At the International Criminal Court, Luis Moreno-Ocampo investigates and…
Khmer Rouge, A Simple Matter of Justice
 
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For the first time ever a documentary unveils from within an investigation led by international justice. The film follows the steps of the investigative Judge and his team, named by the United Nations to track down those responsible of the crimes committed in Cambodia under the Khmer Rouge regime from April 1975 to January 1979, where nearly 2 million people perished. Shot over a period of 3 years, backed with interrogatory and judicial reconstitutions on the ' crime scenes', the film reveals the horror of such a regime and allows us to understand the task and stakes of international justice.
“Highly recommended for audiences interested in international law and the prosecution of war criminals. A comprehensive investigation!” —Cliff Glaviano, Educational Media Reviews Online (EMRO)
Citation
Main credits
Distributor subjects
Asia; Cambodia; History (World); Human Rights; International Law; International Relations; Law; Political Science; Politics; Southeast Asia; War CrimesKeywords
WEBVTT
 
 00:00:25.000 --> 00:00:29.999
 In early January 1979
 
 00:00:30.000 --> 00:00:34.999
 a blitz raid by the Vietnamese Army
 broke through Cambodian borders.
 
 00:00:35.000 --> 00:00:39.999
 The international community then discovered
 a tragedy beyond anyone\'s greatest fears.
 
 00:00:40.000 --> 00:00:44.999
 [sil.]
 
 00:00:45.000 --> 00:00:49.999
 [music]
 
 00:00:50.000 --> 00:00:54.999
 From April 17th, 1975 to January 9th, 1979,
 
 00:00:55.000 --> 00:00:59.999
 the three-year, eight-month,
 twenty-day Khmer Rouge regime
 
 00:01:00.000 --> 00:01:04.999
 saw the annihilation of one-third
 of the Cambodian population,
 
 00:01:05.000 --> 00:01:09.999
 with close to two million victims.
 
 00:01:10.000 --> 00:01:18.000
 [sil.]
 
 00:01:20.000 --> 00:01:28.000
 [music]
 
 00:01:30.000 --> 00:01:34.999
 Over the course of that three-year
 eight-month twenty-day Khmer Rouge regime,
 
 00:01:35.000 --> 00:01:39.999
 Pol Pot imposed an ultra radical
 revolutionary ideal on the country.
 
 00:01:40.000 --> 00:01:44.999
 The state was rechristened Democratic
 Kampuchea. A restricted group of leaders
 
 00:01:45.000 --> 00:01:49.999
 established absolute power under cover of the
 mysterious designation of the organization
 
 00:01:50.000 --> 00:01:54.999
 or Angkar in Cambodian. The
 Angkar made a clean sweep of
 
 00:01:55.000 --> 00:01:59.999
 all elements of Cambodian society,
 family, religion, property, currency,
 
 00:02:00.000 --> 00:02:04.999
 all individual rights were abolished,
 cities vacated, their inhabitants deported
 
 00:02:05.000 --> 00:02:09.999
 to the countryside, the population
 was subjected to arbitrary purges
 
 00:02:10.000 --> 00:02:14.999
 and massive executions.
 
 00:02:15.000 --> 00:02:19.999
 [sil.]
 
 00:02:20.000 --> 00:02:24.999
 Today the scenes of repression
 
 00:02:25.000 --> 00:02:29.999
 have been transformed into museums and
 everything seems to have been said or written
 
 00:02:30.000 --> 00:02:34.999
 about the history of Cambodia. The country remains
 split between the determination to remember
 
 00:02:35.000 --> 00:02:39.999
 and the temptation to devote all
 its energy to economic expansion.
 
 00:02:40.000 --> 00:02:44.999
 Two out of three Cambodians were born
 after the fall of the Khmer Rouge.
 
 00:02:45.000 --> 00:02:49.999
 They are unaware of most of what happened
 because families don\'t talk about it
 
 00:02:50.000 --> 00:02:54.999
 and even recent textbooks
 still make no allusion to it.
 
 00:02:55.000 --> 00:03:03.000
 [music]
 
 00:03:05.000 --> 00:03:09.999
 After years of equivocation, a special tribunal
 composed of Cambodian and international judges
 
 00:03:10.000 --> 00:03:14.999
 was sent up in Phnom Penh in
 2006 to try those responsible
 
 00:03:15.000 --> 00:03:19.999
 for this tragedy.
 
 00:03:20.000 --> 00:03:24.999
 The United Nations entrusted
 the core direction of
 
 00:03:25.000 --> 00:03:29.999
 the investigation to French
 investigating judge, Marcel Lemmonde.
 
 00:03:30.000 --> 00:03:34.999
 His mission was to establish the crimes,
 
 00:03:35.000 --> 00:03:39.999
 to look for evidence, and to identify
 those who primarily gave the orders.
 
 00:03:40.000 --> 00:03:44.999
 It was up to him to determine if the
 charges assembled during the investigation
 
 00:03:45.000 --> 00:03:49.999
 was substantial enough to
 open the Khmer Rouge trial.
 
 00:03:50.000 --> 00:03:54.999
 As their first decisive act,
 
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 the judges ordered the arrest of the
 Democratic Kampuchea leaders still living.
 
 00:04:00.000 --> 00:04:04.999
 Khieu Samphan, alias Hem,
 former head of state
 
 00:04:05.000 --> 00:04:09.999
 and Nuon Chea alias brother number
 2, who was living a secluded life
 
 00:04:10.000 --> 00:04:14.999
 in Northern Cambodia near the Thai border.
 
 00:04:15.000 --> 00:04:19.999
 Two more arrests took place
 in the center of Phnom Penh.
 
 00:04:20.000 --> 00:04:24.999
 Ieng Sary, alias Van, former
 Minister of Foreign Affairs,
 
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 and his wife, Leng Thirith, alias Phea,
 former Minister of Social Affairs.
 
