(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
Many attempts have been made to convict people who have committed war crimes and crimes against humanity through international law institutions and tribunals throughout history. Extraordinary Chambers in the Courts of Cambodia (ECCC, acronym for the Red Khmer Tribunal) is the subject of this documentary by Dutch director Jorien van Nes. Defending brother number two shows the experiences of two Dutch defense lawyers, Michiel Pestman and the more famous Victor Koppe.
A kind of international law. Both Pestman and Koppe have experience from international tribunals, such as those created for Yugoslavia and Sierra Leone. As they work on the Cambodia case, their confidence in the judiciary gradually crumbles. The defense of "Red Khmer brother number two", Nuon Chea – Pol Pot's second-in-command, now an old and frail man – turns out to be a constant battle against the judges and political interference from today's Cambodian authorities, who have their roots in the Red Khmer.
ECCC is a hybrid law – a combination of national and international law organization (lawyers, judges) and applied laws. Cambodian and foreign professional actors use Cambodian law adapted to international standards. This decision was made on the basis of the political problems of the ad hoc tribunals for Yugoslavia and Rwanda and the weak judicial system in Cambodia itself. The desire to help build a stronger justice system also played a role.
Using voice-over – the most important source of information throughout the film – we get to know how serious the trial is, as it is about one of the most notorious regimes since Nazi Germany. Cut to Pestman and Koppe: "I look forward to it." Soon after, we see them elbowing into the courtroom through the crowd. "Well organized!" The mood is set.
The harsh reality. Nuon Chea is indicted for his co-responsibility for some of the atrocities committed between 1975 and 1979. The case is complex, and the charges are twofold. The first case concerns, among other things, the forced displacement of the people of Phnom Penh and the execution of the Khmer Republic troops at Tuol Po Chrey in 1975. The second deals with genocide, crimes against women and other crimes against humanity.
Pestman was to take care of the first part of the defense, but quickly came to a fight with the court over procedural issues due to an unexpected opening speech by the prosecutors and rejection of the desire to testify for the defense. Pestman's attitude to principles is admirable, but not very productive. He ends up reporting the Prime Minister for obstructing the court's work, and receives serious threats. After eight months of the planned year in Cambodia, he packs his suitcase and leaves.
Victor Koppe takes the stage. From then on, the film largely follows Koppe's experiences in a conventional style. And although Koppe focuses less on procedures and more on the content of the cases themselves, he also gradually experiences the court's lack of cooperation when it comes to giving the defense opportunities to do its work for the accused in a proper way. As Koppe repeatedly says, the only thing he wants is to tell Nuon Chea's story. But when his witnesses are not accepted, and evidence – such as footage from Thet Sambath and Rob Lemkin's documentary Enemies of the People – is not allowed to show, Koppe's clash with the court increases, the case crumbles, and with the Koppe himself. In the end, the defender realizes that justice only happens to the fullest when there is no politics involved.
A question of justice. So where do we stand when it comes to international justice? Where do we stand in relation to the prosecution of war criminals, crimes against humanity and supranational conflicts? Is a compromised right like the Cambodian better than nothing?
There are differing opinions on whether the way the ECCC worked can be called a success. Some of this is related to the role that the ECCC played in the reconciliation processes. Researcher Peter Manning claims that many NGOs involved in the reconciliation work in Cambodia have a relationship with the ECCC. In this work, the guilt of the Khmer Rouge leaders is emphasized, and they are prosecuted. Those who were in the lower ranks, on the other hand, are exempted from guilt as they are defined as victims.
According to Dr. Tallyn Gray, telling stories is central to justice. Stories that do not fit with the ideologies and narratives produced by the trials risk being marginalized. Dr. Gray believes that justice is precisely about the ability to tell one's story and not be overlooked. The ECCC sets the framework for a judicial, national memory. And memories are an important aspect of reconciliation, but must also include the stories that can seem disruptive – like the perpetrators – no matter how painful these memories may be.
So if international law wants to play a role in promoting ideas of justice and reconciliation, all stories should be given the right to be told – by the victims as well as the perpetrators. This is not only crucial for fair trials, but also for the stories that future generations will hear about their country.
