Yesterday, I watched part of the ongoing, UN sponsored Khmer Rouge Tribunal. Basically, just before the final surrender of the KR in 1998, Cambodia asked the UN to help it find a way to try high ranking KR officials. After years of debate about what the court should look like, the tribunal opened in 2007. Its unique in that its actually taking place in Cambodia and that its a joint project between Cambodia and the UN. There are Cambodian and foreign judges, defenders, and prosecutors. Its purpose is to try the highest ranking members of the KR. Pol Pot, the leader, died in 1998, so he can't be prosecuted. Its completely unreasonable to try regular soldiers or supporters because that is a lot of people who have re-entered Cambodian society as productive citizens. (Also, many of these people only joined the KR to protect the lives of their own families) The goal of the tribunal is to try to bring about justice for the victims' families and bring some closure for the whole nation. So far 5 people have been accused before the tribunal. Only 1 trial has been completed, in which the man in charge of the main torture center was found guilty and sentenced to 30 years in prison (life is prison is the worst sentence possible because the death penalty in unconstitutional in Cambodia- one area where they have us beat- plus all the people are quite old already anyway). We went to see part of this man's appeal. Although he confessed during the trial and expressed remorse, he still pleaded not guilty. Now he is appealing saying that he was not a high ranking official and was just following orders to avoid the killing of his own family and therefore does not fall under the mandate of the court.
What we saw was quite boring, court mumbo jumbo, but the whole idea of the trials is interesting. They feel like a strange imposition of Western ways on Cambodia. In the west, we say remember bad things that happen so they don't happen again. In Cambodia, some agree with this but many would say don't talk about bad things or else they will happen again. But there has to be some kind of justice, some kind of trial, doesn't there?
Also, what is justice in this case anyway? The killing fields were 30 years ago. The people being prosecuted are in their 70s and 80s and no one except for the first man has shown any remorse at all. In my opinion, the bulk of Cambodians aren't paying too close of attention to the trials anyway. Sitting in that courtroom, it didn't feel like justice in action. It felt like mankind's attempt to maintain an equilibrium in the world. You do bad things, bad things happen to you. We have to believe that's true or else we'd go crazy. So maybe we need to create that sense of control, even if its shallow- simply because life has to go on. I don't know. They are very big questions with no answers but very interesting to think about.
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