Last week I had the pleasure of speaking with Fergal Gaynor, the newly appointed Senior Assistant Co-Prosecutor. Here he talks about his motivations to work at and his perceptions of the ECCC, as well as his attitude towards the Khmer culture and his new life in Phnom Penh.
What motivated you to work at the ECCC?
I have been interested in the Khmer Rouge period for many years. The question of how a country with a long history of civilization could implode and begin to devour itself with such horrific consequences for millions of its inhabitants is a question which requires continued analysis. We saw in the twentieth century – in Africa, Europe and Asia – that peaceful and orderly societies can descend into brutality, systematically dehumanizing and murdering their own citizens. It is never easy to foresee when a society will do this. We can and should do more to draw lessons from what happened in Cambodia in 1975-1979.
What, in your opinion, is the role of a prosecutor?
The role of a prosecutor at any international court is to ensure that the truth emerges about the terrible events, to hold accountable those most responsible, and to ensure that the surviving victims of the crimes feel that their voices have been listened to. The victims, and the people of Cambodia as a whole, deserve a process which uncovers the truth about the Khmer Rouge period to the greatest extent possible.
What’s your perception of the ECCC’s contribution to ‘justice’ in Cambodia?
I believe that the ECCC has already achieved a great deal, in difficult circumstances. It has made a huge contribution to the historical record of the Khmer Rouge period. Many thousands of ordinary Cambodians have had the chance to travel to the courtroom and to view proceedings in person. The Court offers an environment in which national and international staff can learn from each other’s legal cultures and concepts of fairness. I believe that the ECCC’s existence and work has made a positive impact not only on the enrichment of criminal law and procedure, but also on the rule of law in general, in Cambodia.
What is your role within the ECCC, and what is the most rewarding part of your role?
I am one of the prosecutors within the Office of the Co-Prosecutors. Some parts of the role involve making decisions relating to the legal and factual arguments to be presented in several different cases at the ECCC, supervising junior staff, and contributing to in-house training within the Office of the Co-Prosecutors. One of the most rewarding parts of the role is helping junior lawyers reach their potential in terms of evidence analysis and written advocacy.
What are some of the challenges you have come across since working within the ECCC?
It’s incredibly important to retain high-performing staff and the funding uncertainties mean that good junior staff inevitably are looking for positions elsewhere. Another challenge is coming to grips with the procedural structure at the ECCC, which is quite different from the structure in place at other courts I have worked at, such as the ICTY, ICTR and ICC. Given the influence of French law on Cambodian criminal procedural law, I am paying more attention to French law than I did before, and it’s fascinating to see how the French approach differs in so many ways.
Being here for just over three months, how do you find living in Phnom Penh and the Khmer culture?
I like Phnom Penh and its energy. It is clearly a city on the move. Given the number of huge construction projects underway everywhere, it’s undoubtedly going to look very different ten or twenty years from now. The downside is the traffic crisis in the city, and we all hope that practical and innovative solutions to that can be found soon. I haven’t had the chance to learn as much Khmer as I should: that’s something I hope to remedy.
What surprised you most about your move to Cambodia?
Getting used to the heat was the main challenge for the first month or so. It’s far hotter than other areas I have lived, such as high-altitude parts of east and southern Africa. The Cambodian people I have met so far have been, almost without exception, wonderfully helpful and have a terrific sense of humour. That’s something I wasn’t quite expecting.
Loren Recchi
Public Affairs Intern