Stéphanie Giry: Cambodia’s Perfect War Criminal

Left: picture of Duch now, and right: the picture of Duch as a prison chief in the mid 1970s.

Source: NYRblog (10-25-10)

[Stéphanie Giry is editor-at-large at Foreign Affairs.]

The July conviction of Kaing Guek Eav, better known as Duch—the gaunt-faced, fever-eyed 68-year-old head of the Khmer Rouge’s leading torture center—by a special UN–Cambodian criminal court has been seen as a breakthrough in international justice. Years in the making, the trial was the first international criminal case brought against an official of the Pol Pot regime since a Vietnamese show trial in 1979. And despite mixed legal procedures, the conflicting approaches of Cambodian and international lawyers, hearings in three languages, budget shortages, corruption scandals, and political pressure, it was widely considered fair. Yet it is unclear how much the Duch case will have advanced the long-delayed efforts for justice against the Khmer Rouge, not least because Duch himself seems to have come out of the experience less repentant than he was when it began.

For his part in overseeing the torture and execution of at least 12,273 prisoners, Duch was convicted of war crimes and crimes against humanity, and sentenced to a 35-year prison term, with 19 years left to serve. But after spending much of the 77 days of court hearings expressing remorse, he is now appealing the sentence and asking to be released, claiming that he was neither one of the regime’s leaders nor among those “most responsible” for the Khmer Rouge’s atrocities, the only people the special court in Phnom Penh is entitled to try. This request reflects a dramatic last-minute shift in the defense’s strategy, from cooperating with the court to disputing its authority to judge Duch. That Duch could undermine the trial and its outcome in this way highlights its central flaw: all along, he was allowed to dominate the telling, and so influence the judging, of his own crimes....