Cambodia: The High Cost of Closure

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"I don't think we will stop in mid-stride," says Robert Petit, chief co-prosecutor for the Extraordinary Chambers in the Court of Cambodia (ECCC), the tribunal's official name. Petit, a veteran of war crimes tribunals in Rwanda, Kosovo, East Timor, and Sierra Leone, says war crimes trials are expensive. The ECCC, for instance, requires translation of documents and proceedings into English, French, and Khmer. While only five defendants are facing trial now, the prosecutors' office is investigating others as well.

Petit won't say whether more arrests will come. But he argues one measure of the court's success will be its ability to create a legacy for future generations. "We have to make sure at the end the evidence and our interpretation of the evidence is available so they can use it to move forward. That is complex and requires funding." The donors' funding also is helping to pay for attorneys for the accused. Defense Support Section chief Rupert Skilbeck says he has funding to provide a strong enough defense for the five to envision possible acquittals. "Usually everyone thinks they're guilty, but they have not looked at the evidence," says Skilbeck, a British lawyer and also a veteran of other war crimes tribunals.

Cambodia isn't the only court that has faced money problems due to a lack of accountability or financial controls, says Michael Johnson, the former chief prosecutor for the International Criminal Tribunal for the former Yugoslavia who was also involved in the International Criminal Tribunal for Rwanda and the Bosnia and Herzegovina War Crimes Chamber. He says the Bosnia court—eight courtrooms and about 400 defendants—is running about $10 million to $11 million per defendant. But other courts such as Rwanda—purely an international court (not a hybrid local/international as in Cambodia)—ran about $30 million per defendant; Sierra Leone was also high. In East Timor, another hybrid court came out at about $10 million per defendant, but critics say it ended up with a standard of justice that did not meet international criteria. "There is a real lack of accountability within the administration of these systems," says Johnson, who favors a special adviser to monitor and cut costs.

U.N. Appoints Veteran Prosecutor

However the Cambodian side of the court does not want a special adviser, insisting it doesn't want "a new party to be above the court," according to a spokesperson. And if the U.N. side got a special adviser, the Cambodian side would also be entitled to one at 50% of the U.N. adviser's salary.

The U.N. intervened last week, announcing after a meeting in New York with officials of the ECCC that David Tolbert, who has been prosecuting at the International Criminal Tribunal for the former Yugoslavia, will become Assistant Secretary-General of the U.N. for three months to "advise the U.N. on its assistance to the ECCC." The U.N. says the appointment is "essential during the forthcoming months leading up to the first trial." Donors did not immediately react, but Heather Ryan, monitor of the Khmer Rouge tribunal for the Open Society Justice Initiative, says Tolbert's "leadership" will be a welcome addition at a time when the ECCC faces "pressing issues."

Support among Cambodians for the trials always has been mixed, but watching the defendants on TV is popular. Plus, more than a third of Cambodian's population is under age 15, and the younger generation knows little to nothing about the Khmer Rouge era, which is considered by the current regime to be too politically controversial to be taught in schools. Court supporters say the trials will set the historical record straight.

Susan Postlewaite is an international business writer based in Phnom Penh.