Khieu Samphan

Related Case(s) : 002

Alias : Haem, Hem, Nan, Khang¹

KHIEU Samphan (Born 1931) served as President of the State Presidium of Democratic Kampuchea. He was sentenced to life imprisonment for genocide, crimes against humanity and grave breaches of the Geneva Conventions.

Explore the Khmer Rouge hierarchy to understand his role in the secretive system.

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1931

27 July

Born in Chek/Rumchek commune, Rumduol district, Svay Rieng province.²

1951

Graduated from Preah Sihanouk School, which he attended with Saloth Sar (Pol Pot), and began working as a teacher.³

Began studying law in Phnom Penh.⁴

1953

Received a government scholarship to continue his law studies in France where he attended the Marxist Circle along with Ieng Sary, Ieng Thirith, Hou Youn and Son Sen.⁵

1955

Joined the French Communist Party.⁶

1956

1956-1959

Undertook doctorate in economics in Paris, becoming the chairman of the Union des Étudiants Khmers (Union of Khmer Students) and leader of the Marxist Circle upon Ieng Sary’s return to Phnom Penh.⁷

1959

Returned to Cambodia and founded L’Observateur, a French-language newspaper.⁸

1960

Arrested and detained, with L’Observateur being closed by the government along with other leftist newspapers.⁹

1962

Elected to the National Assembly as a member of Sangkum Reastr Niyum for the district of Saang, Kandal province, and appointed as Secretary of State for Commerce.¹⁰

1963

March

Named by Norodom Sihanouk as one of 34 “leftists”, losing his ministerial portfolio yet retaining his seat in National Assembly.¹¹

1966

Re-elected to the National Assembly for a second term.¹²

1967

April

Fled Phnom Penh and took refuge under the protection of Ta Mok after being accused by Norodom Sihanouk of inciting a peasant uprising in Samlaut.¹³

1967-1970

Moved between Kampong Speu, Kampong Chhnang, and Takeo provinces with support from the clandestine CPK network.¹⁴

1969

Formally inducted into the CPK and spent time with Ta Mok at his headquarters in Kampong Speu.¹⁵

1970

May-August

Named GRUNK Deputy Prime Minister, Minister of National Defence and Deputy Chairman of FUNK.¹⁶

1971

Became a candidate member of CPK Central Committee at its Third Congress.¹⁷

September

Appointed Commander-in-Chief of the CPNLAF, a role he nominally held since 1970.¹⁸

1971-1972

Accompanied Pol Pot and Nuon Chea on tours of the countryside and CPK-held areas.¹⁹

1973

March-April

Accompanied Norodom Sihanouk on visits to CPK-held areas.²⁰

March 1973-May 1974

Headed FUNK and GRUNK delegations to North Vietnam, China, North Korea, Albania, Yugoslavia, Romania, Algeria, Mauritania, Cameroon, Egypt and Syria.²¹

1974

December

Received a delegation from the People’s Revolutionary Government of the Republic of South Vietnam. ²²

1975

April

Relocated to B-5 in Tang Poun village, Kampong Chhnang province, to follow the offensive against Phnom Penh.²³

After 17 April 1975

Retained his role as Deputy Prime Minister,²⁴ Minister of National Defence and CPNLAF Commander-in-Chief.²⁵

Around October 1975

Worked at Office 870.²⁶

1976

Became a full-rights CPK member at the Fourth Party Congress.²⁷

Represented Democratic Kampuchea at a summit of the Non-Alligned Countries in Sri Langka.²⁸

30 March

Appointed President of the State Presidium by the CPK Central Committee.²⁹

11-13 April

Appointment confirmed by the People’s Representative Assembly.³⁰

1979

January

Fled Phnom Penh as Vietnamese forces marched on the capital and met Nuon Chea, Pol Pot and Ieng Sary in Pursat.³¹

1998

December

Surrendered to government forces along with Nuon Chea.³²

2007

19 November

Arrested and detained by order of the Co-Investigating Judges.³³

2010

15 September

Indicted by the Co-Investigating Judges.³⁴

2014

7 August

Convicted in Case 002/01 and sentenced to life imprisonment.³⁵

2016

23 November

Life sentence affirmed by Supreme Court Chamber.³⁶

2018

16 November

Convicted in Case 002/02 and sentenced to life imprisonment.³⁷

2022

22 September

Life sentence affirmed by Supreme Court Chamber.³⁸

Convictions and Sentences

Convicted in Case 002/01 for crimes against humanity:

