Between 1975 and 1979 the Khmer leaders in Cambodia committed crimes against humanity causing the deaths of up to 2 million people. The newly created UN-backed Extraordinary Chamber in the Courts of Cambodia (ECCC) seeks to prosecute five Khmer leaders for their crimes. The first to face charges is Kaing Gech Eav (Duch), chief of the Tuol Sleng prison, where torture was a daily fact. 

However, the tribunal, which consists of domestic Cambodian judges as well as international judges and co-prosecutors, faces allegations of corruption and misconduct. The Cambodian jurisdiction is known as being of low professional standard, susceptible to corruption and political influence. The UN had initially refused to cooperate, precisely because of the fear of an unfair and improper tribunal. Sara Colm, senior researcher at Human Rights Watch Cambodia still warns “Any hint of political manipulation at the tribunal will undermine its credibility with the Cambodian people. Until allegations of corruption and improper interference by the government are investigated and resolved, the tribunal’s integrity as a legitimate and independent court will remain in question.”

The first problem arose when Cambodian co-prosecutors refused to admit 6 further Khmer suspects to the case, arguing that the country’s need for political stability and reconciliation did not allow additional suspects to be charged. Colm states that “By allowing political considerations to block additional indictments, the Khmer Rouge tribunal is failing the most basic test of its independence and its credibility. Human Rights Watch further more urges the main sponsors of the tribunal; the USA, Japan, France, Australia, who are all in all giving over 50 million US dollar, to press for a fair and flawless trial.