RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 regarding a clandestine relationship that he had many years before with a Chinese lady and which produced three children. Roderick O'Brien addresses a totally different subject. In April 1975, the Khmer Rouge took power in Cambodia, after the defeat of Lon Nol's Khmer Republic forces, and entered Phnom Penh. Under the leadership of Pol Pot, the Khmer Rouge remained in power for nearly four years, pursuing policies which resulted in the death of nearly two million people through execution, starvation, and disease. The question of a tribunal to bring those responsible to justice has been on the drawing board for several years but has yet to materialise. Roderick has lived and worked in Cambodia and provides a factual, objective and unemotional account of the tragedy of Cambodia and what may lie ahead. The exploits of H.M.S. Hermes on the China Station in the 1930s occupy Jonathan Parkinson. Hermes was the Royal Navy's first purpose-built aircraft carrier and was, by all accounts, a happy ship. She was ultimately sunk by the Japanese off Batticaloa in 1942; a sad end to a distinguished career spanning nearly 20 years. Where would our Journal be without the redoubtable Keith Stevens? Keith has produced another splendid article for this volume. It recounts the Russo-Japanese War fought largely on Chinese soil - and with scant regard for the Chinese people who suffered greatly - almost exactly 100 years ago. The Notes and Queries section is an important miscellany of this and that. Each little and not so little piece represents an investment in time and effort by the individual concerned. Included is another piece on the Chinese Labour Corps in Europe during World War I (See The Chinese Labour Corps in France, 1917-1921, Vol. 40, JHKBRAS, pp. 33-111, and various Notes and Queries in Vols. 41 and 42); some interesting photos which I will leave readers to mull over themselves; a further moving piece (which was almost an article) on Samuel Cornell Plant by his nephew Michael Gillam no less (see The Life and Times of Captain Samuel Cornell Plant, Vol. 41, JHKBRAS, pp. 407-416); a note on the Belilios Star (Hong Kong's official life-saving medal); and a piece on what became of the Tyndareus Stone which used to adorn the sitting out area beneath High West (Victoria Peak) before it was plundered - I see no other word for it - by the British Army in 1993. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 CONTENTS PRESIDENT'S REPORT ..XX FINANCIAL STATEMENTS ..xxviii HON. LIBRARIAN'S REPORT .......xxxix FRIENDS OF THE HKBRAS (UK) REPORT ..xlvi VOLUNTEERS REPORT ...xlviii ARTICLES Sidney Cheung - Traditional dwellings, conservation and land use: A study of three villages in Sai Kung 1 Eric Danielson - How old is Shanghai's Longhua Temple? 15 James Hayes - Canton symposium: The world of the old China trade: the locales and the people 29 Lan Li and Deirdre Wildy - A new discovery and its significance: The statutory declarations made by Sir Robert Hart concerning his secret domestic life in 19th century China 63 Roderick O'Brien - Justice, law, and the proposed tribunal for the Khmer Rouge 89 Jonathan Parkinson - H.M.S. Hermes: China Station, 1930-1933 105 Keith Stevens - Between Scylla and Charybdis: China and the Chinese during the Russo-Japanese War, 1904-1905 127 xiv ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 JUSTICE, LAW, AND THE PROPOSED TRIBUNAL FOR THE KHMER ROUGE RODERICK O'BRIEN 89 1. Background: the Khmer Rouge in context 2. Background: the Proposed Tribunal 3. The Structure and Processes of the Tribunal 4. Retributive Justice 4.1 Retributive Justice and Closure by Legal Statement 4.2 Retributive Justice and a Culture of Impunity 4.3 Retributive Justice and Revenge 4.4 Retributive Justice and Individuals 5. Restorative Justice 5.1 Restorative Justice and the Individual Criminals 5.2 Restorative Justice and the Individual Victims 6. Distributive Justice 6.1 Distributive Justice and a Fair Trial 6.2 Distributive Justice and Fair Trials 6.3 Distributive Justice and the Justice system 6.4 Distributive Justice and Legal Aid 7. Law, Justice, and Other Values 7.1 Discovering the Truth 7.2 From Truth to Reconciliation 7.3 Ending Hostilities 7.4 Building a post-Conflict Society 8. Conclusion 1. Background: The Khmer Rouge in context To situate the proposed tribunal in its historical context, a brief survey of Cambodia's history since independence may be useful: 1954-1970 The Kingdom of Cambodia Cambodia had been under French colonial rule in various forms since the nineteenth century (apart from a short period of Japanese rule late in the Second World War). Independence was declared by King Sihanouk in 1953, and recognised at the Geneva Conference of May ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 90 1954. But there was internal armed conflict within Cambodia, and the war in Vietnam also overflowed into Cambodia in the late 1960s and early 1970s. 1970-1975 The Khmer Republic While the King was absent, General Lon Nol and Prince Sisowath Sirik Matak deposed him, and declared a republic. Nevertheless, the new Republic failed to gain effective military control of the whole land, despite continuous fighting with internal and external opponents, among them the Khmer Rouge, 1975-1979 Democratic Kampuchea (DK) In April 1975, the Khmer Rouge took power, after the defeat of Lon Nol's Khmer Republic forces, and entered Phnom Penh. Under the leadership of Pol Pot, the Khmer Rouge remained in power for nearly four years, pursuing policies which resulted in the death of nearly two million people through execution, starvation, and disease. 