 00:04:30.000 --> 00:04:34.999
 The couple had been quietly living in retirement
 in the capital\'s residential quarter.
 
 00:04:35.000 --> 00:04:39.999
 The four former leaders were the
 center of a joint investigation.
 
 00:04:40.000 --> 00:04:44.999
 Kaing Guek Eav,
 
 00:04:45.000 --> 00:04:49.999
 alias Duch, head of the primary
 Khmer Rouge prison camp
 
 00:04:50.000 --> 00:04:54.999
 had been arrested by Cambodian authorities eight years
 earlier. He was the focus of a separate inquiry
 
 00:04:55.000 --> 00:04:59.999
 as he was considered an
 official of lower rank.
 
 00:05:00.000 --> 00:05:04.999
 The five defendants were imprisoned
 in a special detention center
 
 00:05:05.000 --> 00:05:10.000
 adjoining the court.
 
 00:05:15.000 --> 00:05:20.000
 [sil.]
 
 00:05:55.000 --> 00:06:00.000
 [sil.]
 
 00:06:30.000 --> 00:06:34.999
 The former Toisling High School, more commonly
 known by its Khmer Rouge code name, S21,
 
 00:06:35.000 --> 00:06:39.999
 is a genocide museum today.
 
 00:06:40.000 --> 00:06:44.999
 The building has become a symbol of the
 regime\'s brutality. Over 12,000 people,
 
 00:06:45.000 --> 00:06:49.999
 considered enemies of the
 revolution, were secretly arrested,
 
 00:06:50.000 --> 00:06:54.999
 detained, and interrogated here before systematically
 being \'crushed\' to use Khmer Rouge terminology.
 
 00:06:55.000 --> 00:06:59.999
 A young officer with zeal
 
 00:07:00.000 --> 00:07:04.999
 and organizational skills
 impressed his superiors,
 
 00:07:05.000 --> 00:07:09.999
 Dukran S21 for practically the
 entire duration of the regime.
 
 00:07:10.000 --> 00:07:14.999
 In early 1979, the Vietnamese
 army invaded Cambodian territory.
 
 00:07:15.000 --> 00:07:19.999
 The Democratic Kampuchea state collapsed.
 
 00:07:20.000 --> 00:07:24.999
 On January 1979, fleeing
 Vietnamese attacked,
 
 00:07:25.000 --> 00:07:29.999
 the Khmer Rouge deserted Phnom Penh.
 
 00:07:30.000 --> 00:07:34.999
 In their panic, the last
 prisoners were finished off,
 
 00:07:35.000 --> 00:07:39.999
 their bodies left behind. Caught
 off-guard, Duch did not obey
 
 00:07:40.000 --> 00:07:45.000
 his final orders to destroy
 all proof of the repression.
 
 00:09:35.000 --> 00:09:39.999
 When trying mass crimes, it\'s
 rare to find written records of
 
 00:09:40.000 --> 00:09:44.999
 how the repressive apparatus functioned.
 
 00:09:45.000 --> 00:09:53.000
 [sil.]
 
 00:09:55.000 --> 00:09:59.999
 Here the signature of the prisoner
 and this is his fingerprint
 
 00:10:00.000 --> 00:10:04.999
 and here are the signatures of
 interrogator at S21, his name…
 
 00:10:05.000 --> 00:10:09.999
 This is the date of uh…
 produced confessions
 
 00:10:10.000 --> 00:10:14.999
 and that those reported
 confession to his superiors.
 
 00:10:15.000 --> 00:10:19.999
 The S-21 archives that were found on site
 
 00:10:20.000 --> 00:10:24.999
 comprised an exceptional collection of
 documents for court analysts to make use of.
 
 00:10:25.000 --> 00:10:29.999
 Some prisoners have been
 asked for many time…
 
 00:10:30.000 --> 00:10:35.000
 interrogated for many times, that\'s what I…
 Uh… It have a lot of pages of confessions.
 
 00:10:40.000 --> 00:10:44.999
 All right route one is,
 contain about 1,000 pages.
 
 00:10:45.000 --> 00:10:49.999
 And the red colors, it
 is annotation of Duch
 
 00:10:50.000 --> 00:10:54.999
 and he also is pointing out some names of
 
 00:10:55.000 --> 00:10:59.999
 persons who would be… something like that
 
 00:11:00.000 --> 00:11:04.999
 and here he explains something,
 because that usually report
 
 00:11:05.000 --> 00:11:09.999
 this confession to the operation, so
 he\'s just summarized a little bit
 
 00:11:10.000 --> 00:11:14.999
 on the main point of confession. The
 victim, the prisoner tried to write
 
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 1000 names, 100 names, so that the more,
 
 00:11:20.000 --> 00:11:24.999
 the more is the better… the
 more they wanted in it.
 
 00:11:25.000 --> 00:11:29.999
 So the prisoner tries to list out every
 name that they know, even they just, lives,
 
 00:11:30.000 --> 00:11:34.999
 neighbor or something like that,
 they just write down all the names.
 
 00:11:35.000 --> 00:11:39.999
 Because it\'s the policy of the… the
 S-21, the most important for S-21
 
 00:11:40.000 --> 00:11:44.999
 to find out from the witness, from…
 from the prisoner is that, the
 
 00:11:45.000 --> 00:11:49.999
 (inaudible)names, to find
 out people who betrayed
 
 00:11:50.000 --> 00:11:54.999
 Angkar something like that.
 
 00:11:55.000 --> 00:11:59.999
 The investigation was
 divided into two cases.
 
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 The investigation of the Duch case advanced quickly, thanks
 to the suspect\'s willingness to cooperate with investigators.
 
 00:12:05.000 --> 00:12:09.999
 [sil.]
 
 00:12:10.000 --> 00:12:14.999
 A former math teacher,
 
 00:12:15.000 --> 00:12:19.999
 Duch has been described by his students as a sincere
 young teacher, always willing to help the poor.
 
