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.