 121, 214, 286
Nhim Ros, 220, 260
Nicaraguan Contras
analogy with Cambodia, 67
Nixon, Richard, US President, 109,
130, 165, 245
Non-Aligned Movement, 26, 32
Havana 1979, 29
non bis in idem, 161
‘Non-Paper’ on Cambodian Draft
Law, 164
Norodom Ranariddh
and armed conflict in 1997, 119
letter to Kofi Annan requesting
UN help, 82, 117
speaker at CGP conference in
Phnom Penh, 1995, 111
Norodom Sihanouk
1970 coup against, 109
on Chinese and US support for
KR, 54, 82
and KR, 26, 65, 67, 219, 220
and Cambodia’s seat at the UN,
25–7
and Paris Peace Conference, 89
appeal to join KR-dominated
maquis, 152
call for uprising against PRK, 91
exile in Beijing, 25
first meeting with Hun Sen, 1987,
83–4

founder of Non-Aligned
Movement, 26
on UNTAC and KR, 106
Open letter to Member States of
the UN, 28
policy of neutrality, 244
Prisonnier des Khmer Rouges, 277
role in DK, 26, 219
Nou Beng, 16
Nou Leakhena, 141, 142
Nuon Chea, 42, 57, 86, 87, 119,
220, 252
defection of, 1998, 134–8, 230
denial of crimes, 210, 248–51
role in DK, 257, 258, 259, 260–1,
263, 271, 272
Nuon Paet, 166, 167, 194, 290
Nuremberg Military Tribunal, 1, 50,
51, 128, 158, 215, 225
Ok Serei Sopheak, 67, 282
Om Yentieng, 182, 289
Open Society Institute, 192
Ouch Borith, 158, 195
Oxfam, 19, 35, 66, 109
aid to PRK, 65
Poverty of Diplomacy, 75
Punishing the Poor, 64
Pacine Bangouna
participation in PRT, 43
Pailin, 138, 210
capture by KR, 1989, 91
KR exploitation of, 104–5
Panama
seat in UN, 31
pardon
definition of, 229
see also Ieng Sary, pardon
Paris Peace Agreements, 27, 98, 100,
101, 102, 103, 116
Paris Peace Conference, 1989, 88–90
Pattaya, 94–5
peace process, beginnings, 84
Pedlar, John, 75
Pen Sovann, 16
Penal Code of Cambodia, 1956
as crimes in EC, 222
Penn Nouth, 219
Index 321
People’s Republic of Kampuchea,
13, 14, 19, 20
formation of, 25
policy on KR judicial
accountability, 40
recognition, 66, 75
People’s Revolutionary Council of
Kampuchea, 16, 40
People’s Revolutionary Tribunal
(PRT), 5, 8, 40–51, 102, 222
charges of Chinese instigation of
DK crimes, 46
conviction and sentence of Pol
Pot and Ieng Sary, 47
court records sent to UN, 37, 49
documents collected by CGP, 111
pardon to Ieng Sary, 137–8, 161,
172, 191, 228–31, 262, 229
participants in, 43
possible use of testimony in EC,
216
validity of, 47–51, 102
Phnom Penh
evacuation of, 12, 13
reconstruction of, 1979, 12–16
Phnom Penh Post, 88, 233
Phnom Voar, 166, 167
Phu Noi, Thailand, 115
Phuan Phy, KR major, 115
Pilger, John, 76, 109
Pinochet, Augusto, 224
legal actions against, 7
Poipet, 11
Pol Pot,
and EC, 260
death of, 122
presence at Pattaya talks, 97
role in DK, 220, Annexe A
trial of by KR, 1997, 119
visit to China, 254
see also Democratic Kampuchea
Crimes and People’s
Revolutionary Tribunal
Pollanen, Michael S., 217
Powell, Colin, US Secretary of State,
6, 207
Prasong Soonsiri, 61
Preah Vihear
capture by Khmer Rouge, 1993,
107
