Prospects dim for Khmer Rouge tribunal

Prospects dim for Khmer Rouge tribunal

By Robert Birsel

PHNOM PENH (Reuters): Prospects for a tribunal for leaders of
Cambodia's Khmer Rouge have dimmed in recent days but political
analysts on Thursday predicted much hard bargaining on the thorny
issue still to come.

Since the capture of Khmer Rouge military chief Ta Mok on the
weekend, the government has appeared more reluctant to back an
international tribunal for leaders of the group held responsible
for the death of some 1.7 million during their 1975-1979 rule.

But analysts said it would be premature to say Prime Minister
Hun Sen's stand on a tribunal was final.

The United States, which supported a UN-recognized, Khmer
Rouge-dominated opposition alliance in the 1980s, is now leading
the drive to see its leaders face an international tribunal.

"The Americans are lobbying hard but I don't think they're
winning much support," said a Southeast Asian diplomat.

Said Kao Kim Hourn, head of the Institute for Cooperation and
Peace think tank: "I don't think the government's position is
fixed. The whole thing is not over. The fact is our foreign
minister is in New York, he's in a process of dialogue, of
negotiation."

Foreign Minister Hor Namhong was due to meet UN Secretary
General Kofi Annan in New York on Friday to discuss a proposal
from a team of UN legal experts for an international tribunal for
20-30 Khmer Rouge leaders.

The team's proposals have yet to be officially released,
though their report was leaked in Phnom Penh earlier this month.

Prime Minister Hun Sen said this week Ta Mok would be tried in
Cambodia under Cambodian law. He said he does not want the Khmer
Rouge problem internationalized.

The government has said other Khmer Rouge leaders are
different from Ta Mok, but investigators say they are equally as
guilty of crimes against humanity as Ta Mok.

Khmer Rouge political leaders such as Khieu Samphan, Nuon Chea
and former foreign minister Ieng Sary surrendered while Ta Mok
was captured, the government says, raising the possibility of the
political leaders being allowed to escape justice.

Hun Sen says he is worried former rebels who surrendered might
take up arms again if their leaders are brought to trial, and
Cambodia can not afford to jeopardize its new-found peace.

Diplomats say he is also worried he will not be able to
control an international investigation and the issue could be
whipped up to create problems for his new ruling coalition.

"The inclinations of the government are fairly clear. They're
nervous of an international tribunal and keen to demonstrate they
can bring justice themselves," said a Phnom Penh-based diplomat.

"But nothing is carved in stone. Until the UN report is
officially released, and until they've stated their position vis
a vis the report, I don't think we can say any positions are
fixed."

Kao Kim Hourn said there were three schools of thought on how
to deal with the Khmer Rouge.

"Some want to see the truth of the Khmer Rouge issue revealed
and others want it buried," he said. "There's a third group which
says it wants a trial but it must be done in a Cambodian way, in
a way that will not jeopardize stability."

Complicating the issue is that foreign powers were involved
with the Khmer Rouge, including China and Thailand, who supported
the Khmer Rouge through the 1980s when they battled a Vietnamese
army of occupation.

Southeast Asian countries, some of which backed the Khmer
Rouge-dominated coalition in the 1980s, say the question of a
trial is a matter for Cambodia. But they are generally seen as
opposed to an international tribunal.

But the issue is not going to go away for ordinary Cambodians,
virtually all of whom lost family members during Khmer Rouge rule
and many of whom are still longing to know why.

"How can the Khmer Rouge issue be over? It will be with us for
much more time to come," said Kao Kim Hourn.