1979-1989 People's Republic of Kampuchea (PRK) In 1978, the Vietnamese army advanced into Cambodia, and together with Khmer Rouge defectors, overthrew the Khmer Rouge regime. The new government, the People's Republic of Kampuchea, did not enjoy wide international recognition, and at the same time continued armed conflict with the Khmer Rouge and other forces within the country. 1989-1993 The State of Cambodia [1992-1993 United Nations Transitional Authority (UNTAC)] With the withdrawal of Vietnamese forces, the name of the country was changed to distance the new government from the Khmer Rouge period, and the use of “Kampuchea". But armed conflict between the government in Phnom Penh and other actors continued. United Nations-sponsored negotiations finally led to the Paris Peace Agreement of 1991, the United Nations Transitional Authority, and the 1993 elections. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 91 1993-now Kingdom of Cambodia Sihanouk returned as king, and the name Kingdom of Cambodia was again used. The Khmer Rouge withdrew from participation in the political process, and continued armed conflict until 1997. As the military strength of the Khmer Rouge declined, this conflict became more and more sporadic. 2. The proposed Tribunal The atrocities of the Khmer Rouge began to be documented in the period of the People's Republic of Kampuchea. For example, the S-21 "Tuol Sleng" was established from 1975 to 1978 as a security office for interrogation and extermination of prisoners. The site, in a suburban Phnom Penh high school, has been a museum to the victims since 1980. Assessment and documentation of the many cases has continued through the subsequent two decades, and a substantial record is maintained by the Documentation Centre of Cambodia (DC-Cam). In 1979, the PRK government had held a trial, in which Pol Pot and Ieng Sary were convicted and sentenced to death in absentia for their crimes. However, the trial was not accepted internationally because of concerns about the processes, and because of the diplomatic isolation of the PRK government. Responses to the atrocities in the former Yugoslavia, and in Rwanda, included the establishment by the United Nations of international tribunals at The Hague and at Arusha, respectively. International pressure for some kind of legal resolution of the atrocities in the period of Democratic Khmer also increased, as did pressure within Cambodia itself. In 1997, the Cambodian government asked the United Nations for assistance in organising a process for the Khmer Rouge trials. This led to the adoption of a resolution in the UN General Assembly in December 1997, enabling the Secretary-General to negotiate. Negotiations dragged on, with Cambodia producing a draft law in 1999, and that law passed the National Assembly in 2001.2 The United Nations negotiator, Hans Correll, objected that the law did not give effect to the agreement between the United Nations and the Royal Government. Early in 2002, ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 93 The crimes within the jurisdiction of the Extraordinary Chambers are crimes under Cambodian Penal law, crimes of genocide, crimes against humanity, crimes against the Geneva Conventions, and crimes under other international agreements applicable to Cambodia. The word "tribunal" is convenient to briefly describe these Extraordinary Chambers. 4. Retributive Justice Justice is a complex concept. It will be dealt with under three headings: Retributive Justice, Restorative Justice, and Distributive Justice. Retributive Justice is concerned with both the rewarding of good and the punishment of evil. Commonly, we think of retribution largely in terms of punishment and revenge. It underlies many of the criminal law systems of the world, and the simplest expression is that the perpetrator of a crime deserves to be punished for her or his offences. So, those who have suffered under the Khmer Rouge seek retribution for their suffering by the punishment of those responsible for the suffering. 4.1 Retributive Justice and Closure by Legal Statement: A legal process can bring closure to injury by coming to an official conclusion that one party was right, and another was wrong. The punishment involved represents a legal quantification of the degree of injury. For many victims, a legal process can bring a clear reversal of the verdicts of the Khmer Rouge, and re-establish their sense of rightness both individually and before the community. Such a closure enables people to leave an injury behind, and move on in their lives. 