322 Getting Away With Genocide?
pre-trial chamber, 163, 176
Prum Sokha, 21, 22, 276, 277
Pung Peng Cheng, 83
Quang Quyen, Vietnamese forensic
specialist, 113, 217
Quigley, John, 40, 45, 47, 50
Quinn, Kenneth, US ambassador to
Cambodia, 98, 153, 184
Radio Free Asia, 153
Rajagopal, Balakrishnan
proposal for a mixed tribunal,
156, 191
Rajsoomer Lallah, Judge, 124
Ranariddh, Norodom, see Norodom
Ranariddh
Ratner, Steven R., 110, 124
Reagan, Ronald, US president, 62,
70, 63, 80, 82, 86
as possible defence witness in EC,
165
Rees, Phil, 210
refugee camps, 59
and KR control of, 33, 35, 38, 67
repatriation, 107
relationship between Law and
Agreement, 171
religious persecution, 4, 15, 50,
221–4
Research Committee into the
Crimes of the Pol Pot Regime,
72, 73
retroactivity, 160
Ridge, Tom, US congressperson
supporting KRT, 86
riots, anti-Thai, Jan 2003, 200
Rithy Panh, 250
Robb, Charles, US senator
supporting KRT, 110
Robert Rosenstock, US delegate to
UN, 29–30
Robinson, Mary, UN High
Commissioner for Human
Rights, 118
Rohrabacher, Dana, US
Congressman, 152
Roos, General Klaas Van, head of
UNTAC’s police, 104
Ros Nhim, 265
Rosenblatt, Lionel, 62
Royal Government of the National
Union of Kampuchea
(GRUNK), 219
Rules of Procedure and Evidence,
see Extraordinary Chambers,
procedure
Russia
assistance to Task Force, 162
S-21, 9, 41, 78, 95, 101, 132, 142,
145, 216, 249, 250, 251, 259,
260, 266–9, 271–2
photographs, 111
prison records, 70, 111, 212, 214
survivors, 145, 251, 253, 244, 245
see also Tuol Sleng Genocide
Museum
Sa Kaeo, Thailand, 35
Saaphan Hin, Thailand, 92, 94, 95
Salvation Front
and formation of PRK, 13
composition of, 16
documentation of DK crimes, 72,
173
on post-DK population
movement, 12
founding document of, 40
petitions to UN, 73, 88
policy on judicial accountability
of KR, 42, 139
Sam Bith, 166, 167, 194, 261
Sam Rainsy, 119, 138, 150, 151,
153, 168, 206, 208, 284, 290,
293
on EC, 233
Sanderson, John, General,
commander of UNTAC peace-
keeping forces, 102
Schabas, William A., 161, 224, 274,
290, 294
Scheffer, David,
and negotiations, 162, 174, 184,
286, 292, 296
article in New York Times, 197
draft resolution to Security
Council, 121
on UN withdrawal, 235

schools
re-opening of, 1979, 17
Schultz, George, US Secretary of
State, 82
Searching for the Truth, 112, 145
Security Council, see United
Nations Security Council
Shawcross, William, 274, 276
Siddhi Savetsila, Thai foreign
minister, 85
Sihanouk, Norodom, see Norodom
Sihanouk
Sihanoukist National Army, see
Armée Nationale Sihanoukiste
Sihanoukville, 20, 143, 169
Singapore
support for CGDK, 66
Sisophon, 11
Sliwinski, Marek, 3, 274
So Phim, 220, 259, 260, 265
Sok An,
and negotiations, 8, 51, 159, 162,
166, 180, 187, 189, 198, 234
attendance at PRT, 44
letter to Hans Corell January
2002, 186, 201
letter to Hans Corell, November
2001, 185
letter to UN on amnesty, March
2000, 231
meeting with Kofi Annan,
January 2003, 199
