A soldier speaks to villagers being evicted from Kratie province’s Chhlong district in 2012, the site where a vicious land dispute had been occurring. Heng Chivoan
Analysis
While the government yesterday brushed off attempts by the opposition Cambodia National Rescue Party to bring a case against it to the International Criminal Court as “a joke”, international legal experts said that, legally speaking, the odds might not be so long after all.
Cambodia is under the ICC’s jurisdiction as a signatory to the Rome Statute, and Richard Rogers, the lead investigator commissioned by the CNRP, has said that his complaint will deal with Cambodia’s widespread and often-violent forced evictions – acts that could constitute crimes against humanity under the ICC’s articles if they are deemed grave enough.
If domestic courts are incapable of addressing the issues – a long-standing criticism of Cambodia’s judiciary – then “Mr Rogers might have a chance”, said Dr Harmen van der Wilt, a professor of international law at the University of Amsterdam.
“Cambodia is a state party to the Rome Statute, so the major jurisdictional hurdle is overcome,” van der Wilt said in an email yesterday, noting that “the evictions would arguably qualify as crimes against humanity”.
“As long as the government itself does not take any action [to investigate alleged abuses], the admissibility issue does not arise,” he added.
Furthermore, the opposition’s stated aim of trying Prime Minister Hun Sen isn’t out of the question either, van der Wilt continued, citing the ICC arrest warrant issued against Sudanese President Omar al-Bashir.
International attorney Michael Karnavas – a former defence counsel at the Khmer Rouge tribunal – said in a lecture on the possible politicisation of the ICC at Brown University last month that while the CNRP’s complaint may have strong legal footing, it was nonetheless an “obvious” attempt to use the court for political gains.
“Since the courts in Cambodia have been deemed in the past to be neither fair nor impartial, and since the likelihood of an objective investigation and prosecution by the national authorities is rather remote, there is a strong case for ICC intervention, provided of course the gravity test is met,” he said in an advance summary copy of his remarks provided to the Post.
However, despite the fact that “the [Cambodian] institutions which are responsible for ensuring the rule of law are substandard, even on a good day”, Karnavas called the CNRP’s attempt to file a complaint to the ICC “a pretext to score politically against the [ruling] CPP”.
Multiple representatives of the CNRP could not be reached for comment yesterday. Without speculating on the complaint’s chances of acceptance, Karnavas went on to argue that the court should consider enacting measures “to combat or at least limit abusive attempts to drag the ICC into the sordid quagmire of domestic politics”.
Council of Ministers spokesman Phay Siphan agreed that the CNRP’s move was a political ploy.
“They try to manipulate the political situation,” he said. “That’s what they want to earn from that action.”
Siphan went on to argue that the ICC did not automatically have jurisdiction in the matter simply because Cambodian court’s have flaws.
“We’re not a failed state,” he said. “We accept that we have some flaws, we accept that we have some not-up-to-date laws, but we are a nation.”
4 comments:
If Khmer continued to allow the Vietnamese along the Provinces bordering Khmer-Yuon and land concession of the same areas. In the near future we will be in the same situation as Ukraine, in recent days, Crimea is part of Ukraine territory, the mid 19th century, many Russians migrated to the area, until recent day, the vast majority of people living in Crimea that made about 58% of Russian in Crimea.
Crimea, Ukraine is bordered along the southwest of Russia. Since Ukraine's Independence from Russia in 1991, the Russian considered Crimea is a very vital and only access way to Russia, especially during winter, because to the north of Russia is nothing frozen ice, Crimea access rout through the Black Sea is the only way. During the Declaration of Independence from the Russian in 1991, the Russian demanded that Ukraine agreed to lease the southeast part of Crimea for the Russian military base for a 50 years term until 2042 and extended for another 25 years.
The Russian's initial intention to annex the Crimea territory from the Ukrainian no matter what.
A couple of weeks ago, the Russian claimed that their Russian citizen living in Crimea, Ukraine were oppressed and treated unfairly by the Ukrainian majority, therefore the Russian troops must move in and invade Crimea and a few days later, the Russian created a "Referendum" and have their Russian citizen voted and overwhelmingly passed by 97% for Crimea to leave Ukraine and to joint Russia, the very next day the Russian President Vladimir Putin annexed the Crimea Peninsula into Russian's territory.
The circumstances of the Crimea, Ukraine could very likely happened to Cambodia with the Vietnamese.
We must be very careful.
យួនមានមហិច្ចតាជាងសាសន៏ដ៏ទៃក្នុងពិភពលោក
Many legal experts said that it's possible the ICC can go after Hun Sen. This is good news and Hun Sen must be prepared. Hun Sen's crimes against humanity must not let go unpunished!
យួនវាចង់យកតែទាំងអស់ហ្ណឹង មិនមែនតែខេត្តពីបីនោះទេ មិនឃើញទេឬ? ស្តេចក៍ជាប់សាច់ឈាមយួន ឯ ហ៊ុន សែន ប្រពន្ធក៍ជាប់ឈាមយួន ហើយនាក់ធ្វើធំស្ទើរទាំងអស់សុទ្ធតែជាប់ខ្សែរយួន សុំសួរថាតើអាចគិចរួចទេ? ហើយសុំមើលទៅក្នុង១ថ្ងៃៗ តើយួនចូលមកប៉ុន្មាន? សុំមើលបឹងទន្លេសាបវាពោពេញទៅដោយយួន គ្មានអ្នកណាហ៊ាននិយាយស្អីបានទេ ពួកវាមានទាំងកាំភ្លើងទៀត មើលចុះខ្មែរកាន់អាវុធ្ធវាខុសច្បាប់ ឯយួនធ្វើអ្វីក៍បាន ដូច្នេះវាមិនយូទៀតទេខ្មែរច្បាស់ជានៅក្នុងចង្គោមក្រពើយួនហើយ ឃើញទេងើបម្តេចទៅបើខ្មែរយួនគេចាំតែវ៉ៃសម្លាប់ដូច្នេះ ហើយខ្មែរយួនគេធ្វើអ្វីក៍មិនខុស ឯខ្មែរសុទ្ធមួយចំនួនសុខចិត្តប្ម្រើខ្មែរយួនទៅហើយនោះ ខ្លះគេមិនខ្វល់ ។ដូច្នេះមើលទៅ ហ៊ុន សែនច្បាស់ជាយកស្រុកខ្មែរបញ្ចូលទៅយួនហើយ នៅពេលនោះបក្សប្រឆាំងដូចជាទល់ច្រកហើយ ។
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