 00:12:20.000 --> 00:12:24.999
 He joined the Khmer Rouge
 guerilla in the late \'60s.
 
 00:12:25.000 --> 00:12:29.999
 [sil.]
 
 00:12:30.000 --> 00:12:34.999
 Seated beside Judge Marcell
 Lemmonde, You Bunleng,
 
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 the Cambodian investigating judge was appointed by the
 government. The president of the Phnom Penh Appeals Court,
 
 00:12:40.000 --> 00:12:45.000
 he is one of the highest
 magistrates in the country.
 
 00:13:20.000 --> 00:13:25.000
 [sil.]
 
 00:13:40.000 --> 00:13:48.000
 [sil.]
 
 00:14:15.000 --> 00:14:20.000
 [non-English narration]
 
 00:15:10.000 --> 00:15:15.000
 [sil.]
 
 00:15:25.000 --> 00:15:30.000
 [sil.]
 
 00:15:35.000 --> 00:15:40.000
 [sil.]
 
 00:15:50.000 --> 00:15:55.000
 [sil.]
 
 00:16:00.000 --> 00:16:05.000
 [sil.]
 
 00:17:00.000 --> 00:17:08.000
 [music]
 
 00:17:50.000 --> 00:17:58.000
 [non-English narration]
 
 00:18:55.000 --> 00:18:59.999
 In the office of the investigating judges,
 
 00:19:00.000 --> 00:19:04.999
 Cambodian and international teams
 were mobilized on the Duch case.
 
 00:19:05.000 --> 00:19:09.999
 They organized the reconstruction that promised
 to be a major step in the investigation.
 
 00:19:10.000 --> 00:19:14.999
 [sil.]
 
 00:19:15.000 --> 00:19:19.999
 Their objective was to
 bring Duch back to S-21.
 
 00:19:20.000 --> 00:19:24.999
 This I call S-21 (inaudible)and
 used for the confrontation
 
 00:19:25.000 --> 00:19:29.999
 early this week at S-21.
 
 00:19:30.000 --> 00:19:34.999
 Statement made by Duch\'s, nine statements
 here but we don\'t have all the number…
 
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 all the number at the S-21
 but we have at least…
 
 00:19:40.000 --> 00:19:44.999
 Sure, you can see number one here\'s, what,
 
 00:19:45.000 --> 00:19:49.999
 where Duch is talking about and now he also talking
 about building B, he is also talking about
 
 00:19:50.000 --> 00:19:58.000
 Building E ectectra.
 
 00:20:35.000 --> 00:20:43.000
 [music]
 
 00:21:30.000 --> 00:21:34.999
 The second case is focused on the
 four historic leaders of the regime.
 
 00:21:35.000 --> 00:21:39.999
 From the very start of the proceedings,
 
 00:21:40.000 --> 00:21:44.999
 they adopted a line of defense radically different
 from that of Duch, their former subordinate.
 
 00:21:45.000 --> 00:21:49.999
 To them, cooperating was
 out of the question.
 
 00:21:50.000 --> 00:21:54.999
 As the suspects denied any involvement
 in the crimes, each court appearance
 
 00:21:55.000 --> 00:21:59.999
 became a confrontation between their
 attorneys and the investigating judges,
 
 00:22:00.000 --> 00:22:04.999
 even being moved from their cells for routine
 interrogations on the conditions of their detention.
 
 00:22:05.000 --> 00:22:09.999
 [music]
 
 00:22:10.000 --> 00:22:18.000
 [sil.]
 
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 An historic figure of the Khmer Rouge
 revolution and Pol Pot\'s brother-in-law,
 
 00:22:30.000 --> 00:22:34.999
 Leng Sary was an early activist
 against French colonization.
 
 00:22:35.000 --> 00:22:39.999
 He discovered communism while a
 student in Paris in the 50s.
 
 00:22:40.000 --> 00:22:44.999
 That\'s where he first met his fellow
 founders of the Khmer Rouge movement.
 
 00:22:45.000 --> 00:22:50.000
 [sil.]
 
 00:23:05.000 --> 00:23:10.000
 [non-English narration]
 
 00:23:25.000 --> 00:23:29.999
 I would like to supplement the record.
 
 00:23:30.000 --> 00:23:34.999
 I would like to supplement the record.
 
 00:23:35.000 --> 00:23:39.999
 Mr. Leng Sary does not intend
 to uh… to be subjected to
 
 00:23:40.000 --> 00:23:44.999
 an interrogation by the investigative
 judges. I stated it today.
 
 00:23:45.000 --> 00:23:49.999
 I noted that it\'s not part of the record. I would
 like it part of the record of your summary record
 
 00:23:50.000 --> 00:23:54.999
 that I\'ve indicated that he does
 not intend to provide a statement.
 
 00:23:55.000 --> 00:24:00.000
 He is exercising his right to remain silent
 based on the advice of the Counsel. Thank you.
 
 00:24:10.000 --> 00:24:14.999
 [sil.]
 
 00:24:15.000 --> 00:24:19.999
 When Leng Sary was minister, the country was
 officially led by the Communist Party of Kampuchea.
 
 00:24:20.000 --> 00:24:24.999
 Decisions were made by a standing
 committee of seven members,
 
 00:24:25.000 --> 00:24:29.999
 including Pol Pot and the closest of his faithful.
 Together they ruled in an atmosphere of secrecy,
 
 00:24:30.000 --> 00:24:34.999
 obsession with interior
 enemies and incessant purges.
 
 00:24:35.000 --> 00:24:39.999
 Their decisions were handed down through
 the ranks and to the population
 
 00:24:40.000 --> 00:24:44.999
 as issued from the Angkar.
 
 00:24:45.000 --> 00:24:49.999
 Pol Pot escaped judgment. He died eight
 years before the tribunal was formed.
 
