There are no more obstacles to start the first war crimes trial at the Khmer Rouge genocide Tribunal in Cambodia. The former prison chief Duch faces extra charges, as his trial will start next year. He will not be tried for the overall conspiracy to murder, starve and torture 1.7 million Cambodians in the late 1970s.

Duch will be the first leader of Cambodia's genocidal regime in the 1970's to stand trial at the UN-backed tribunal. No date has been set yet.

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Cambodia's genocide tribunal in Phnom Pehn on Friday ruled that the former Khmer Rouge prison chief Duch will face extra charges. He will also be prosecuted for torture and pre-meditated murder under Cambodian law, said head judge Prak Kimsan. There are no more legal barriers to start the trial in due cause.

The extra charges widen the scope of the accusations against Duch and make it easier to convict him under domestic law. Judges did not, however, add the accusation that he participated in a "joint criminal enterprise."

Prosecutors had objected the earlier indictment, saying the charges failed to go far enough and portray a "full and truthful account" of Duch's crimes. They also wanted Duch to be charged of joining a joint criminal enterprise (JCE) - a conspiracy to murder, starve and torture 1.7 million Cambodians in the late 1970s - with other Khmer Rouge leaders.

Fridays ruling is a relief to the other four accused as they cannot be charged for joining Duchs criminal scheme.

International and national crimes
The genocide tribunal indicted Kaing Guek Eav, better known as 'Comrade Duch' (1942) for war crimes and crimes against humanity in August. He is accused of overseeing the torture and extermination of more than 12,000 men, women and children when he headed the Tuol Sleng prison, known as S-21.

Duch was arrested in 1999 and transferred to the Cambodia tribunal last year.

The indictment says more than 12,380 people were executed at Tuol Sleng, most after suffering torture:

"every prisoner who arrived at S21 was destined for execution."

The indictment gives a detailed breakdown of the horrific conditions at Tuol Sleng, and Duch's role in the atrocities:

"The crimes committed at S21 themselves constituted a discreet widespread or systematic attack against the civilian population detained therein."

Remorse
The former teacher has consistently recognised his responsibility for the crimes committed at S21. He has expressed remorse to the victims and their families, but also to his staff. He stated that none of his personnel were volunteers, or proud of what they had done, but rather terrorised and constantly in fear for their lives:

"I joined the Khmer Rouge in order to liberate my people and not to commit crimes. But from 1971 onwards, when I was forced to supervise the prison, I became both an actor in criminal acts and also a hostage of the regime".

Duch claims that he never succeeded in escaping from his post, despite many attempts. Until now, he has cooperated willingly in the investigations.

The Cambodia tribunal
The UN backed Khmer Rouge tribunal in Cambodia (ECCC) is prosecuting five Khmer Rouge officials for the 1975-1979 genocide. The court prosecutes international crimes of genocide, crimes against humanity and war crimes. It can also investigate murder, torture and religious prosecution under Cambodian law.

All five suspects before the genocide court served as high level military in the Khmer Rouge regime. They were arrested over the past years. The trials are seen as a sign that Khmer Rouge figures no longer enjoy immunity.

The communist Khmer Rouge implemented radical policies which caused the deaths of an estimated 1.7 million people from starvation, disease, overwork and execution. Its leader Pol Pot never faced justice since he died in his jungle hideout in 1998.

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