4.2 Retributive Justice and a Culture of Impunity: The fact that such grave crimes remained unpunished contributes to a culture of impunity which continues in Cambodia. In the aftermath of the UN's withdrawal from the negotiating process in 2002, a number of states expressed concern about the UN position. While recognising that the Cambodian legislation of 2001 was flawed, these states were ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 94 concerned that if there were no trials, it would aid and abet Khmer Rouge impunity. In this sense, retribution operates both internationally and nationally. Retribution acts as a deterrent to those who may think of establishing regimes like those of the Khmer Rouge. But it also supports efforts to re-establish the rule of law within Cambodia itself by the example of punishing such grave crimes. 4.3 Retributive Justice and Revenge: Revenge has been a constant in human history. It can be seen as a self-help response to an offence, in order to ensure that there is no impunity. Traditional literature has brought down to us many examples of the social obligation to revenge an offence, and the attempts to channel and limit that obligation through a legal system. If there is no effective legal system to undertake the institutional revenge of a people, then the way is open for private revenge. Ultimately, this is socially destructive, and can lead to a never-ending cycle of revenge without closure. 4.4 Retributive Justice and Individuals: Trials are focussed on individual perpetrators of guilt. In this way, individuals must accept accountability for their acts and omissions. One advantage of this process is that it avoids loading accountability on to a community or group, and avoids the stereotypes leading to ideas of collective guilt. These stereotypes are likely to lead to further violence, creating an unbreakable cycle of violence. While retributive justice is a key component of the legal system, it is insufficient by itself to lead to reconciliation. This leads us to two additional aspects of justice, restorative justice, and distributive justice. 5. Restorative Justice Restorative Justice is concerned with restoring the parties, as far as possible, to their original position. In a sense, it is more about "rights" and less about “wrongs.” ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 95 5.1 Restorative Justice and the Individual Criminals Criminal justice systems, both nationally and internationally, focus on the perpetrator of crimes. The central person in the criminal trial is the perpetrator as defendant, and it is his or her rights in the process which are usually the subject of attention. Certainly, restorative justice has a role for the perpetrator, and through trial and imprisonment works to restore harmony in the community through restoring the wrongdoer to the community. If there is no chance of restoration, the wrongdoer has no process for acknowledgement of crimes, for forgiveness, and even no process for accepting appropriate punishment. Unless the wrongdoer can be included in the restorative process, there is no choice but to remain an “out-law”, But the boundary between perpetrators and victims may not be clear. A specific problem in the Cambodian story has been that perpetrators have themselves been victims. For example, child prisoners of the Khmer Rouge were brutalized and themselves became perpetrators. The brutalization of children and their use as perpetrators is also known in other conflicts, for example in Uganda and in Sierra Leone. 5.2 Restorative Justice and the Individual Victims: Generally speaking, trial systems which focus on the perpetrator are not sufficiently attentive to the individual victims. Indeed, the process of a trial, with its necessary testing of evidence, may operate to "re-victimise" the victim. Restorative justice demands a process in which the restoration of the victim is also a key focus. At the international level, the Tribunals for the former Yugoslavia and for Rwanda gradually developed procedures for the protection and counselling of witnesses, usually victims. The procedures of the new International Criminal Court have taken a step forward by providing for compensation for victims, as well as protection and counselling. 6. Distributive Justice Distributive justice is concerned with the allocation of resources and of opportunities within a society - including international societies. The concept of distributive justice underlies the International Covenant ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 96 on Civil and Political Rights, and the International Covenant on Social, Cultural and Economic Rights, in claiming that rights inhere in individuals and in communities to a fair allocation of the earth's resources and opportunities. This includes access to the legal system. 