CHRONOLOGY OF DEVELOPMENTS RELATING TO THE KR TRIAL
21 June:
Then Cambodian Co-Prime Ministers requested the United Nations for assistance in organizing the process for Khmer Rouge trial, leading to the adoption of a resolution in the General Assembly on 12 December.
7 August:
Secretary-General Kofi Annan established the Group of Experts to conduct a feasibility study of this process. The Group of Experts visited Cambodia from 14-23 November.
The year also saw the death of Pol Pot, and closed with the surrender of Khieu Samphan and Nuon Chea, the two remaining senior leaders of the Khmer Rouge, and the reintegration of their armed forces.
6 March:
Khmer Rouge military leader Ta Mok was arrested and charged with violation of the 1994 Law to Outlaw the Democratic Kampuchea Group
15 March:
The Report of the Group of Experts recommending a completely international tribunal was presented to the General Assembly and Security Council
April:
Meeting between Senator John Kerry and Samdech Prime Minister, in which were laid down the principles of a national court with participation by foreign judges.
9 May :
Duch, former director of S-21 Tuol Sleng prison was arrested and charged with the 1994 Law to Outlaw the Democratic Kampuchea Group
Special Representative of the Secretary-General for human rights in Cambodia, His Excellency Thomas Hammarberg reached agreement with Prime Minister Hun Sen on a compromise of “national proceedings with international characteristics.”
Cambodia requested a team of legal experts from France to help this issue, and France sent to Cambodia a team of high-level legal experts.
July:
Prime Minister Hun Sen requested technical assistance from the UN in drafting the Law. In New York the Office of Legal Affairs made its own proposal and presented it to members of the Security Council.
20 August
:
The Royal Government created its “Task Force for Cooperation with Foreign Legal Experts and Preparation of the Proceedings for the Trial of Senior Khmer Rouge Leaders”, of which Sok An was appointed the chairman.
The Task Force commenced its work by drafting the law. This first draft law was produced in August 1999 and presented to a United Nations delegation led by H.E. Ralph Zacklin, deputy of Hans Corell who is in charge of legal affairs of the United Nations and holding the rank of Under Secretary-General.
The Cambodian Draft Law received legal and other technical contributions from experts from France, India, Russia and Australia, as well as the United States, in addition to the input from the United Nations sent its delegations three times to Cambodia, all led by high-level legal experts of the United Nations.
The first UN delegation, sent in August 1999, studied the first draft law and presented its own draft. At that time there was no consensus. One major difference was that Zacklin wanted foreign judges to hold the majority, while Cambodia claimed that Cambodian judges must be in the majority.
20 September
:
During the United Nations General Assembly Samdech Prime Minister met H.E. Secretary-General Kofi Annan, and he submitted a memorandum of three points, offering three options:
- Firstly: the United Nations can contribute to providing judges and experts to help modify the draft law to achieve what is known as credibility, in conformity with procedures trusted by the international community, and can also provide judges to work with Cambodian judges in the court;
- Secondly: the Secretary General may choose only to provide legal experts to help establish the draft law, and let Cambodian judges work alone at the trial stage;
- Thirdly: the United Nations may withdraw from the process, and let Cambodia establish the draft law and organize the trial by itself.
At that time, the Secretary-General did not respond directly to the memorandum, but asked for the continuation of negotiations.
17 December
:
The Task Force completed its second draft law, and submitted it to the cabinet meeting for approval on 24 of December 1999. A copy was also sent to the Office of Legal Affairs, which issued a letter and later a “Non-paper” criticising some aspects of the Law. The draft law was discussed for the second time and adopted by the cabinet meeting on 6th January 2000 with some modifications.
14 Jan:
The Royal Government made further modification to the draft law, by allowing for co-investigating judges, as proposed by H.E. Obuchi, and on 18 January, the updated draft law was presented to His Royal Highness the President of the National Assembly.
February
:
Letters and discussions were held with the Secretary-General of the UN concerning the Draft Law as submitted to the National Assembly. The Secretary-General sent a letter making four points:
- the first asked to give guarantee for arrests and surrender of those indicted.
- the second asked for a guarantee of no amnesties or pardons,
- the third wanted an independent foreign prosecutor and investigating judge;
- the fourth asked for foreign judges in majority, and their appointment to be made by the Secretary-General
March
:
A second round of negotiations was held in Phnom Penh, this time led by H.E. Hans Corell himself. While a number of points were resolved, one major issue remained outstanding – how to resolve any differences that might arise between the co-prosecutors.