 00:24:50.000 --> 00:24:54.999
 The ages of the senior leaders
 
 00:24:55.000 --> 00:24:59.999
 by then, almost all octogenarians,
 presented a major risk
 
 00:25:00.000 --> 00:25:04.999
 to the Judge\'s work. An initial medical
 examination ordered by the defense
 
 00:25:05.000 --> 00:25:10.000
 even concluded that they were
 incapable of appearing in court.
 
 00:25:15.000 --> 00:25:19.999
 Prof La Fong, (ph) an international
 expert invalidated that first diagnosis
 
 00:25:20.000 --> 00:25:24.999
 and began to monitor them medically.
 If their health worsened,
 
 00:25:25.000 --> 00:25:30.000
 the entire judicial
 process would be at risk.
 
 00:25:40.000 --> 00:25:44.999
 [sil.]
 
 00:25:45.000 --> 00:25:49.999
 The reconstruction marked a major
 step in the investigation.
 
 00:25:50.000 --> 00:25:54.999
 The entire Toisling neighborhood
 was closed off by the army.
 
 00:25:55.000 --> 00:25:59.999
 The former interrogation center was off-limits to the
 public. The international court managed to accomplish
 
 00:26:00.000 --> 00:26:04.999
 what no one, victim, researcher,
 or historian, had ever imagined.
 
 00:26:05.000 --> 00:26:09.999
 30 years after the fall of
 the Khmer Rouge Regime,
 
 00:26:10.000 --> 00:26:14.999
 Duch made his first return visit to S-21.
 
 00:26:15.000 --> 00:26:23.000
 [sil.]
 
 00:26:30.000 --> 00:26:34.999
 In a room on the first floor of building A,
 
 00:26:35.000 --> 00:26:39.999
 Duch was confronted with one of his
 former subordinates. That was where
 
 00:26:40.000 --> 00:26:45.000
 important prisoners were held, notably a few westerners
 accused of espionage simply due to their origins.
 
 00:27:35.000 --> 00:27:40.000
 [sil.]
 
 00:27:55.000 --> 00:28:00.000
 [non-English narration]
 
 00:28:10.000 --> 00:28:15.000
 [non-English narration]
 
 00:28:30.000 --> 00:28:35.000
 [non-English narration]
 
 00:29:00.000 --> 00:29:05.000
 [non-English narration]
 
 00:29:25.000 --> 00:29:33.000
 [sil.]
 
 00:29:50.000 --> 00:29:54.999
 Seven S-21 survivors were identified at
 the fall of the regime. One of them,
 
 00:29:55.000 --> 00:29:59.999
 Bou Meng became a plaintiff at
 the opening of the proceedings.
 
 00:30:00.000 --> 00:30:05.000
 His wife, who was arrested at the
 same time he was, died at S-21.
 
 00:31:25.000 --> 00:31:30.000
 [sil.]
 
 00:31:45.000 --> 00:31:50.000
 [non-English narration]
 
 00:32:20.000 --> 00:32:24.999
 [sil.]
 
 00:32:25.000 --> 00:32:29.999
 Another survivor, Chum Mey
 also became a plaintiff.
 
 00:32:30.000 --> 00:32:34.999
 He had been brought to S-21 with
 his wife and newborn child.
 
 00:32:35.000 --> 00:32:43.000
 He never saw them again.
 
 00:32:50.000 --> 00:32:55.000
 [non-English narration]
 
 00:34:45.000 --> 00:34:53.000
 [non-English narration]
 
 00:35:05.000 --> 00:35:13.000
 [sil.]
 
 00:35:45.000 --> 00:35:53.000
 [sil.]
 
 00:35:55.000 --> 00:35:59.999
 Choeung Ek is another memorial
 to the Cambodian tragedy.
 
 00:36:00.000 --> 00:36:04.999
 There, a dozen kilometers from Phnom Penh,
 
 00:36:05.000 --> 00:36:09.999
 S-21 prisoners were transferred during
 the night to be clubbed to death
 
 00:36:10.000 --> 00:36:14.999
 and thrown into mass graves. Duch was
 confronted with his former executioners.
 
 00:36:15.000 --> 00:36:20.000
 Considering their subordinate roles, they
 were not prosecuted by the tribunal.
 
 00:36:35.000 --> 00:36:40.000
 [sil.]
 
 00:37:00.000 --> 00:37:05.000
 [non-English narration]
 
 00:37:10.000 --> 00:37:15.000
 [sil.]
 
 00:37:55.000 --> 00:38:00.000
 [non-English narration]
 
 00:38:05.000 --> 00:38:13.000
 [non-English narration]
 
 00:38:55.000 --> 00:39:03.000
 [sil.]
 
 00:42:05.000 --> 00:42:09.999
 [sil.]
 
 00:42:10.000 --> 00:42:14.999
 Another case, another tone. Jacques Verges
 is the attorney for accused Khieu Samphan,
 
 00:42:15.000 --> 00:42:19.999
 former Democratic Kampuchea head of state.
 He\'s even more personally involved
 
 00:42:20.000 --> 00:42:24.999
 in his client\'s defense, as he\'s an
 old pal of the Khmer Rouge leaders,
 
 00:42:25.000 --> 00:42:29.999
 whom he hung out with during their
 student days in Paris in the 50s.
 
 00:42:30.000 --> 00:42:34.999
 Khieu Samphan\'s attorneys filed an appeal
 on the grounds that the entire case file
 
 00:42:35.000 --> 00:42:39.999
 hadn\'t been translated into French,
 disrespecting the rights of the defense.
 
 00:42:40.000 --> 00:42:44.999
 Their request was rejected after a 4-hour
 hearing. According to the chamber,
 
 00:42:45.000 --> 00:42:49.999
 the essential contents of the file
 had certainly been either translated
 
 00:42:50.000 --> 00:42:54.999
 or summarized in English and in French. Jacque
 Verges was threatened with disciplinary measures
 
 00:42:55.000 --> 00:43:00.000
 if he continued to behave in what the court
 considered to be an obstructive attitude.
 
