By: Danielle L. Gwozdz
Impunity Watch News Reporter, Africa

PHNOM, PENH – The international prosecutor of Khmer Rouge’s tribunal has quit. The prosecutor Andrew Cayley resigned as the court prepares closing arguments in its first mini-trial of two surviving Khmer Rouge leaders.  Cayley was appointed the position in December 2009.

International Prosecutor Andrew Cayley (photo courtesy of VOA)

Britain’s Cayley stated that he resigned this post due to personal reasons. He told the VOA that it was no surprise that he would be resigning this year. However, he did not elaborate on the subject and told VOA that this would not affect the ongoing prosecutions under his authority.

Cayley’s resignation is to be effective on September 16.

This departure comes at a crucial time in the court’s prosecution of two surviving Khmer Rouge leaders: Nuon Chea and Khieu Samphan.

It is believed that these two leaders are responsible for the deaths of two million people between 1975 and 1979. Nuon Chea was Pol Pot’s deputy, and Khieu Samphan was head of state.

Both leaders are now in their 80’s for this trial, and their leader Pol Pot died in 1998.

The trial before the court is said to be so complex that the court divided it into a number of smaller trials. The first of these mini-trials concluded in July and since then the prosecution, defense, and the lawyers for the civil parties have been preparing their closing statements.

The prosecution, defense, and lawyers are scheduled to file their submissions at the end of September, and the court is scheduled to hear oral arguments in October. A judgment is expected next year.

Although this trial is complex, Cayley states that the process was on track as far as the prosecution was concerned.

“What I’ve done in the past month – which I undertook to the UN to do – is I’ve put in place measures basically that the case will continue to a proper conclusion,” said Cayley. “Our written submissions are almost complete and will be ready to be filed on the 26th of September. So yes, it’s not an ideal situation, but certainly the office is well prepared for my departure. And the office is not just about me – it’s about a whole team of people working together, and me departing is not going to affect the quality of the work.”

This under-funded tribunal has been plagued by numerous problems since its creation in 2006.

Recently, about 200 Cambodian employees at the court walked off the job last week to demand months of back wages. The Cambodian side of court, which lacks $3million in funding, has also dealt with allegations of mismanagement and corruption.

This strike could delay the court’s efforts to hear closing submissions in October.

The UN’s role is to fund the international side. However, in recent weeks the UN’s secretary General Ban Ki-moon warned that the court could collapse. He asked the countries to donate $3million needed to keep the national side running until the end of the year.

“Looking at my national colleagues, it’s not just critical for the functioning of the court; it’s actually critical to their lives,” said Cayley. “These are people who haven’t been paid for several months, and they have families that need to be supported. That’s why I think it needs to be resolved as quickly as possible.”

Cayley’s replacement is U.S. lawyer Nicholas Koumjian, who has worked previously at the Special Court for Sierra Leone and the International Criminal Tribunal for the former Yugoslavia. Koumjian is scheduled to arrive in Cambodia next month.

For further information, please visit:

Voice of America (VOA) – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
TheInnoPlexION – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
GlobalSecurity.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013
Pakistan.com – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
SILObreaker – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
ViralNewsChart – Key Prosecutor Quits UN-Backed War Crimes Tribunal – 9 September 2013
KKYBA.org – Key Prosecutor Quits UN-Backed Cambodia War Crimes Tribunal – 9 September 2013

Author: Impunity Watch Archive