[Congressional Record Volume 143, Number 129 (Wednesday, September 24, 1997)]
[Senate]
[Pages S9897-S9898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 124--RELATIVE TO AN INTERNATIONAL TRIBUNAL FOR CRIMES 
                            AGAINST HUMANITY

  Mr. ROTH (for himself, Mr. Thomas, Mrs. Feinstein and Mr. Grams) 
submitted the following resolution; which was referred to the Committee 
on the Judiciary:

                              S. Res. 124

       Whereas, the Khmer Rouge recently staged a show trial of 
     Pol Pot, the reputed leader of the Khmer Rouge during the 
     Cambodian genocide;
       Whereas, the Khmer Rouge have been promoting their National 
     Solidarity Party and proclaiming their support for ``liberal 
     democracy'' as a means to legitimate their role in Cambodian 
     politics;
       Whereas, while the Khmer Rouge have been weakened since the 
     Paris Peace Accords of 1991, they remain a key source of 
     violence in Cambodia;

[[Page S9898]]

       Whereas, Cambodian People's Party leader and Second Prime 
     Minister Hun Sen staged a bloody and illegal coup against the 
     First Prime Minister and leader of the FUNCINPEC Party, 
     Norodom Ranaridhh;
       Whereas, Hun Sen maintains that the coup was necessary 
     because elements of FUNCINPEC were on the verge of 
     consummating a deal to bring the Khmer Rouge military and 
     political organization into the legitimate political arena;
       Whereas, Norodom Ranariddh, by contrast, has argued that 
     FUNCINPEC had no plan to form an alliance with the Khmer 
     Rouge and that this allegation was used as a pretext by Hun 
     Sen for the coup;
       Whereas, Norodom Ranaridhh asserts instead that he was on 
     the verge of finally destroying the Khmer Rouge and bringing 
     them to justice;
       Whereas, Norodom Ranaridhh further asserts that the real 
     reason for the coup was that Hun Sen fears that convening an 
     international tribunal to bring the Khmer Rouge to justice 
     would implicate Hun Sen in genocidal atrocities;
       Whereas, Hun Sen has consistently argued that the top Khmer 
     Rouge leadership--including, but not limited to Pol Pot--must 
     be brought to justice before an international criminal 
     tribunal;
       Whereas, earlier this year, Norodom Ranariddh and Hun Sen 
     wrote to United Nations Secretary-General Kofi Annan asking 
     for ``the assistance of the United Nations and the 
     international community in bringing to justice those persons 
     responsible for genocide and crimes against humanity during 
     the rule of the Khmer Rouge from 1975 to 1979'';
       Whereas, after the coup, troops loyal to Norodom Ranariddh 
     appear to have formed a military alliance with troops loyal 
     to the Khmer Rouge leadership, thus reinforcing the fears of 
     the Cambodia people that the Khmer Rouge will use any means 
     necessary to regain power;
       Whereas, peace, democracy, stability, the rule of law and 
     national reconciliation in Cambodia are unlikely to be 
     achieved until the Khmer Rouge are brought to justice;
       Whereas, the Cambodian Genocide Justice Act states that it 
     is the policy of the United States to support efforts to 
     bring to justice members of the Khmer Rouge for their crimes 
     against humanity, and in circumstances which the President 
     deems appropriate, to encourage the establishment of an 
     international criminal tribunal for the prosecution of those 
     accused of genocide in Cambodia and provide such tribunal 
     with relevant information;
       Resolved, That it is the sense of the Senate that:
       (1) a primary objective of U.S. policy toward Cambodia 
     should be the establishment of an international tribunal for 
     the prosecution those responsible for the Cambodian genocide;
       (2) in compliance with the Cambodian Genocide Justice Act 
     and the objectives stated above, the President should 
     immediately deem it appropriate to encourage the 
     establishment of an international criminal tribunal for the 
     prosecution of such members of the Khmer Rouge;
       (3) in further compliance with the Cambodian Genocide 
     Justice Act, the United States should support efforts to 
     bring members of the Khmer Rouge--including Pol Pot--to 
     justice for their crimes against humanity before an 
     international tribunal, including providing that tribunal 
     with any information available on such members' involvement 
     in the Cambodian genocide;
       (4) the Secretary of State should encourage all Member 
     countries of the Association of Southeast Asian Nations, the 
     People's Republic of China, Japan and other interested 
     countries to support such a tribunal.

  Mr. ROTH. Mr. President, I rise today on behalf of myself, Mr. 
Thomas, Mrs. Feinstein, and Mr. Grams to a sense-of-the-Senate 
resolution that the Khmer Rouge and other participants in the Cambodian 
genocide should be brought to justice before an international tribunal.
  Just a couple of months ago, we witnessed the grotesque spectacle of 
a Khmer Rouge show trial of Pol Pot, the Leader of the Khmer Rouge 
during its genocidal reign in the 1970's. In July, Cambodian People's 
Party leader and Second Prime Minister Hun Sen staged a bloody coup 
against the First Prime Minister and leader of the FUNCINPEC Party, 
Norodom Ranariddh.
  Hun Sen has claimed the coup was necessary because Norodom Ranaridhh 
was attempting to gain Khmer Rouge support for his party.
  Norodom Ranaridhh, on the other hand, has labeled Hun Sen's 
allegations a false pretext for the coup. Norodom Ranaridhh has also 
asserted that Hun Sen fears an international tribunal on the Cambodian 
genocide would implicate Hun Sen for atrocities he committed during his 
tenure as a senior Khmer Rouge official.
  Finally, troops loyal to Norodom Ranariddh now appear to have formed 
a military alliance with troops loyal to the Rhmer Rouge leadership, 
thus reinforcing the fears of the Cambodia people that the Khmer Rouge 
will use any means necessary to regain power.
  These events and the assertions of the two Prime Ministers 
demonstrate that while the Khmer Rouge have been weakened since the 
Paris Peace Accords of 1991, they remain central to the continuing 
conflict in Cambodia. Recent events also demonstrate that the 
objectives of bringing peace, democracy, national reconciliation, and 
the rule of law to Cambodia are likely to remain out of reach until the 
Khmer Rouge are brought to justice.
  What this resolution does, Mr. President, is make it clear that an 
international tribunal is essential if we are to achieve these 
objectives. It also points out that before the coup and before their 
allegations against one another about their respective involvement with 
the Khmer Rouge, Norodom Ranariddh and Run Sen wrote a joint letter to 
U.N. Secretary-General Kofi Annan asking for U.N. assistance in 
convening such a tribunal.
  We should take them up on their request because removing the Khmer 
Rouge as a military and political force in Cambodia is essential if we 
are to avoid another slide toward authoritarianism and war. I believe 
an international tribunal will also prevent the Khmer Rouge from 
succeeding in their transparent attempt to emerge as a legitimate 
political force in Cambodia. Indeed, at the show trial of Pol Pol they 
staged, the Khmer Rouge loudly proclaimed their support for liberal 
democracy. Other members of the Khmer Rouge have been promoting the 
National Solidarity Party to give Khmer Rouge a legitimate voice in 
Cambodian politics.
  According to the Yale Cambodian Genocide project, the principal 
organization documenting atrocities committed by the Khmer Rouge, such 
a tribunal ``would soon return indictments against all or most of the 
current Khmer Rouge leadership.
  Mr. President, the Cambodian tragedy will never end until the Khmer 
Rouge are brought to justice. I offer this resolution to move us closer 
to that goal and to demonstrate this body's continued interest in the 
development of a free, democratic, and peaceful Cambodia.

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