Who can be put on trial?
In the spirit of achieving justice, truth and national reconciliation, the jurisdiction of the court is limited to the senior leaders of Democratic Kampuchea (the name of the state established by the Khmer Rouge), as well as those who were the most responsible for committing serious crimes in the period of Democratic Kampuchea.
Over the years, tens of thousands of ordinary Khmer Rouge soldiers have defected to the government. They have nothing to fear from this court. The policy of national reconciliation is still in place. The ECCC has been established to try only the most culpable people.
The court has the responsibility to decide exactly who was a 'senior leader' and who was 'most responsible' for the crimes committed by the Khmer Rouge. The court has jurisdiction to try those people only, not every former member of the Khmer Rouge or every person in the villages of Cambodia who may have committed crimes during the Khmer Rouge period.
• Low level and middle-ranking Khmer Rouge members who are not most responsible for serious crimes will not be prosecuted. Many are now re-integrated into our society. Hopefully, these people will live peaceful lives according to Buddhist principles and assist in the development of our country.
• Children or other family members or associates of Khmer Rouge leaders will not be responsible for their parents' or associates' crimes. Nobody will be responsible for another person's actions just because they are related to or associated with that person.
• Only people who are still alive can be tried. There will be no posthumous trials.