Kaing Guek Eav, known as 'Duch', is the first leader of the 1970s communist Khmer Rouge regime to go on trial in Cambodia. Four other Khmer Rouge leaders are still awaiting trial by the same, UN-backed court in Phnom Penh.

Who were the Khmer Rouge?

The Khmer Rouge were an anti-intellectual movement along Stalinist/Maoist lines led by Saloth Sar, better known as Pol Pot. They took power in 1975 and proclaimed the Republic of Democratic Kampuchea.

The Khmer Rouge drove the country's elites out of the cities and put them to work on collective farms. They also cracked down on political opponents, ethnic minorities and Buddhist monks. At least 1.7 million people died and were buried in what have become known as Cambodia's 'Killing Fields'.

The Vietnamese army pushed the Khmer Rouge out of Phnomh Penh on 7 January 1979. They retreated to the Thai border and survived into the 1990s as a resistance movement, killing tens of thousands of people. The movement finally collapsed when Pol Pot died in 1998.

Why has it taken so long for the trials to start?

Until 1998, Cambodia was in the middle of a civil war. The Khmer Rouge were still active, and arresting suspects and putting them on trial would have been next to impossible.

After the collapse of the Khmer Rouge, Cambodia said it lacked the resources and expertise to set up its own tribunal. It negotiated with the United Nations, but the negotiations were long and hard and details of the court weren't decided until 2003.
What kind of court is the Cambodia Tribunal?

The Cambodia Tribunal is officially called the Extraordinary Chambers in the Courts of Cambodia (ECCC). It is part of the Cambodian justice system.
However, it is regarded as a 'mixed' or 'hybrid' tribunal because of the strong international involvement.

The trials are to meet international as well as Cambodian standards. There are both Cambodian and foreign judges, prosecutors and defence lawyers. Funding does not come from the UN but from Cambodia and 35 other countries. When the last trial has been completed, the ECCC will be dissolved.

The tribunal's jurisdiction is limited to crimes committed during the four years when the Khmer Rouge were in charge. It cannot try crimes committed during the period when the Khmer Rouge operated as a resistance movement. This is considered the responsibility of regular Cambodian courts.

Who are the defendants?

Kaing Guek Eav, known as 'Duch', was in charge of Tuol Sleng prison (S-21). Khieu Samphan was head of state of the Republic of Democratic Kampuchea.
Nuon Chea, known as Brother Number Two, was head of the Democratic Kampuchea National Assembly. Ieng Sary was the regime's foreign minister.

Under Cambodian law, they face charges of murder, torture and religious prosectution. Under international law, they face charges of genocide, crimes against humanity, war crimes and destruction of cultural heritage.

The maximum sentence if the five are found guilty is life imprisonment, the minium sentence five years. There is no death penalty.

The Cambodian government has stated that it will not ask for pardons or amnesties for any of the defendants.

What is the role of the victims?

Victims of the Khmer Rouge regime can participate in the trials. The ECCC has established a Victims Unit to assist any Khmer Rouge survivors who want to do so.
Victims may apply to become a civil party or a plaintiff in the trial. If one of the defendants is found guilty, the victims may ask the court to order that reparations be made. However, the judges say that individual financial compensation will not be possible.

Have any of the Khmer Rouge senior leaders been tried before?

In 1979 there was a genocide trial in Phnom Penh known as the People's Revolutionary Tribunal. That tribunal tried Ieng Sary and Pol Pot and found both guilty of genocide, but neither of them appeared in court nor served any sentence.

In 1996 the King granted a pardon to Ieng Sary for the sentence imposed when the People's Revolutionary Tribunal tried him for genocide. It will be up to the judges to decide on the scope of this pardon.

Pol Pot died in 1998, so he will not be tried in this court.

Why are the Khmer Rouge leaders not on trial in The Hague at the International Criminal Court (ICC) or the International Court of Justice (ICJ)?

The International Criminal Court (ICC) was established in 2002 and Cambodia is a founding member of this court. However, the court can hear cases only about crimes that took place after it was created.

The International Court of Justice (ICJ) only tries cases between states and cannot charge individuals.

Also see: The Hague Justice Portal First Trial of Khmer Rouge leader begins