 00:45:15.000 --> 00:45:19.999
 [non-English narration]
 
 00:45:20.000 --> 00:45:28.000
 [sil.]
 
 00:45:30.000 --> 00:45:34.999
 For the first time in the
 history of international law,
 
 00:45:35.000 --> 00:45:39.999
 victims could become plaintiffs in these cases
 and claim symbolic and collective damages.
 
 00:45:40.000 --> 00:45:44.999
 The tribunal victims unit set up
 shop in the center of Phnom Penh
 
 00:45:45.000 --> 00:45:49.999
 and was responsible for filing
 the complaints. Little by little
 
 00:45:50.000 --> 00:45:54.999
 thousands of ordinary citizens
 became parties in the proceedings.
 
 00:45:55.000 --> 00:46:00.000
 [sil.]
 
 00:46:10.000 --> 00:46:15.000
 [sil.]
 
 00:47:50.000 --> 00:47:55.000
 [non-English narration]
 
 00:48:05.000 --> 00:48:10.000
 [non-English narration]
 
 00:48:20.000 --> 00:48:25.000
 [non-English narration]
 
 00:49:50.000 --> 00:49:54.999
 While they don\'t deny the suffering the
 population endured when they were in power,
 
 00:49:55.000 --> 00:49:59.999
 the four former rulers refused to
 take any responsibility for it.
 
 00:50:00.000 --> 00:50:04.999
 Who gave the orders?
 
 00:50:05.000 --> 00:50:09.999
 Who was responsible for the
 hundreds and thousands of victims?
 
 00:50:10.000 --> 00:50:14.999
 If the population was unaware of the names
 of its rulers, footage at that time flaunts
 
 00:50:15.000 --> 00:50:19.999
 images of the suspects at the
 forefront of the movement.
 
 00:50:20.000 --> 00:50:24.999
 The Khmer Rouge intended to implement a revolution
 that they wanted to be even more radical
 
 00:50:25.000 --> 00:50:29.999
 than the French, Russian,
 and Chinese revolutions.
 
 00:50:30.000 --> 00:50:34.999
 From 1975 to 1979, Cambodia
 lived in isolation,
 
 00:50:35.000 --> 00:50:39.999
 cut off from the rest of the world. Rate
 delegations from friendly countries
 
 00:50:40.000 --> 00:50:44.999
 were invited to make
 tightly controlled visits.
 
 00:50:45.000 --> 00:50:49.999
 After the fall of their regime, the Khmer Rouge
 withdrew to their historic jungle stronghold
 
 00:50:50.000 --> 00:50:54.999
 near the Thai border. In 1998, Pol
 Pot died there of natural causes.
 
 00:50:55.000 --> 00:50:59.999
 Hun Sen, the all-powerful prime minister,
 
 00:51:00.000 --> 00:51:04.999
 in power since the fall of the Khmer
 Rouge, saw that incident as an opportunity
 
 00:51:05.000 --> 00:51:09.999
 to reassert his authority through
 a national reconciliation.
 
 00:51:10.000 --> 00:51:14.999
 Khieu Samphan, Nuon Chea, leng Sary, and leng Tirith,
 were invited to the prime minister\'s home for tea,
 
 00:51:15.000 --> 00:51:19.999
 despite the fact that he had requested
 the assistance of the United Nations
 
 00:51:20.000 --> 00:51:24.999
 to judge the Khmer Rouge dignitaries the
 previous year. Hun Sen had strongly supported
 
 00:51:25.000 --> 00:51:29.999
 the creation of an international tribunal
 independent of political pressures.
 
 00:51:30.000 --> 00:51:34.999
 He monitored the investigation very,
 very closely. The Khmer Rouge period is
 
 00:51:35.000 --> 00:51:39.999
 still a particularly sensitive subject in Cambodia today,
 as some of the country\'s current political leaders
 
 00:51:40.000 --> 00:51:44.999
 were part of the regime\'s hierarchy
 in their youth. Unlike the Duch case
 
 00:51:45.000 --> 00:51:49.999
 which used the S-21 archives, there
 were few documents from the time
 
 00:51:50.000 --> 00:51:54.999
 illustrating the roles each of the suspects
 actually played. Among other leads,
 
 00:51:55.000 --> 00:51:59.999
 the investigating judges team analyzed Khmer
 Rouge propaganda. What evidence was there of
 
 00:52:00.000 --> 00:52:04.999
 where and when those leaders we\'re in the field? What did
 they see? What did they know about the hell their country
 
 00:52:05.000 --> 00:52:09.999
 was going through when they were in power?
 The investigators made it their priority
 
 00:52:10.000 --> 00:52:14.999
 to determine whether or not any
 links existed between the crimes
 
 00:52:15.000 --> 00:52:19.999
 and the four suspects. About
 20 sites were chosen.
 
 00:52:20.000 --> 00:52:24.999
 Work camps, detention centers, execution sites, mass
 graves, and infrastructure built by forced labor.
 
 00:52:25.000 --> 00:52:29.999
 The investigation spread
 across the entire country.
 
 00:52:30.000 --> 00:52:34.999
 The situation we have here is
 
 00:52:35.000 --> 00:52:39.999
 we\'re investigating the deaths of
 
 00:52:40.000 --> 00:52:44.999
 1.7 million is the estimate, you
 know, through killing, starvation,
 
 00:52:45.000 --> 00:52:49.999
 disease, etc and at full strength
 
 00:52:50.000 --> 00:52:54.999
 we have 12 investigators. Well, you could… you
 could probably say that everybody in this country
 
 00:52:55.000 --> 00:52:59.999
 over the age of, what, 50
 is potentially a witness to
 
 00:53:00.000 --> 00:53:04.999
 umm… crimes committed by the Khmer Rouge.
 
