Khmer Rouge Tribunal to Benefit from UN Oversight

New York—Secretary-General Ban Ki-moon’s appointment of a UN Special Expert on the Extraordinary Chambers in the Courts of Cambodia has the potential to revitalize the tribunal and help curb political interference, said the Open Society Justice Initiative today. 

“To date, the court has made great progress, but political interference threatens to discredit its work,” said James A. Goldston, executive director of the Open Society Justice Initiative. “The appointment of a UN Special Expert is a positive development that we hope will help the court meet international fair trial standards.” 

According to a report released by the Open Society Justice Initiative this week, there is evidence of political interference from Cambodia’s leadership, intended to restrict who is prosecuted or appears as a witness at the tribunal. Cambodian officials have been pressed not to investigate well-connected former Khmer leaders, and those who disobey orders from on high may well not advance in their careers. This creates a rift between international and local staff, blocking the pursuit of justice. 

The UN, donors, and international officials have been reluctant to criticize the court openly or address issues of political interference directly, however, for fear of hindering fundraising. The report calls on donors to commit long-term funding to the court, so long as it meets international standards, in order to provide more leverage for reform.

“Strengthening judicial independence should be a top priority for the UN and donor states,” said Goldston. “The new special expert should help develop a stable funding base for the court, encourage greater transparency at all levels, and demand a public demonstration that political interference has ceased.”

Although the UN has not publicly identified the new Special Expert, insiders confirm it is Clint Williamson, former US Ambassador for War Crimes Issues. He is expected to take up his post in July.

The Khmer Rouge Tribunal is charged with prosecuting senior leaders and those most responsible for mass crimes committed in Cambodia during the 1970s. Its unique structure as a court formally embedded in the Cambodian domestic system but with international participation at all levels is an experiment in the development of legal accountability for mass atrocities.