March
:
A second round of negotiations was held in Phnom Penh, this time led by H.E. Hans Corell himself. While a number of points were resolved, one major issue remained outstanding – how to resolve any differences that might arise between the co-prosecutors.
April
:
A second round of negotiations was held in Phnom Penh, this time led by H.E. Hans Corell himself. While a number of points were resolved, one major issue remained outstanding – how to resolve any differences that might arise between the co-prosecutors.
May
:
The Prime Minister and the Secretary-General Kofi Annan exchanged letters confirming the latest compromise reached through John Kerry.
July
:
Under Secretary-General Hans Corell led a third and final delegation to Phnom Penh. In these negotiations various problems were settled, including the Pre-trial Chamber to solve any such differences between Co-prosecutors or Co-investigating judges. Although not quite 100% agreement was reached, the negotiations provided the basis of the Draft Law later debated in the National Assembly, and the UN draft text of an Memorandum of Understanding/Articles of Cooperation was discussed.
September
:
The Government Task Force resumed work with the Legislation Committee of the National Assembly.
November
:
Senator John Kerry made a final visit to seek confirmation of the position regarding the Draft Law, urging the government to move ahead soon with the debate in the National Assembly.
28 November
:
The Legislation Committee and the Task Force concluded their discussions on the Draft Law.
29 December
:
The National Assembly commenced debate on the Draft Law, with
Senior Minister Sok An introducing and defending it.
5 Jan:
The National Assembly unanimously passed the Draft Law
15 Jan:
The Senate approved the Draft Law
12 Feb:
The Constitutional Council issued its opinion, pronouncing the Law to be in accordance with the Constitution, except for any mention of “…third-degree criminal penalty” (which is the death sentence) in Articles 209, 500, 506 and 507 of the 1956 Penal Code, referred to in Article 3 of this Law. The decision did not specify any course of action, but the Royal Government of Cambodia decided to revise Article 3 in respect for the Constitutional Council decision, and to ensure that this Article of the Law would remain to be used as applicable law in the Extraordinary Chambers. As the National Assembly was currently in recess, this process of revision was postponed.
22 June:
The Council of Ministers approved the revised Article 3, now specifying that the maximum penalty under articles from the 1956 Penal Code shall be limited to a maximum of life imprisonment, in accordance with Article 32 of the Constitution of the Kingdom of Cambodia
11 July:
The National Assembly passed the Draft Law including the revised Article 3
23 July:
The Senate approved the revised Draft Law
7 August:
The Constitutional Council approved the revised Draft Law
10 August:
His Majesty King Norodom Sihanouk signed the Law on the Establishment of the Extraordinary Chambers in
the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea and it was promulgated
18 August:
Senior Minister Sok An sent the Khmer official version of the Law to His Excellency Hans Corell
31 August:
Senior Minister Sok An sent English and French translations of the Law made by the Council of Jurists to His Excellency Hans Corell
02 October:
Senior Minister Sok An invited His Excellency Hans Corell to come to Cambodia to finalise the Articles of Cooperation
10 October:
His Excellency Hans Corell sent a letter to Senior Minister Sok An outlining 11 points concerning the Law and I insisting on an Agreement between the UN and Cambodia having precedence over the Law
23 November:
Senior Minister Sok An replied to His Excellency Hans Corell concerning the relationship between the Law and the Articles of Cooperation to be signed between the UN and Cambodia
17 December:
His Excellency Hans Corell sent a letter to Senior Minister Sok An asking for a response to the 11 points concerning the Law outlined in his 10 October letter
22 January:
Senior Minister Sok An replied to His Excellency Hans Corell concerning the 11 points in Corell’s 10 October letter
08 February:
His Excellency Hans Corell announced that the UN was withdrawing from negotiations with Cambodia regarding the Khmer Rouge trials
Statements by United States (8 Feb), France and Japan (9 Feb), Australia (11 Feb) and the European Union (21 Feb) urging the UN to resume negotiations
12 February:
Senior Minister Sok An issued a Statement on the UN Announcement: stressing that the door is still open for a resumption of negotiations; stating that Cambodia is committed to bring finding justice relating to the Khmer Rouge crimes; and hoping that the UN will be a part of that process. He placed on the public record three background documents: the English text of the Law, and his letters to His Excellency Hans Corell of 23 Nov 2001 and 22 Jan 2002
