Background and role
Hinton Alexander Laban, an American cultural anthropologist, a professor at Rutgers University in the United States (“US”),
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and author of Why did they kill? Cambodia in the Shadow of Genocide,
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testified as an expert before the Case 002/02 Trial Chamber on his methods of research, the treatments against Vietnamese, Cham and Buddhists.
Research methods
Hinton traveled to Cambodia on numerous occasions to research, starting in 1992 as a graduate student.
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During an 11-month period between 1994 and 1995, he conducted ethnographic research for his book,
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subsequently focusing his research on genocide from an anthological approach by looking at the cultural dimensions.
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Hinton returned to Cambodia in 2000 and 2003 for further research.
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Hinton’s research which led to writing Why did they kill? attempted to answer two questions: the cause of the genocide and what motivated Khmer to kill Khmer during the Democratic Kampuchea (DK) regime.
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He also tried to understand the history of what had happened and any cultural patterning of the violence.
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According to Hinton, a principle of anthropology is for the researcher to suspend his/her judgments, understand things as they existed in the local term without pre-judging, and sometimes seek to make comparative conclusions, by looking at what other scholars and other anthropologists have found about given topics.
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Between 1994 and 1995, Hinton conducted interviews with more than 100 people whom he considered as his first sources, in the “Banyan” village located in Kampong Siem District, Kampong Cham Province, Sector 41, and in Kampong Cham City.
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The interviews were conducted in Khmer after he could read and write the language,
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following the “human subjects protocol” required by the university to protect the confidentiality of the interviewees.
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For instance, Hinton recalled his interview with a former Khmer Rouge cadre working in the Krala Sub-district, Kampong Siem District under the DK regime, named “Teap”,
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but was not able to provide the real name or any further detail of that person due to the general human subjects protocols.
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After the fieldwork, Hinton conducted a one-month research on archives in Phnom Penh,
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and worked on the ethnographic data collection, different documentation related to the DK regime, and scholarly sources, mostly the works of David Chandler and Ben Kiernan he considered to be “supportive” to him.
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He explained that compared to other scholars, David Chandler was the senior historian in Khmer studies and with whom he had the most interaction.
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Having considered that Hinton’s sources were not fully accessible and verifiable which diminished the weight of his conclusions, the Trial Chamber limited its use of his evidence to assessing the appropriate interpretation of facts and placing them in context when necessary and with due caution.
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Targeting of Vietnamese
The Indochinese Communist Party, established by Ho Chi Minh and led by Vietnam,
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did not initially contain any Cambodian or Lao members and remained inactive in Cambodia for years.
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The Lon Nol regime publicly adopted an anti-imperialistic line toward Vietnam.
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Grounded in historical and cultural antagonisms, the line of rhetoric remained prevalent throughout the 1970s resulting in the targeting and execution of a large number of Vietnamese civilians by Lon Nol forces.
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The US bombing over Cambodia that intensified in 1973 contributed to increasing people’s anger and became a factor in the rise of the Khmer Rouge to power.
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Immediately after the beginning of DK, around 20, 000 Vietnamese in Cambodia were expelled, some others thought to be killed by the end of the regime.
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According to Hinton, DK perceived the Vietnamese as an immediate threat of long-standing animosity and vitriol.
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The sort of pre-existing animus that existed toward ethnic Vietnamese led to their targeting and elimination.
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Hinton confirmed that the passage in the April 1976 Revolutionary flag referred to the ethnic Vietnamese, the rhetoric became much stronger as tensions and open conflict with Vietnam escalated into 1978.
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Hinton was told by former cadres at the sub-district office and villagers that under DK there were only a few Vietnamese in Region 41,
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and they were executed by being rounded up or told to go to the rubber plantation.
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He explained that the term "arms and legs of the Yuon" or "Yuon strings" referred to two things: people who were associated with Vietnam - internal enemies burrowing from within or Khmer bodies but Vietnamese minds - and ethnic Vietnamese.
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The Trial Chamber relied on Hinton’s testimony and other evidence in finding that the Communist Party of Kampuchea speech in April 1976 referred to the expulsion of the ethnic Vietnamese living in Cambodia at the time which was one of its “purifications”.
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The Supreme Court Chamber upheld the Trial Chamber‘s finding considering Hinton’s testimony and the passage in the document, the “one type of foreigner that was [alleged to be] very strongly poisonous and dangerous” to the Cambodian people referred to the ethnic Vietnamese.
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Targeting of Cham
Before DK, people has been aware of the differences between Cham and Khmer by observing the manner or the way they dressed or spoke, and their practice of Hindu traditions.
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Their religious beliefs which did not accord with DK ideology led Cham to be viewed as a counterrevolutionary suspect group.
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The differences in the treatment against Cham depended on the degree of threat that was felt by the DK regime: the likelihood of their being able to sharpen their consciousness was diminished, not solely because of their rebellion.
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Hinton explained that genocide against Cham was not of his intent of research, but came up during discussions that he needed to follow up.
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He was told that there were lots of Cham in Kampong Siem District,
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and all of them “were taken”.
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During his interview with “Teap”, Hinton was told about a letter instructing to smash enemies including Cham, Vietnamese and former Lon Nol workers.
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The Trial Chamber relied on his testimony and other evidence in finding that (i) Cham living in Cambodia formed a distinct religious and ethnic group who shared a common language, culture, and practice Hinduised form of Islam;
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(ii) they were targeted for a notion of ethnic purity which involved the purging and killing of minorities to achieve a pure Khmer race;
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and (iii) the mass killing of Cham at Wat Au Trakuon located in Region 41.
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Targeting of Buddhists
Hinton described that Buddhism has been the dominant religion in Cambodia since at least the 13th century.
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Its omnipresence entrenched awareness of Dhammic values and moral precepts and promoted pro-social behavior among people.
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Many people in the countryside, including those who were recruited by the Khmer Rouge, have been educated in pagodas.
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Buddhism, an absolute central pillar to everyday Cambodian life, was abolished under DK: monks were disrobed, pagodas were used as detention/torturing centers, and Buddha statues were destroyed.
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Because Buddhism provided rituals and ways of healing and dealing with traumatic events,
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taking it away from Cambodian people accentuated and increased their suffering.
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The Trial Chamber relied on Hinton’s testimony and other evidence in finding that (i) Buddhism, the dominant religion in Cambodia since at least the 13th century, was banned under DK;
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and (ii) its abolition caused the physical and mental impact on those with Buddhist beliefs and backgrounds.
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The Supreme Court Chamber upheld the Trial Chamber’s findings that the complete abolition of Buddhist practices was discriminatory in fact, and caused significant gravity and a flagrant violation of the basic fundamental right of freedom of thought, conscience, and religion.
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