 00:53:05.000 --> 00:53:09.999
 Well, it\'s impossible for us to…
 to interview all of those people.
 
 00:53:10.000 --> 00:53:14.999
 So we have to make choices exactly.
 
 00:53:15.000 --> 00:53:19.999
 Officers who had held intermediary posts in the
 Khmer Rouge system, were the first to be targeted.
 
 00:53:20.000 --> 00:53:24.999
 The Judges combed the provinces,
 particularly the areas that long remained
 
 00:53:25.000 --> 00:53:29.999
 under Khmer Rouge influence. They repeated
 the same message wherever they went.
 
 00:53:30.000 --> 00:53:34.999
 Only senior leaders and those primarily
 responsible for the crimes could be indicted.
 
 00:53:35.000 --> 00:53:39.999
 Their subordinates we\'re in
 no danger of prosecution.
 
 00:53:40.000 --> 00:53:44.999
 They were solicited to become insiders,
 
 00:53:45.000 --> 00:53:49.999
 inside witnesses, who would feed the
 investigation and who could testify anonymously.
 
 00:53:50.000 --> 00:53:54.999
 One of the main difficulties
 in the investigators work
 
 00:53:55.000 --> 00:53:59.999
 had to do with the geography of the
 country. Reaching certain regions
 
 00:54:00.000 --> 00:54:04.999
 required long hours on the road.
 We are on the road
 
 00:54:05.000 --> 00:54:09.999
 and I\'m traveling uh… I\'m traveling
 in in Battambang Province.
 
 00:54:10.000 --> 00:54:14.999
 From Battambang town, I\'m
 going to a location called
 
 00:54:15.000 --> 00:54:19.999
 (inaudible), it\'s a village
 right on the Thai border.
 
 00:54:20.000 --> 00:54:24.999
 Maps were inaccurate
 
 00:54:25.000 --> 00:54:29.999
 and information incomplete. No
 civil status, no precise addresses
 
 00:54:30.000 --> 00:54:34.999
 and towns were spread across dozens of
 kilometers. To track down some witnesses,
 
 00:54:35.000 --> 00:54:39.999
 all they had was a revolutionary nickname.
 We have to go back.
 
 00:54:40.000 --> 00:54:44.999
 One part of the investigation
 
 00:54:45.000 --> 00:54:49.999
 concerned the deportation of urban
 populations to the country.
 
 00:54:50.000 --> 00:54:54.999
 Was that operation planned ahead
 of time or improvised in chaos?
 
 00:54:55.000 --> 00:54:59.999
 In Battambang, the capital of the northwestern
 province, investigators found one key witness,
 
 00:55:00.000 --> 00:55:05.000
 the former station master who
 saw the convoys pass by.
 
 00:55:20.000 --> 00:55:24.999
 Uh… okay. This was just a…
 
 00:55:25.000 --> 00:55:29.999
 just a stop over. Okay.
 
 00:55:30.000 --> 00:55:34.999
 [non-English narration]
 
 00:55:35.000 --> 00:55:39.999
 They were like soldiers guarding. They did
 not allow people to get out of the train.
 
 00:55:40.000 --> 00:55:44.999
 [sil.]
 
 00:55:45.000 --> 00:55:49.999
 Did you notice whether
 the people in the train
 
 00:55:50.000 --> 00:55:54.999
 had drinks, food, could you observe that?
 
 00:55:55.000 --> 00:55:59.999
 I never saw they have.
 
 00:56:00.000 --> 00:56:05.000
 [sil.]
 
 00:56:10.000 --> 00:56:14.999
 Even like babies.
 
 00:56:15.000 --> 00:56:19.999
 At the station here, do you know
 who was the person who coordinated
 
 00:56:20.000 --> 00:56:24.999
 the transit of the trains? From interrogation to
 interrogation, the investigators attempted to
 
 00:56:25.000 --> 00:56:29.999
 reconstruct how orders were transmitted
 within the Khmer Rouge hierarchy.
 
 00:56:30.000 --> 00:56:34.999
 The order over there, where the further process
 was coordinated by the district level,
 
 00:56:35.000 --> 00:56:39.999
 which implies good
 planning and coordination
 
 00:56:40.000 --> 00:56:44.999
 between different levels,
 central and district.
 
 00:56:45.000 --> 00:56:49.999
 Obviously we don\'t have the
 linkage because we don\'t have
 
 00:56:50.000 --> 00:56:54.999
 an insider weakness to prove that.
 We have names of people
 
 00:56:55.000 --> 00:56:59.999
 who were possibly purged. Actually
 for sure some of them had been
 
 00:57:00.000 --> 00:57:04.999
 because they mentioned in PB\'s, you know,
 the Khmer Rouge cadres have been purged.
 
 00:57:05.000 --> 00:57:09.999
 Another important uh… Once important
 witnesses had been identified,
 
 00:57:10.000 --> 00:57:14.999
 the difficulties had often only just begun.
 We have a new one from Paolo last mission,
 
 00:57:15.000 --> 00:57:19.999
 his name is (inaudible).
 He is deputy chief of
 
 00:57:20.000 --> 00:57:24.999
 military police in Battambang currently.
 He say, I\'m willing to testify
 
 00:57:25.000 --> 00:57:29.999
 but you have like all the others,
 you\'ve to go through my ministry.
 
 00:57:30.000 --> 00:57:34.999
 Mr. (inaudible) he was the head of the Tram Kok
 district during the regime. Yeah, exactly.
 
 00:57:35.000 --> 00:57:39.999
 So that, has each didn\'t want to be
 interviewed? He wants, he wants but he said
 
 00:57:40.000 --> 00:57:44.999
 due to my position as the military
 police, you have to ask my superior.
 
 00:57:45.000 --> 00:57:49.999
 That\'s the usual response?
 Yeah, they all say the same.
 
 00:57:50.000 --> 00:57:54.999
 [sil.]
 
