IV 
108TH CONGRESS 
2D SESSION 
H. CON. RES. 399
Urging the President to provide encouragement and support for the ratifica-
tion, establishment, and financing of a tribunal for the prosecution of 
surviving leaders of the Khmer Rouge regime. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2004
Ms. MILLENDER-MCDONALD (for herself, Mr. ROHRABACHER, and Mr. LAN-
TOS) submitted the following concurrent resolution; which was referred to 
the Committee on International Relations 
CONCURRENT RESOLUTION 
Urging the President to provide encouragement and support 
for the ratification, establishment, and financing of a 
tribunal for the prosecution of surviving leaders of the 
Khmer Rouge regime.
Whereas 
the 
Khmer 
Rouge 
regime 
of 
Democratic 
Kampuchea, led by Pol Pot, Secretary General of the 
Communist Party of Kampuchea, and other members of 
the Standing Committee of the Central Committee of the 
Communist Party of Kampuchea, subjected the people of 
Cambodia, including various religious groups and ethnic 
minorities, to genocide and other crimes against human-
ity between April 17, 1975, and January 7, 1979;
•HCON 399 IH 
Whereas genocide and other crimes against humanity com-
mitted during the Khmer Rouge regime led to the deaths 
of over 1,700,000 Cambodians; 
Whereas former United States Secretary of State James A. 
Baker, III, stated in 1991: ‘‘Cambodia and the U.S. are 
both signatories to the Genocide Convention and we will 
support efforts to bring to justice those responsible for 
the mass murders of the 1970s if the new Cambodian 
government chooses to pursue this path’’; 
Whereas the Cambodian Genocide Justice Act (22 U.S.C. 
2656 note) 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 
‘‘urges the President to collect, or assist appropriate or-
ganizations and individuals to collect relevant data on 
crimes of genocide committed in Cambodia; . . . to en-
courage the establishment of a national or international 
criminal tribunal for the prosecution of those accused of 
genocide in Cambodia; and . . . to provide such national 
or international tribunal with information collected pur-
suant to’’ the Cambodian Genocide Justice Act; 
Whereas the Group of Experts for Cambodia, established 
pursuant to United Nations General Assembly Resolution 
52/135, recommended in a report dated February 18, 
1999, that ‘‘the United Nations establish an ad hoc inter-
national tribunal to try Khmer Rouge officials for crimes 
against humanity and genocide’’ and that ‘‘as a matter 
of prosecutorial policy, the independent prosecutor ap-
pointed by the United Nations limit his or her investiga-
tions to those persons most responsible for the most seri-
ous violations of international human rights law and ex-
ercise his or her discretion regarding investigations, in-
•HCON 399 IH 
dictments and trials so as to fully take into account the 
twin goals of individual accountability and national rec-
onciliation in Cambodia’’; 
Whereas, after 5 years of negotiations, the United Nations 
and the Royal Government of Cambodia have agreed to 
establish a tribunal, the Extraordinary Chambers in the 
Courts of Cambodia for the Prosecution of Crimes Com-
mitted during the Period of Democratic Kampuchea, that 
recognizes Cambodian sovereignty and has jurisdiction 
under Cambodian law to try those accused of crimes 
against humanity during the Khmer Rouge regime; 
Whereas, although a majority of the judges on the tribunal 
will be from Cambodia, all decisions will require the af-
firmative vote of at least one judge nominated by the 
Secretary General of the United Nations; 
Whereas the Extraordinary Chambers will combine the ad-
vantages of national justice with international procedural 
and legal standards in a manner similar to the tribunals 
established for Sierra Leone, East Timor, and Kosovo; 
Whereas, on May 13, 2003, the United Nations General As-
sembly approved the agreement between the United Na-
tions and the Royal Government of Cambodia and ap-
pealed to the international community to provide assist-
ance, including financial and personnel support, to the 
Extraordinary Chambers; 
Whereas, on June 6, 2003, the United Nations and the Royal 
Government of Cambodia signed an agreement ‘‘to regu-
late the cooperation between the United Nations and the 
Royal Government of Cambodia in bringing to trial sen-
ior leaders of Democratic Kampuchea’’;
•HCON 399 IH 
Whereas the agreement now awaits ratification by the Na-
tional Assembly of Cambodia and financial support from 
the international community; 
Whereas Chhit Choeun (also known as Ta Mok), former 
Chief of the General Staff of the Armed Forces of the 
Khmer Rouge, and Kang Khek Iev (also known as 
Deuch), commandant of the Tuol Sleng prison during the 
Khmer Rouge regime, are now in detention in Cambodia 
awaiting trial; and 
Whereas other surviving leaders of the Khmer Rouge regime 
continue to live freely in Cambodia with complete impu-
nity: Now, therefore, be it
Resolved by the House of Representatives (the Senate 
concurring), That the Congress—
(1) urges the President to encourage the Na-
tional Assembly of Cambodia to ratify the agreement 
between the United Nations and the Royal Govern-
ment of Cambodia to establish a tribunal, the Ex-
traordinary Chambers in the Courts of Cambodia for 
the Prosecution of Crimes Committed during the Pe-
riod of Democratic Kampuchea, for the prosecution 
of surviving leaders of the Khmer Rouge regime of 
Democratic Kampuchea who committed genocide 
and other crimes against humanity between April 
17, 1975, and January 7, 1979; and 
(2) urges the President, after such agreement is 
ratified, to provide support for the establishment 
and financing of the Extraordinary Chambers, con-
•HCON 399 IH 
sistent with the Cambodian Genocide Justice Act 
(22 U.S.C. 2656 note).
Æ