press conference on UN
withdrawal, 190
speech after initialling Draft
Agreement, 202
speech introducing Draft Law to
National Assembly, 180
speech to Stockholm Forum,
April 2002, 192
Solarz, Stephen, US congressperson
supporting KRT, 85, 91
solidarity campaigns, 75
Solidarity Organisation of the
People of Asia, Africa and Latin
America
participation in PRT, 43
Index 323
Solomon, Richard, US Deputy
Assistant Secretary of State, 87,
98, 284
Son Sann, 38, 67, 68, 89, 280
Son Sen, 58, 86, 96
and peace talks, 95, 97,
attack on, Phnom Penh 1991,
101
murder of, 119, 257
role in DK, 101, 219, 220, 249,
259, 260, 265, 266, 268, 271
Son Soubert, 119
Soto, Alvaro de, UN Assistant
Secretary General for Political
Affairs, 158
Sou Met, 268, 269
Soviet Union, 2, 31, 61
aid to PRK, 9,18, 53, 76, 85
and peace talks, 91, 98, 100
and US, 61
end of military and economic aid
to Cambodia, 85, 98, 100
human rights violations, 71, 272
participation in PRT, 43, 44
opposition to UNHCHR
investigation of KR human
rights violations, 1979, 35
veto of China’s motion on
Vietnamese withdrawal, 27
Special Court for Sierra Leone
(SLSC), 3, 218
Stalin, Joseph 71
Stanton, Gregory H.,
and ICTR, 294
and US plan to capture Pol Pot,
286–7
assistance to Task Force, 192
visit to Phnom Penh 1980, 70–1
case against KR to ICJ, 77–9,
109–10
on aid to PRK, 281
on PRT, 280
on mixed tribunal, 156, 237, 239
on genocide, 224
article in Bangkok Post, 204
Starr, Kenneth, US Independent
Prosecutor, 173
statute of limitations, 222
324 Getting Away With Genocide?
Stephen, Sir Ninian, Chairman of
Group of Experts 124
Stevens, Hope
participation in PRT, 48
Stockholm International Forum
on Truth, Justice and
Reconciliation, 192
Student Movement for Democracy,
178
substantive law, see Extraordinary
Chambers
Suchet, Lt Colonel, Thai military
commander at border, 106
Suchinda Krapayoon, Thai General,
96, 105
Sum Mean, 15, 16, 276
Sun Hao, Chinese ambassador to
Cambodia, 57, 59
super-majority, see Extraordinary
Chambers, decision-making
Supreme National Council (SNC),
59, 93, 95, 101
Surayud Chulanond, General,
commander of Thai army, 123
Svay Rieng, 21, 262
Sweden
and Cambodia’s seat at UN,
30,33, 92
and campaign to bring Khmer
Rouge to justice, 75, 77
assistance to Task Force, 292
on EC, 196
Syria
participation in PRT, 43
Ta Mok, 86, 255, 257
and capture of Pol Pot, 120, 123
and murder of Christopher
Howes and Houn Hourn, 115–
6 Representative for Human
arrest of, 131–2, 254
defence, 165, 245–6, 249, 252
ouster 1998, 134
revolt against Pol Pot, 119–32
role in DK, 131–2, 220, 259, 264,
265, 268, 269
Tanzania
seat in UN, 31
Task Force, see Cambodian
Government Task Force on the
Khmer Rouge Trials
temporal jurisdiction, 126, 274
Tey Sambo, 10, 11, 275
Thai military, 59, 62, 115, 116
and Pol Pot’s death, 122
and KR, 94, 95, 105, 107, 117
non-compliance with the Paris
Agreements, 104
Thailand
and Sihanouk, 67
