As there are attempts to prosecute those responsible for the Cambodian genocide, signed into law by the UN and the Royal Government of Cambodia on 6th June 2003, some are naturally very worried. For instance, in the same month, Colin Powell took a brief trip to Cambodia to persuade Prime Minister Hun Sen to sign an Article 98 agreement. An Article 98 agreement is one in which nations that are party to the International Criminal Court agree to exempt US personnel from prosecution. The agreement was signed and endorsed by the Cambodian government on 3rd October 2003. No one will stand trial for the criminal bombardment of Cambodia in the years 1969 to 1973, which killed hundreds of thousands of people; no one, Chinese, British, American or Australian, will stand trial for aiding and abetting the Khmer killers when they were attempting to retake the country during the 1980s; no British or American government figure from the time will stand trial for attempting to block NGO assistance to a struggling post-Pol Pot country. The trials will be temporally limited to the period of Democratic Kampuchea, 1975-9, in which between 1.5 and 2 million people died at the hands of the Khmer Rouge.
No reason to be purist about it: those who were involved in that grotesque regime deserve to be tried, even if it is only a partial victory, even if the other criminals are left out of it for reasons of geopolitics. However, the arduousness of this process, and the attempts to block it by governments who legitimise their actions with the language of human rights, should not be forgotten.
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