6.1 Distributive Justice and a Fair Trial Many international conventions and other instruments emphasise the right to a fair trial, although they may differ in practice as to what such a trial might involve. Article 13 of the Agreement of March 2003 refers to the right to a fair and public hearing, to be presumed innocent until proved guilty, to engage a counsel of his or her choice, to have adequate time and facilities for preparation of defence, to have counsel provided if lacking means to pay for one, and to examine the witness against him or her. The issue which caused the United Nations to withdraw from negotiations with the Royal Government was the question of a fair trial. The Khmer Rouge had particularly targeted intellectuals of various kinds, including lawyers. The courts formed in the aftermath of the Khmer Rouge regime were created using judges with few if any legal qualifications. Prosecutors had even less legal formation.1 Besides the lack of trained personnel, participants and commentators have drawn attention to the lack of independence of judges and prosecutors, who are subjected to government interference.1 The recent history of Cambodian governments suggests that the concept of judicial independence is an alien concept: courts are expected to respond to government directives.1 Even in the absence of interference, the prosecutors may claim that they lack the funds to carry out investigations. 6.2 Distributive Justice and Fair Trials Distributive justice requires that like cases should be treated alike. But the proposed tribunal for the Khmer Rouge is limited in jurisdiction to one period in Cambodia's history, the period of Democratic Kampuchea. Yet commentators have pointed out that there may have been breaches of law committed by other participants in the long-running wars which have affected Cambodia.12 If these are excluded from scrutiny, then the legal process becomes a kind of "victor's justice" ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 99 7.2 From Truth to Reconciliation: One of the more successful examples of such a structure is the Truth and Reconciliation Commission process in South Africa. But a limitation is apparent: while the Commissions may be able to discover the truth, this does not automatically lead to reconciliation. Reconciliation is a more complex process, involving acknowledgement of fault (perhaps on both sides), a change of heart or repentance, a giving and receiving of forgiveness, and a desire to walk together again. The law is a very limited instrument, and cannot by itself bring about internal change.19 Reconciliation also requires sensitivity to the particular culture of those involved. The primary source of meaning for many Cambodians is their religion. The majority are Buddhist, and the process of reconciliation needs to be based on a Buddhist understanding of what reconciliation means. But Buddhism, as with other religions, suffered great losses during the period of Khmer Rouge rule, and both monks and people may lack the religious sophistication to approach the task well20. One of the questions, for example, is the Buddhist belief in Karma, which sees suffering in this life as the consequence of wrong-doing in a previous life. If taken in an over-simplified way, this may lead to blaming the victim of atrocities for their suffering, and taking the focus away from the perpetrator. Although Buddhism is the principal religion of Cambodia, and is the state religion, observations have suggested that the generation who were formed during the period of Democratic Kampuchea may not be committed to religion, and may indeed be in practice secular.21 Their approach to reconciliation will be different from the approach of those who are deeply rooted in Buddhism. Smaller groups in Cambodia are the Muslims (especially the Chams and those of Malay descent) and Christians. Both groups were particular targets of the Khmer Rouge. Both religions have sophisticated approaches to reconciliation, although because of the years of troubles, individual Muslims or Christians may be poorly informed about these approaches. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 100 7.3 Ending hostilities: In many cases, especially during a civil war, a clear military victory may be immensely costly in terms of combatant and civilian lives. A priority for a government or other party may be simply bringing the armed conflict to an end. But a combatant party may be unwilling to give up its armed power, if it means that the party retaining arms will wreak vengeance. In this situation, many governments have offered amnesties during the conflict to persuade the parties to lay down their arms. Without some kind of amnesty, it may not be possible to persuade the combatants to give up fighting. Sometimes amnesties have applied to all combatants, including the leadership, while at other times governments have tried to drive a wedge between leaders and followers by excluding leaders from the amnesties. In the Cambodian situation, the Khmer Rouge remained a powerful military force well into the 1990s, and continued to have support from abroad. In these circumstances, the Cambodian government repeatedly offered amnesties - and even inclusion in the government - to persuade the leadership of the Khmer Rouge to give up their military campaigns, and offered Khmer Rouge combatants incorporation in the government's armed forces, at equivalent ranks. 23 One result of such a policy is that perpetrators and victims may find themselves together in the post-conflict society, with all their issues unresolved. The existence of these amnesties will create a problem for the Tribunal. Article 11 of the draft agreement initialled in March 2003 provides that the Royal Government will not provide amnesties. Only one amnesty, in 1996, is recognised, and the validity of that amnesty will be a question for the Tribunal to resolve. 