Établissement de ECCC

The National Assembly unanimously passed the Draft Law.

The National Assembly commenced debate on the Draft Law, with Senior Minister Sok An introducing and defending it.

UNGA A/RES/55/95 Paragraph 18: Welcomes the successful conclusion of the talks between the Government of Cambodia and the United Nations Secretariat on the question of the trial of the Khmer Rouge leaders who are most responsible for the most serious violations of human rights, appeals strongly to the Government to ensure, including by facilitating the expedited completion of the necessary legislative process as soon as possible, that those Khmer Rouge leaders are brought to account in accordance with international standards of justice, fairness and due process of law, encourages the Government to continue to cooperate with the United Nations on this issue, and welcomes the efforts of the Secretariat and the international community in assisting the Government to this end.

The Legislation Committee and the Task Force concluded their discussions on the Draft Law.

Senator John Kerry made a final visit to seek confirmation of the government's position regarding the Draft Law, urging the government to move ahead soon with the debate in the National Assembly.

The Government Task Force resumed work with the Legislation Committee of the National Assembly.

Under Secretary-General Hans Corell led a third delegation to Phnom Penh. In these negotiations various problems were settled, including the Pre-trial Chamber to solve any such differences among the Co-prosecutors or the Co-investigating judges. Although not quite 100% agreement was reached, the negotiations provided the basis for the Draft Law later debated in the National Assembly. The UN draft text of an Memorandum of Understanding/Articles of Cooperation was also discussed.

The Prime Minister and the Secretary-General Kofi Annan exchanged letters confirming the latest compromise reached through John Kerry.

A further meeting was held and letters exchanged between Prime Minister Hun Sen and the Secretary-General in Havana, Cuba, but the outstanding issue was not resolved, so the Prime Minister met again with Senator John Kerry, who then returned for another visit to Phnom Penh. This all led to another compromise concerning what to do in case of differences between the co-prosecutors and co-investigating judges.

A second round of negotiations was held in Phnom Penh, this time led by H.E. Hans Corell himself. While a number of points were resolved, one major issue remained outstanding - how to resolve any differences that might arise between the co-prosecutors.

Letters and discussions were held with the Secretary-General of the UN concerning the Draft Law as submitted to the National Assembly. The Secretary-General sent a letter making four points: - the first asked to give guarantee for arrests and surrender of those indicted, - the second asked for a guarantee of no amnesties or pardons, - the third wanted an independent foreign prosecutor and investigating judge; - the fourth asked for foreign judges in majority, and their appointment to be made by the Secretary-General.

Updated draft of the law was handed over to His Royal Highness the President of the National Assembly.

The Royal Government made further modification to the draft law, by allowing for co-investigating judges, as proposed by H.E. Obuchi.

The draft law was discussed for the second time and adopted by the cabinet meeting with some modifications.

The cabinet meeting for approval of the draft of the law. A copy was also sent to the Office of Legal Affairs, which issued a letter and later a "Non-paper" criticising some aspects of the Law.

UNGA A/RES/54/171 Paragraph 11: Appeals strongly to the Government of Cambodia to ensure that those most responsible for the most serious violations of human rights are brought to account in accordance with international standards of justice, fairness and due process of law, welcomes the efforts of the Secretariat and actors of the international community in assisting the Government to this end, and encourages the Government to continue to cooperate with the United Nations with a view to reaching an agreement.

During the United Nations General Assembly Samdech Prime Minister met H.E. Secretary-General Kofi Annan, and he submitted a memorandum of three points, offering three options: Firstly: the United Nations can contribute to providing judges and experts to help modify the draft law to achieve what is known as credibility, in conformity with procedures trusted by the international community, and can also provide judges to work with Cambodian judges in the court; Secondly: the Secretary General may choose only to provide legal experts to help establish the draft law, and let Cambodian judges work alone at the trial stage; Thirdly: the United Nations may withdraw from the process, and let Cambodia establish the draft law and organize the trial by itself. At that time, the Secretary-General did not respond directly to the memorandum, but asked for the continuation of negotiations.

The Royal Government created its "Task Force for Cooperation with Foreign Legal Experts and Preparation of the Proceedings for the Trial of Senior Khmer Rouge Leaders", of which Sok An was appointed the chairman. The Task Force commenced its work by drafting the law. This first draft law was produced in August 1999 and presented to a United Nations delegation led by H.E. Ralph Zacklin, deputy of Hans Corell who is in charge of legal affairs of the United Nations and holding the rank of Under Secretary-General. The Cambodian Draft Law received legal and other technical contributions from experts from France, India, Russia and Australia, as well as the United States, in addition to the input from the United Nations. The first UN delegation, sent in August 1999, studied the first draft law and presented its own draft. At that time there was no consensus. One major difference was that Zacklin wanted foreign judges to hold the majority, while Cambodia claimed that Cambodian judges must be in the majority.

Prime Minister Hun Sen requested technical assistance from the UN in drafting the Law. Australian government responds to Cambodian appeal for assistance by sending an expert to work with the Cambodian Government in preparing for the trials. In New York the Office of Legal Affairs made its own proposal for the trials and presented it to members of the Security Council.

Duch, former director of S-21 Tuol Sleng prison was arrested and charged with the 1994 Law to Outlaw the Democratic Kampuchea Group. Special Representative of the Secretary-General for Human Rights in Cambodia, His Excellency Thomas Hammarberg reached agreement with Prime Minister Hun Sen on a compromise of "national proceedings with international characteristics." Cambodia requested a team of legal experts from France to help this issue, and France sent to Cambodia a team of high-level legal experts.

Meeting between Senator John Kerry and Samdech Prime Minister, in which were laid down the principles of a national court with participation by foreign judges.

The Report of the Group of Experts recommending a completely international tribunal was presented to the General Assembly and Security Council.

Khmer Rouge military leader Ta Mok was arrested and charged with violation of the 1994 Law to Outlaw the Democratic Kampuchea Group.

The surrender of Khieu Samphan and Nuon Chea, the two remaining senior leaders of the Khmer Rouge, and the reintegration of their armed forces.

Adoption of a resolution in the General Assembly (A/RES/53/145) Situation of human rights in Cambodia: Paragraph 17: Welcomes the appointment by the Secretary-General, in response to the request by the Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law by the Khmer Rouge, of a group of experts to evaluate the existing evidence and propose further measures as a means of bringing about national reconciliation, strengthening democracy and addressing the issue of individual accountability;