and US plan to capture Pol Pot,
121
attacks on by DK, 227
border with Cambodia under
martial law, 59
and case to ICJ, 80
military aid to KR, 53, 78
on KRT, 80
politics, 24, 84
recognition of DK, 1979, 53
support for CGDK, 61, 66
support to KR, 110
trade with KR, 105
Thailand. National Security
Council, 58, 61, 105
Thailand. Taskforce 80, 59, 62
Thailand. Unit 315, 59, 95
Thailand. Unit 838, 59, 62, 95, 97,
132
Thatcher, Margaret, British prime
minister, 68
as possible defence witness, 165
on Khieu Samphan, 69
Thion, Serge, 76
Thioulong Saumura, 153
Thiounn Prasith, 26, 277
Thiounn Thioen, 220
Thomas Hammarberg, UN Special
Rights in Cambodia,
and negotiations, 113, 114, 123,
158, 163, 178
memoir, 179
meeting Ranariddh and Hun Sen
in New York, 123
Thong Khon, 12, 17, 22
Thun Saray, 146

Toch Phoen, 220, 260
Tokyo Military Tribunal, 1, 50, 51
Tonkin, Derek, British ambassador
to Vietnam, 32
torture, 222
Tran Duc Luong, President of
Vietnam,
visit to Phnom Penh, 179
Tran Hung, Vietnamese forensic
specialist, 217
Tran Huu Duc
participation in PRT, 41
Transcultural Psychosocial
Organization (TPO), 142
trauma, 140–3
tribunal
benefits of, 143
and impact on mental health, 142
campaign for, 29, 69, 77, 79, 88,
98, 140
different CPP views on, 153
public opinion on, 140, 151
see also Extraordinary Chambers
Tumiwa, Frans
participation in PRT, 43
Tuol Sleng Genocide Museum, 9,
76, 101, 102, 113, 118, see also
S-21
Twining, Charles, US ambassador to
Cambodia, 184
Uganda
seat in UN, 31
UN Human Rights Day, in Phnom
Penh, 1992, 103
UN-Cambodia Agreement, see
Agreement
Ung Borasmy, 109
Unicef, 38, 66
Union of American Hebrew
Congregations, 109
United Kingdom
and Cambodian seat at UN, 34
assistance to Task Force, 292
de-recognition of DK, 32
on PRK, 24
SAS military training for the
CGDK, 68
Index 325
support for resuming
negotiations, 234
United Nations, 235
acknowledgement of genocide in
Cambodia, 155
aid to PRK, obstruction of, 37
and Cambodian seat at, 24–39,
52, 66, 88, 119
and KR in refugee camps, 35, 67
endorsement of the Khmer Rouge
during the 1980s, 77
negotiations, see negotiations
record on Cambodia, 37, 107,
108, 175, 190
withdrawal from UN-Cambodia
negotiations, see
negotiations
United Nations Assistance to
the Khmer Rouge Tribunal
(UNAKRT), 208
United Nations Border Relief
Operation (UNBRO), 39, 62
United Nations General Assembly,
50, 86, 94, 156, 157
acknowledges genocide, 1997,
123
adoption of resolution to resume
negotiations, Dec 2002, 197
adoption of Draft Agreement,
205
and Group of Experts report, 126,
130, 132, 270
Credentials Committee, 29, 30,
49, 119
mandate to resume negotiations,
193, 194, 196, 201–2
on Cambodian seat, 21–39, 52,
60, 66, 72, 82, 175
welcome of Extraordinary
Chambers Law, 150
United Nations High Commission
on Human Rights (UNHCHR),
49, 81, 117, 290
United Nations High Commission
for Refugees (UNHCR), 39
United Nations Human Rights
Commission.