7.4 Building a post-conflict society: After a long period of conflict, a common desire is to move on to a new and peaceful situation. In this process, participants feel the need to put the past behind them, and get on with their new lives. While Page 150 Page 151 ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 101 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. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 102 Nevertheless, the use of the tribunal can only be one step in the long process of rebuilding Cambodia. Simultaneous efforts must be made to create, almost from nothing, a viable and just legal system. The slow process of individual and community reconciliation must also be pursued. REFERENCE WEBSITES Documentation Center of Cambodia [DC-CAM] www.bigpond.com.kh/users/dccam.genocide Royal Government of Cambodia: The Khmer Rouge Trial Task Force www.cambodia.gov.kh/krt/ Phnom Penh Post www.phnompenhpost.com NOTES 1 See Report of the Group of Experts for Cambodia established pursuant to General Assembly Resolution 52/135 (Feb 1999) Annex. UN doc A/53/850, S/1999/231. 2 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. (10 August 2001) NS/RKM/0801/12. * "Draft Agreement Between the United Nations and the Royal Government of Cambodia Concerning the Prosecution Under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea" 17 March 2003. See UN General Assembly: Report of the Secretary General on Khmer Rouge Trials, UN doc A/57/769, 31 March 2003. 4 UN Doc GA/10135 (13 May 2003). 5 Vong Sokheng and Richard Woodd: "Jumbo cabinet ends stalemate" Phnom Penh Post, 2-15 July 2004, page 1-2. 6 Yun Samean: “Hun Sen Says Only UN Can Arrest KR”, Cambodia Daily, 7 June 2004, page 1-2. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 103 'Decision to Establish the Task Force for Cooperation with Foreign Legal Experts; Decree 55$Sr, 10 August 1999. * Ea Meng Try: Victims and Perpetrators? Testimony of Young Khmer Rouge Comrades, Documentation Center of Cambodia, Phnom Penh, 2001. See also Rasy Pheng Pong: "Tuy Kin: A Traumatized Perpertrator" Searching for the Truth, special English Edition, Third Quarter 2003, page 23. * Sok Siphana: Formation of a Legal and Judicial Reform Strategy for Cambodia, Cambodia Legal Resources Development Center, Phnom Penh, 2002, page 41-42. "See the statement of the Bar Association of the Kingdom of Cambodia, the Cambodian Defenders Project and Legal Aid of Cambodia reproduced in Michael Hayes: "Cambodian Lawyers United for UN Trial”, Phnom Penh Post, page 1-14 October 1999. 11 See CUL Seminar on Judicial Functions, Phnom Penh, 5-23 July 1993, reproduced in Basil Fernando (ed) Problems Facing the Cambodian legal System, Asian Human Rights Commission, Hong Kong, 1998, at page 133. Tom Fawthrop: "Khmer Rouge trial makes legal history", Phnom Penh Post, 5-18 January 2001. 11 Richard Woodd: "Guillotine aimed at KR trial funds", Phnom Penh Post, 2-15 July 2004, page 1 and 3. 14 See Stephen Heder with Brian Tittlemore, Seven Candidates for the Prosecution: Accountability for the Crimes of the Khmer Rouge, 2nd edition, 2004, Documentation Centre of Cambodia, Phnom Penh, page 1. 15 Australia, for example, has supported capacity building of the Cambodian legal system, and has also committed to a voluntary contribution for the proposed Tribunal. 16 See, for example, the Report to the General Assembly A/58/268 (15 August 2003) Role and Achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights. 17 "Ea Meng Try: Justice and Reconciliation, MA Dissertation, Coventry University, September 2003, page 27-31. ================================================================================ RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-2003 https://digitalrepository.lib.hku.hk/catalog/2v242g390 104 18 Article 90, Protocol I of 1977 to the 1949 Geneva Conventions. 19 Robyn Dixon: "In South Africa Truth is Easy, Reconciliation Hard", Cambodia Daily, 23 June 2004, p9. 20 Ea Meng-Try: Justice and reconciliation, op cit p49-50, and 57-58. Anon: Using Buddhist Values and Human Rights to Promote Free, Fair and Secure elections in Cambodia, Cambodian Institute of Human Rights, Phnom Penh, November 1997, p36 and p40. 21 Komai Hiroshi; The Role of Buddhism in the Reconstruction of the Cambodian Rural Villages, paper presented at the National Socio-Cultural Research Congress on Cambodia, Royal University of Phnom Penh, 19 December 1997, p.25 22 Thomas Michel: "The Ethics of Pardon and Peace" Sedos Bulletin vol 36, no3/4, March-April 2004, pp89-94. 23 See Carla Bongiorno: "The Cambodian Backpacker Murders and Khmer Rouge Immunity", Australian Journal of Asian Law, 2001, no 3, pp261-279. 25 Quoted in Yun Samean: "Prosecutor Defends KR Leader Arrest Order", Cambodia Daily, 8 June 2004, p1. 26 Chhay Yiheang: "The dialectic of a Khmer Rouge trial", Phnom Penh Post, 29 September - 12 October 2004. ================================================================================