In 2006, I was in the ICTY (Yugoslavia tribunal) courtroom when the largest multiple accused genocide case in the history of international criminal law started, a case that dealt (and is still on going) with the Srebrenica genocide in Bosnia. In 2007, I watched the very first public hearing at this Khmer Rouge tribunal, which signified that Cambodia's 30 year wait for justice was beginning. Last year, I watched as the very first oral submission made by a victim and civil party in an international criminal case occurred, actually sitting right next to them as they did it. It was dumb luck that I stumbled into these situations, and I count my lucky stars often that I am afforded the opportunity to do such work and witness and/or participate in these events.
Yet, today's historic event will always hold a special place in my memory, forever engrained in my conscience. Today, the trial against Kaing Guek Eav alias DUCH started in earnest with my bosses, Robert Petit and Chea Leang, making their opening statements, which was followed by an admission of guilt by the Accused, Comrade DUCH. He was the prison chief of the notorious S-21 - Tuol Sleng prison where roughly 12,000 people were interrogated, tortured, and killed. Only a handful of people walked away alive.
On a professional level, I contributed in large part to the drafting, editing, and organizing of the opening statement (although, not the level of Stuart Ford....great work Stuart!). So, it was rewarding to see my work displayed (albeit only bits and pieces) at such a moment. However, this historic moment itself was truly amazing, in every sense of the word. The process of justice, truth, and reconciliation for Cambodia was actually starting, not just an idea on paper anymore. I sat behind a S-21 - Tuol Sleng survivor (I do not feel comfortable releasing his name...sorry) as I watched from the public gallery. As our opening statement was given, there were particular sections detailing the crimes committed against detainees at S-21 - Tuol Sleng. And at certain points, this survivor broke down crying by just hearing the words that described what he and many many others like him went through emotionally, physically, and mentally. I, like most others, got teary eyed just being in such close proximity to this.
Yet, I witnessed the flip side of justice and reconcilliation as well, the side seldom seen and rarely expected. During the past two days of the trial, I sat behind this same survivor, and on about four occasions when the trial hearings would go into a break, DUCH would have to walk by the huge glass divider that separates the gallery from the courtroom and he has to walk right in front of this survivor. And on each occasion, the unexpected occurs right in front of my eyes. DUCH looks at the survivor, smiles, and either waives, salutes, or puts the palms of his hands together in the traditional SouthEast Asian pose, and the survivor smiles back and reciprocates the same hand gesture, sometimes even laughing. What unfolded before my eyes is a pleasant, unforced exchange between a former prisoner who still carries mental and physical scars and the man responsible for inflicting those scars, and responsible for torturing and killing his friends and family. I will not try to put all of this into context for worry that I would ruin encapsulating this moment, but suffice to say that at least for one survivor and one culprit, the process of coming to terms with what happened to them is starting.
I also witnessed an moment that I only wish I was allowed a camera to capture (court bans cameras inside the public gallery). As I sat in this courtroom filled with ambassadors, dignitaries, NGO officials, but most importantly, Cambodians who survived the Khmer Rouge, from my seat, my line of sight was directly in line with three men...Robert Petit giving the opening statement....next I could see DUCH sitting there hearing the case against him and the horrors he participated in....and finally, I saw the same survivor I mentioned before watching all of this happen. Truly hard to put into words what it was like to see this.
These first links are good and informative news stories about today's events. The New York Times article actually quotes a line that I wrote for Robert and that he delivered beautifully. I encourage you to watch the videos in these links as well, particularly the last one as well as the CNN slideshow that has accompanying audio from Christian Amanpour.
For those even more interested, I include links to stories that show a critical look at the trials in the context of today's events. Recommended for sure.
For those with an insatiable appetite for this court, I strongly recommend checking the http://www.eccc.gov.kh/ and http://www.cambodiatribunal.org/ website in the next few days to watch the actual opening statements. Stirring and gut wrenching words, pictures, and videos.