hearings on Cambodia, 35–6, 79,
100
326 Getting Away With Genocide?
United Nations, Group of Experts,
see Group of Experts
United Nations Office for Human
Rights in Cambodia, 158
United Nations Office of Legal
Affairs, 158–9, 184
United Nations Secretariat, 3, 133,
163, 170, 175, 183, 185, 190–
208, 234–5, 246–7
United Nations Security Council, 2,
156–8, 236
1979 session on Cambodia, 25–7
China’s seat, 32
and Cambodia’s seat in UNGA, 37
and Group of Experts report, 130,
132
on temporal jurisdiction of EC, 5,
165
resolution on non-compliance
with Paris Peace Agreements,
105
P5 and peace talks, 88, 105
possible veto by China on
tribunal, 121–3, 148, 168
veto by Soviet Union on
Vietnamese withdrawal, 27
United Nations Transitional
Authority in Cambodia
(UNTAC),
establishment of, 93
and 1993 elections, 93, 104
inability to confront KR, 104
military observers, 105
on Thai military assistance to KR,
106
peacekeepers attacked, 104–7
refusal to use the word genocide,
146
scrutiny on the State of
Cambodia, 104
United Nations Trust Fund, 209
United States
and Cambodian seat at the UN,
29, 30, 37, 93
and case to ICJ, 79
and China, 27
and Sihanouk, 67
and Thai refugee camps, 61
blocking peace initiatives, 82, 87
bombing of Cambodia, 5, 109,
110, 130
calls for Vietnamese withdrawal,
24
Cambodia Democracy and
Accountability Bill, 149, 206
Cambodian Genocide Justice Act,
110
Congress Joint Resolution 602,
85, 86
congressional calls for regime
change in Cambodia, 149
congressional calls for arrest of
Hun Sen, 153
covert operations, 62
denying genocide, 71
diplomatic support for KR, 53, 62
Embassy in Bangkok, 61
House Resolution 553
(Rohrabacher Resolution), 152
intelligence, 62, 120
military aid to CGDK, 68
on Chinese and Thai support for
KR, 86
on KRT, 80
on Chatichai initiatives, 87
participation in PRT, 43
pressure on Cambodia to sign
ICC exemption, 6
role in negotiations, 155, 162,
179, 184
support for CGDK, 60, 66
support for KR inclusion in peace
talks, 87
United States Defence Intelligence
Agency, 62
United States National Security
Council, 245
United States Office of Cambodian
Genocide Investigations, 110,
224
United States State Department
action on KR crimes, 108
Universal Postal Union
DK representation at, 38
University of Georgia, 22
US-Indochina Reconciliation
Project, 75
USSR, see Soviet Union

Van Lelyveld, Peter Paul
participation in PRT, 43
Vance, Cyrus, 60
Vann Nath, 244, 251
Ven Dara, 138
Veng Khieng, 134
Vickery, Michael, 76, 274
victims
role in Extraordinary Chambers,
212
testimony to PRT, 45
Vienna Convention on Diplomatic
Relations, 1961
as crimes in EC, 228
Vietnam
advisors to PRK, 13, 18, 102, 217
attacks on by DK, 38, 227
challege to CGDK seating at the
UN, 33
criticism of role in PRK, 23, 31,
36, 38, 69, 72, 98
efforts to disseminate findings of
PRT, 49
end of military and economic aid
to Cambodia, 98, 100
offensive against DK, 9, 10–11,
53
troop withdrawal, 85, 91
Vietnam, Cambodia, Laos
Committee, Sweden, 75
Voice of America, 153
Von Vet, 220, 260
Walters, Vernon
US ambassador to UN, 86
Index 327
war crimes,
as crimes in EC, 226–7
see also Democratic Kampuchea,
crimes
Washington Post, 191
Wiedemann, Kent, US ambassador
to Cambodia, 137, 179, 184,
191, 287, 291
Wiesel, Elie, Nobel laureate, 80
Williams, Michael, UNTAC Human
Rights official, 102
World Conference on Religion and
Peace, 70
World Court, see International
Court of Justice
World Health Organization (WHO)
DK representation at, 38
Y Chhien, 138
Ya, 265
Yale University, see Cambodian
Genocide Program
Yap Kim Hao
participation in PRT, 43
Youk Chhang, 111
on need for justice, 145, 253
on definition of senior leaders,
151
on benefits of mixed tribunal,
237
Yun Yat, 220, 260, 266
Zacklin, Ralph, UN Deputy Director
of OLA, 158, 159, 170
Zimbabwe, 88