 00:57:55.000 --> 00:57:59.999
 Criminal law is based on the fundamental
 rule of individual responsibility.
 
 00:58:00.000 --> 00:58:04.999
 Yet in mass crimes, it\'s often impossible
 to establish who gave the orders.
 
 00:58:05.000 --> 00:58:09.999
 Confronted with this problem, the International
 Court came up with the specific notion,
 
 00:58:10.000 --> 00:58:14.999
 The Joint Criminal Enterprise.
 To substantiate that approach,
 
 00:58:15.000 --> 00:58:19.999
 the judges had one witness at their disposal who knew
 the Khmer Rouge hierarchy from the inside, Duch.
 
 00:58:20.000 --> 00:58:25.000
 [sil.]
 
 00:59:00.000 --> 00:59:05.000
 [sil.]
 
 01:00:20.000 --> 01:00:25.000
 [sil.]
 
 01:01:00.000 --> 01:01:08.000
 [sil.]
 
 01:01:10.000 --> 01:01:14.999
 Had there been genocide in
 Cambodia, according to the law,
 
 01:01:15.000 --> 01:01:19.999
 the definition of genocide is limited to crimes
 committed with the intent of eliminating
 
 01:01:20.000 --> 01:01:24.999
 a national, ethnic, or religious group of
 people. The question of genocide arose
 
 01:01:25.000 --> 01:01:29.999
 in particularly in the region for the east,
 where a substantial Muslim community resides,
 
 01:01:30.000 --> 01:01:34.999
 the Chum people. The
 investigators identified
 
 01:01:35.000 --> 01:01:39.999
 a former Khmer Rouge militia chief who still
 lived in the village where he had served
 
 01:01:40.000 --> 01:01:44.999
 30 years earlier. As the former prisoner of
 
 01:01:45.000 --> 01:01:49.999
 (inaudible)
 
 01:01:50.000 --> 01:01:54.999
 and from those victims they told me about
 
 01:01:55.000 --> 01:01:59.999
 the identity of this guy.
 
 01:02:00.000 --> 01:02:04.999
 Are you a Sunni Muslims or Shia Muslims?
 Uh, umm… Sunni.
 
 01:02:05.000 --> 01:02:09.999
 Are the Chum\'s here, are they viewed by…
 
 01:02:10.000 --> 01:02:14.999
 viewed with some suspicion by
 Khmer people around or is it…
 
 01:02:15.000 --> 01:02:19.999
 No… No problem. Everyone\'s
 happy together? Yes. Okay.
 
 01:02:20.000 --> 01:02:24.999
 The investigation had to determine if the Chum
 people had been suppressed as a religious community
 
 01:02:25.000 --> 01:02:29.999
 or if they had been subjected to the same
 persecutions as the entire population
 
 01:02:30.000 --> 01:02:38.000
 no more or no less.
 
 01:02:50.000 --> 01:02:54.999
 And did you have any other names
 an alias or a revolutionary name?
 
 01:02:55.000 --> 01:02:59.999
 [non-English narration]
 
 01:03:00.000 --> 01:03:04.999
 No, no alias.
 
 01:03:05.000 --> 01:03:09.999
 And as a village militia,
 
 01:03:10.000 --> 01:03:15.000
 what did comrade Sang(ph) tell you your duties
 were? What did you actually have to do?
 
 01:03:20.000 --> 01:03:24.999
 [non-English narration]
 
 01:03:25.000 --> 01:03:29.999
 I didn\'t know what the reason but all
 the Chum were arrested at that time.
 
 01:03:30.000 --> 01:03:34.999
 [non-English narration]
 
 01:03:35.000 --> 01:03:39.999
 So what happened to them after
 they had been arrested?
 
 01:03:40.000 --> 01:03:44.999
 They took them all into the Pagoda.
 
 01:03:45.000 --> 01:03:49.999
 And what next?
 
 01:03:50.000 --> 01:03:54.999
 They clubbed them to death
 in front of the Pagoda.
 
 01:03:55.000 --> 01:03:59.999
 Are you ready? Yes. Okay.
 
 01:04:00.000 --> 01:04:04.999
 [sil.]
 
 01:04:05.000 --> 01:04:09.999
 We went to the same village
 that we were in yesterday
 
 01:04:10.000 --> 01:04:14.999
 and the security people would come… come there or even when
 they were all working in the rice fields, they would come there
 
 01:04:15.000 --> 01:04:19.999
 and they would identify the Chum.
 He said… he said that
 
 01:04:20.000 --> 01:04:24.999
 they could identify the Chum
 because, from their accent.
 
 01:04:25.000 --> 01:04:29.999
 You know, normally from the accent,
 because normally they don\'t speak Khmer,
 
 01:04:30.000 --> 01:04:38.000
 they have their own language.
 
 01:06:15.000 --> 01:06:19.999
 Beginning with S-21 then spreading
 across all of Cambodia,
 
 01:06:20.000 --> 01:06:24.999
 the investigation became international.
 
 01:06:25.000 --> 01:06:29.999
 Correspondents from that time between Paris
 
 01:06:30.000 --> 01:06:34.999
 and its embassies in the far-east, until
 recently classified as top secret,
 
 01:06:35.000 --> 01:06:40.000
 revealed that some direct witnesses had already indicated
 precise links between the crimes and the suspects.
 
 01:08:05.000 --> 01:08:13.000
 [music]
 
 01:08:15.000 --> 01:08:19.999
 And the crimes did occur. Certainly,
 
 01:08:20.000 --> 01:08:24.999
 uh… your father who was minister of
 foreign affairs, was not involved
 
 01:08:25.000 --> 01:08:29.999
 uh… in… in any enter…
 joint criminal enterprise
 
 01:08:30.000 --> 01:08:34.999
 and certainly was not involved in
 issuing any orders or participating in
 
 01:08:35.000 --> 01:08:39.999
 any criminal activity. What
 they have to establish is that…
 
 01:08:40.000 --> 01:08:44.999
 that your father\'s
 
 01:08:45.000 --> 01:08:49.999
 uh… would have been aware…
 
 01:08:50.000 --> 01:08:54.999
 Your father would have been aware, they had
 people beneath him that he had control,
 
 01:08:55.000 --> 01:08:59.999
 effective control and command
 uh… committing crimes.
 