Extermination (encompassing murder)
Persecution on political grounds
Other inhumane acts comprising forced transfer, enforced disappearances, and attacks against human dignity

Sentenced to life imprisonment ³⁹

Convicted in Case 002/02 for crimes against humanity:

Murder
Extermination
Deportation
Enslavement
Imprisonment
Torture
Persecution on political, religious and racial grounds
Other inhumane acts through attacks against human dignity and conduct characterised as enforced disappearances, forced transfer, forced marriage and rape in context of forced marriage

Convicted in Case 002/02 for grave breaches of the Geneva Conventions 1949:

Wilful killing
Torture
Inhuman treatment
Wilfully causing great suffering or serious injury to body or health
Wilfully depriving a prisoner of war or civilian the rights of fair and regular trial
Unlawful confinement of a civilian

Convicted in Case 002/02 for genocide:

By killing members of the Vietnamese group

Sentenced to life imprisonment, term merged with sentence in Case 002/01. ⁴⁰

Key Findings

Roles and Responsibilities

The Trial Chamber in Case 002/01 and Case 002/02 found that Khieu Samphan:

Attended policy meetings of the Standing and Central Committees, as well as Party congresses, where the common purpose and CPK policies were planned and developed. ⁴¹
As a member of Office 870, played an important role in the DK economy, holding economic positions where he implemented elements of the common purpose relating to trade, imports/exports, and commerce. ⁴²
Publicly supported, confirmed and endorsed the CPK’s criminal plan in Cambodia and abroad, encouraged, incited and legitimised its implementation through his senior position. ⁴³
Took part in developing the 1977 economic plan for agricultural production, allocation of labour, and division of the people into categories. ⁴⁴

Criminal Responsibility

The Trial Chamber in Case 002/01 found that Khieu Samphan:

Was a member of a joint criminal enterprise with CPK leaders with the common purpose to “implement rapid socialist revolution through a ‘great leap forward’ and defend the Party against internal and external enemies, by whatever means”. ⁴⁵
Personally participated in the indoctrination of people on class struggle and the need to ensure the independence of the country. ⁴⁶
Planned to forcibly transfer the population of urban areas from the cities and knew of that crimes were being carried out. ⁴⁷
Knew about the dire living conditions after 17 April 1975, food shortages, and disease. ⁴⁸
Knew that at least some Khmer Republic officials were being executed at Toul Po Chrey. ⁴⁹
Planned and instigated the transfer of the movements of population (phases one and 2), which involved the commission of crimes against humanity of murder, political persecution, extermination, and other inhumane acts of forced transfer and attacks against human dignity. ⁵⁰
Provided practical assistance, encouraged, and provided moral support to perpetrators of crimes carried out during movements of population. ⁵¹
Planned, instigated, and provided practical assistance, encouragement, and moral support to the commission of crimes committed at Tuol Po Chrey. ⁵²

The Trial Chamber in Case 002/02 found that Khieu Samphan:

Was involved in a criminal plan to rapidly implement socialist revolution in Cambodia through a “great leap forward” designed to build the country, defend it from enemies, and radically transform the population into a homogenous Khmer society of worker-peasants. ⁵³
Actively instructed on the implementation of the CPK’s criminal plans through various policies and personally enabled and controlled its implementation. ⁵⁴
Knew about crimes being committed against the Cham, the Vietnamese, Buddhists, and former Khmer Republic officials, and during the CPK’s regulation of marriage. ⁵⁵
Contributed to the establishment and operation of cooperatives and worksites with wide-scale food and medical shortages, which resulted in over 20,000 deaths from illnesses and starvation. ⁵⁶
Held influence and authority to intervene in Party affairs during internal purges of formerly high-ranking CPK cadres and civilians. ⁵⁷
Intended the commission of crimes at cooperatives and worksites against CPK enemies, including the Cham, Vietnamese, Buddhists, former Khmer Republic officials, and during the regulation of marriage. ⁵⁸

The Supreme Court Chamber in Case 002/02 found that Khieu Samphan:

Was responsible for sexual violence to male and female victims caused during the CPK’s regulation of marriages nationwide. ⁵⁹

Counsel

Mr. Kong Sam Onn, Ms. Anta Guissé, Mr. Say Bory, Mr. Jacques Vergès, Mr. Sa Sovan, Mr. Philippe Greciano, Mr. Arthur Vercken, Ms. Touch Voleak (standby counsel), Mr. Calvin Saunders (standby counsel)