This report is submitted to the General Assembly and the Security Council, as the Security Council, as the implementation of the recommendations contained therein call for action by either or both organs. The decision on the establishment of an international tribunal, whether under Chapter VI or VII of the Charter of the United Nations, is for the Security Council or the General Assembly to make. I am confident that they will take the report fully into account in their determination of how best to accommodate the principles of justice and national reconciliation in Cambodia. It is my view, however, that the trial of a single Khmer Rouge military leader which would leave the entire political leadership unpunished would not serve the cause of the justice and accountability. It is, therefore, my view that Khmer Rouge leaders responsible for the most serious of crimes should be brought to justice and tried before a tribunal which meets the international standards of justice, fairness and due process of law.
Impunity is unacceptable in the face of genocide and other crimes against humanity.
I am firmly of the view that if the international standards of justice, fairness and the process of law are to be met in holding those who have committed such serious crimes accountable, the tribunal in question must be international in character. This does not necessarily mean that it should be modelled after either the existing ad hoc tribunals or be linked to them institutionally, administratively or financially. Other options may be explored, taking into account the analysis and conclusions of the Group of Experts. The success of any intentional tribunal of whatever character, however, presupposes the full cooperation of the Government of Cambodia and its readiness to apprehend Khmer Rouge leaders situated in its territory and surrender them to the international tribunal upon request. I stand ready to assist the General Assembly, the Security Council and the Government and people of Cambodia in bringing about a process of judicial accountability, which alone can provide the basis for peace, reconciliation and development.