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issues may be left unresolved, at least there is some hope for the future, and concentration on building a peaceful future can be a common task, uniting former enemies.
Where the end of the conflict has not been achieved through military victory, but through a negotiated settlement and through the use of amnesties, the settlement may be too fragile to bring perpetrators to justice. This is especially the case where there have been too many injustices, and where all sides to a conflict have something to fear.
The current Cambodian Prime Minister, Hun Sen, has used this kind of language to argue against legal resolution of old injuries, saying in 1998: “If the wound does not hurt, should we poke a stick into it and make it bleed again? If we bring the pair [Nuon Chea and Khieu Samphan, who defected from the Khmer Rouge to the government in December 1998] to prison…it could lead to renewed civil war.”24
An additional factor in the Cambodian situation is the time that has elapsed since the end of the Khmer Rouge rule: nearly a quarter of a century has elapsed, and many of the protagonists have died. "Brother Number One" of the Khmer Rouge, Pol Pot, died on 15 April 1998. Half of the Cambodian population has been born since that time. The issues are important, but they do not have the same importance for those who were not directly involved.
One writer has suggested that the policy of trial of a few leaders, and exemption for the mass of perpetrators, is the "middle way" policy for Cambodia, and the most likely to contribute to building a peaceful future.25
8. Conclusion
The past, and in particular the scale of the atrocities under the Khmer Rouge, necessitate a tribunal which can deliver retributive justice is still a requirement despite the long passage of time since the events in question. The future, including both the personal resolution of issues for victims, and the dismantling of a culture of impunity, also necessitate such a tribunal. In practice, the Extraordinary Chambers will be limited to a few cases, and will not be responsible for retributive justice across the whole population.
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issues may be left unresolved, at least there is some hope for the future, and concentration on building a peaceful future can be a common task, uniting former enemies.
Where the end of the conflict has not been achieved through military victory, but through a negotiated settlement and through the use of amnesties, the settlement may be too fragile to bring perpetrators to justice. This is especially the case where there have been too many injustices, and where all sides to a conflict have something to fear.
The current Cambodian Prime Minister, Hun Sen, has used this kind of language to argue against legal resolution of old injuries, saying in 1998: “If the wound does not hurt, should we poke a stick into it and make it bleed again? If we bring the pair [Nuon Chea and Khieu Samphan, who defected from the Khmer Rouge to the government in December 1998] to prison...it could lead to renewed civil war.”24
An additional factor in the Cambodian situation is the time that has elapsed since the end of the Khmer Rouge rule: nearly a quarter of a century has elapsed, and many of the protagonists have died. "Brother Number One" of the Khmer rouge, Pol Pot, died on 15 April 1998. Half of the Cambodian population has been bom since that time. The issues are important, but they do not have the same importance for those who were not directly involved.
One writer has suggested that the policy of trial of a few leaders, and exemption for the mass of perpetrators, is the "middle way" policy for Cambodia, and the most likely to contribute to building a peaceful future.25
8. Conclusion
The past, and in particular the scale of the atrocities under the Khmer Rouge, necessitate a tribunal which can deliver retributive justice is still a requirement despite the long passage of time since the events
question. The future, including both the personal resolution of issues for victims, and the dismantling of a culture of impunity, also necessitate such a tribunal. In practice, the Extraordinary Chambers will be limited to a few cases, and will not be responsible for retributive justice across the whole population.
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