-and comparison with two historiesKentaro Matsumura

1. Post-Dictatorship Transition▪ After the civil war to 2000
▪ Why Hun Sen did not changed his way of governing?
▪ Why International Community did not work?

2. Post-Conflict Transition▪ After the 21th Century▪ What happened in the justice court and the truth commission?
▪ How did International Community commit?

▪ Background: Pol Pot Administration (China) vs. Vietnam(Soviet)▪ After collapse of Pol Pot Administration: Trinity Confliction▪ Vietnam-Friendly Admin▪ Pol Pot-Friendly Actors▪ King Sihanouk-Friendly Actors▪ Hun Sen gained the initiative in the government▪ Made the most of this complex disorder▪ International Society didn’t pay attention too much to this fact▪ In 1990’s…
▪ Vietnam-Friendly Admin→ collapse (Vietnam Leader dead)▪ Pol Pot-Friendly Actors→ oppressed (International Conferences)▪ King Sihanouk-Friendly Actors→ Won (with Hun Sen)
▪ International Action▪ Four Conferences:▪ In Paris (2 times)▪ In Japan▪ In United Nations▪ UNTAC (United Nations Transitional Authority in Cambodia)▪ Constitution▪ Election with Freedom▪ With PKO (Peace Keeping Operation)▪ In 1998…
▪ Hun Sen did a Coup d‘etat against King Sihanouk▪ Won the position of the top in Cambodia▪ Originally when he gained the power?: in the confusion around 1985
▪ Conclusion:▪ International Community: worked. They did their best.
▪ Rule-Based Election▪ Constitution▪ Constitutional democracy▪ But they cannot reach Hun Sen▪ He climbed at the top long before international intervention▪ After Coup d‘etat, intervention = against International Law

▪ ECCC: the Extraordinary Chambers in the Courts of Cambodia▪ Set in 2006
▪ Hybrid with two departments:▪ Truth Commission▪ International Criminal Court▪ Harsh Processes▪ Phase 1: Main actor is UN or Cambodia itself?
▪ Phase 2: Basic rule is International Law or Domestic Law?

▪ Terrible Delay▪ About 1 year delay▪ Visible and Invisible Reason:▪ Conflict between international and domestic lawyers▪ Several Ministers of Hun Sen Administration will be affected by this

▪ China has a risk to be accused (Back support of Pol Pot Administration)▪ Bearing Fruits▪ First and Second Cases: criminals received “enough” punishment▪ According to the questionnaire to citizens▪ Third and Fourth Cases: still investigating▪ Civil Parties Systems: more accurate judge▪ Is my research question correct?
▪ Both types of transitional justice are carried out correctly, to someextent▪ Nothing too bad caused by Hun Sen▪ But this consequence is against my feeling in Cambodia▪ I felt it’s not “finished”. Never.
▪ However I do not know how I can set reasons to this▪ How things going on in Germany and South Africa?
▪ →to be continued▪ Nuremberg trials▪ From 1945~1946, as “International Military Trial”▪ Umpire: the United States, United Kingdom, Soviet Union, France▪ Judges on criminals responsible for the mass killing against Jewish▪ Positive: 12 serious offender were sentenced to capital punishment▪ Negative:▪ Most serious offenders did not appear in trials (all death before judge)▪ Criminals who had indirect responsibility were sentenced to lightpunishment or even not guilty▪ Lacking of “public opinion” and “self-determination”▪ Truth and Reconciliation Commission▪ From 1992 to 1994 and 1995 to 1998 for “Truly unifying Germany”▪ Umpire: the German government▪ Idea: Human Rights Watch (international NGO)
▪ Investigating infringement of rights in East Germany▪ Consequences:▪ Building a new foundation that helps victims under SED dictatorship andsufficient education about this tragedy▪ Memorial was built in Berlin▪ Reparation is supplied to wide-range people in concern▪ Hearing public opinion and Self Determination▪ Negotiation about Human Rights was hidden and stuck▪ Comparing with economy or policy, things of human rights gavedifficulties for negotiators▪ Difficult point: the range of reparation, the right of white people thatwere engaged in discrimination▪ No winners right after Apartheid (NP / ANC)
▪ Confusing and violence▪ Provisional Constitution (1993)▪ Section “National Unity and Reconciliation”▪ Truth and Reconciliation Commission▪ With hearing and investigating, get it clear what was going on▪ Criminals who help to seek truth, their legal responsibility will bevanished▪ Suggest the reparation for victims▪ “Public Hearing” system▪ Anyone can join Public Hearing, to share their experience or opinion▪ Open to public via TV, internet and Newspaper▪ Citizens decided “truth”▪ But this includes another harm▪ Political problems▪ NP, who supports Apartheid, thought Truth Commission supports BlackPeople unfairly▪ ANC, who against Apartheid, thought Truth Commission compromises withWhite People (they decided pardon)▪ TRC should be isolated from Political battles, but it’s difficult▪ Using Pardon▪ Criminals thought it’s better for us to use Truth Commission and get pardon
than to be against Truth Commission▪ Open to public via TV, internet and Newspaper, so they easily prove that they
do the right thing▪ In other words, these are not from their bottom of their heart, just “benefit”

▪ Criminal Court▪ By UN or other countries▪ Truth Commission▪ With Public opinion, for Self Determination▪ Pardon for criminals▪ Reparation for victims▪ The range of victims is important▪ Education for Next Generation▪ Memorials, Curriculums▪ How will they keep their memories?

▪ I remember my complicated feelings▪ The uncomfortableness among each people in concern or theirdescendants still remain▪ But my previous research prove that:▪ Both types of transitional justice are carried out correctly, to some extent▪ Nothing too bad caused by Hun Sen▪ Why did this happen?
▪ From political point of view, things went well
▪ From Psychological (education, memorial) point of view, their problems will

not be solved (deep rooted)▪ Is it possible for others to relieve this sorrow?
▪ How should people memorize these terrible histories?
▪ How should the government behave on this histories?