 01:09:00.000 --> 01:09:04.999
 And he failed to prevent them or
 failed to punish them afterwards,
 
 01:09:05.000 --> 01:09:09.999
 that this tribunal,
 
 01:09:10.000 --> 01:09:14.999
 uh… which is in a special chamber within
 the Cambodian court is like a charade.
 
 01:09:15.000 --> 01:09:19.999
 The judges are not really that qualified,
 whether they are Cambodian or international,
 
 01:09:20.000 --> 01:09:24.999
 their decisions are not that
 
 01:09:25.000 --> 01:09:29.999
 uh… legally sound. As the end
 of the investigation approach
 
 01:09:30.000 --> 01:09:34.999
 (inaudible) were focused on the French
 judge. He had called former king Sihanouk
 
 01:09:35.000 --> 01:09:39.999
 as a witness. An historic figure in
 Cambodia, he had for a time alight himself
 
 01:09:40.000 --> 01:09:44.999
 for the Khmer Rouge. The former king declined to
 be interviewed. This time the judge intended to
 
 01:09:45.000 --> 01:09:49.999
 interview current National Assembly and senate presidents,
 as well as two vice prime ministers of the government
 
 01:09:50.000 --> 01:09:54.999
 who had held intermediary offices
 at the time of the Khmer Rouge
 
 01:09:55.000 --> 01:09:59.999
 and who could cast essential
 light on the investigation.
 
 01:10:00.000 --> 01:10:05.000
 The prime minister himself sent a
 warning to the International Court.
 
 01:11:25.000 --> 01:11:33.000
 [sil.]
 
 01:11:35.000 --> 01:11:39.999
 Despite all the obstacles, the proceedings
 took a decisive turn in the spring of 2009.
 
 01:11:40.000 --> 01:11:44.999
 Once investigation of the Duch case was
 completed, the first trial could open.
 
 01:11:45.000 --> 01:11:49.999
 It was a historic moment for the Cambodian
 people. All crimes are committed by
 
 01:11:50.000 --> 01:11:54.999
 the CPK(ph) and myself.
 
 01:11:55.000 --> 01:11:59.999
 As the member of the party I
 acknowledge and apologize.
 
 01:12:00.000 --> 01:12:04.999
 As the member of the party.
 So I would like to
 
 01:12:05.000 --> 01:12:09.999
 seek for apologies
 
 01:12:10.000 --> 01:12:14.999
 before my people and my nation.
 
 01:12:15.000 --> 01:12:19.999
 [sil.]
 
 01:12:20.000 --> 01:12:24.999
 Just as he did privately before the
 judges during the investigation,
 
 01:12:25.000 --> 01:12:29.999
 Duch talked, this time publicly.
 He spoke to the entire nation.
 
 01:12:30.000 --> 01:12:38.000
 [sil.]
 
 01:12:45.000 --> 01:12:49.999
 For the dignitaries, the investigation was winding
 up. Based and the results of their investigation,
 
 01:12:50.000 --> 01:12:54.999
 the judges actually augmented the
 charges against the suspects.
 
 01:12:55.000 --> 01:13:03.000
 [sil.]
 
 01:13:45.000 --> 01:13:50.000
 [sil.]
 
 01:14:00.000 --> 01:14:05.000
 [sil.]
 
 01:14:15.000 --> 01:14:20.000
 [non-English narration]
 
 01:15:15.000 --> 01:15:20.000
 [sil.]
 
 01:15:50.000 --> 01:15:55.000
 [sil.]
 
 01:16:00.000 --> 01:16:08.000
 [sil.]
 
 01:16:15.000 --> 01:16:20.000
 [sil.]
 
 01:16:30.000 --> 01:16:35.000
 [sil.]
 
 01:16:50.000 --> 01:16:54.999
 Khieu Samphan and the three other
 rulers stuck to their positions.
 
 01:16:55.000 --> 01:16:59.999
 They even refuted the
 legitimacy of the judges.
 
 01:17:00.000 --> 01:17:04.999
 [sil.]
 
 01:17:05.000 --> 01:17:09.999
 Before their arrest, they had
 told journalists and historians
 
 01:17:10.000 --> 01:17:14.999
 that they had only learned of the extent of the
 tragedy long after the fall of their regime.
 
 01:17:15.000 --> 01:17:19.999
 [sil.]
 
 01:17:20.000 --> 01:17:24.999
 On September 16, 2010,
 
 01:17:25.000 --> 01:17:29.999
 the judges announced that they had terminated their
 investigation. The evidence they had gathered
 
 01:17:30.000 --> 01:17:34.999
 over the course of the three-year
 investigation made up a case file of
 
 01:17:35.000 --> 01:17:39.999
 350,000 pages of documents,
 experts reports,
 
 01:17:40.000 --> 01:17:44.999
 statements, and testimony.
 
 01:17:45.000 --> 01:17:49.999
 The evidence was sufficiently serious
 
 01:17:50.000 --> 01:17:54.999
 and corroborating to open what promised
 to be the trial of the regime.
 
 01:17:55.000 --> 01:17:59.999
 Even 30 years after the events,
 international law in Cambodia
 
 01:18:00.000 --> 01:18:04.999
 carries on the momentum born in
 Nuremberg and continued in Rwanda
 
 01:18:05.000 --> 01:18:09.999
 and the former Yugoslavia.
 Even if it fails to shed light
 
 01:18:10.000 --> 01:18:14.999
 on everything, it reminds
 us all that some crimes
 
 01:18:15.000 --> 01:18:20.000
 will never be forgotten.
