Établissement de ECCC

Second meeting of what is now called the Group of Interested States (27 countries) discusses options. Cambodian Permanent Representative spoke on Cambodian position. GIS decides to go ahead with special (ad hoc) resolution in Third Committee.

Meeting in New York, called by Japan and held at the Japanese Mission, attended by interested states, as follows: France, United Kingdom, Canada, Australia, United States, EU, South Korea, Japan, Asean (Philippines, Singapore, Thailand, Indonesia and Cambodia). It was a preliminary meeting to exchange views as to what the international community can do to revive the negotiations.

Letter from Kofi Annan to Hun Sen, reported publicly in Noon Daily Briefing by UN Spokesman Fred Eckhard: The Secretary-General needs a clear mandate from either the General Assembly or the Security Council. It is the Secretary-General's view that it is now for Cambodia and interested Member States to pursue this matter in the General Assembly or the Security Council with a view to obtaining the appropriate mandate. If such a mandate were given, the Secretary-General would be prepared to engage in further talks with the Government in order to fulfil the mandate. As a sovereign State, Cambodia has the responsibility for the trial while the international community, through the United Nations or otherwise, can help, provided that the Government demonstrates its preparedness to ensure the observance of international standards of justice. Asked about the Secretary-General's request for a mandate, the Spokesman said that his position has not changed, and he has made clear what he feels would be necessary for international standards of justice to be met. In the past, he said, the United Nations had negotiated for years with the Cambodian Government, which had not met the Secretary-General's parameters for UN involvement in such trials. Now, Eckhard said, the Secretary-General is looking for support from Member States, in the form of clear guidelines for what is acceptable for such trials to earn UN support.

Letter from Hun Sen to Kofi Annan stating "we look forward to the swift conclusion of such preliminaries as you deem necessary for the United Nations to return to the table so that we may conclude our negotiations with an agreement that satisfies both parties, and then move on to the actual establishment of the Extraordinary Chambers".

Joint Communique of the 35th ASEAN Ministerial Meeting at Bandar Seri Begawan, paragraph 45 stated that: "We support the continued efforts of the Royal Government of Cambodia to bring the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian and custom, and international conventions recognised by the Kingdom of Cambodia to try in accordance with international standards of justice fairness and due process of law. We recognised, in this connection, the need of the Kingdom of Cambodia and the United Nations to cooperate together and appeal to the international community, to provide assistance in this regard."

Letter from Kofi Annan to Hun Sen stating that 8 February decision to end negotiations was "based on the fact that the good offices I had offered did not come to fruition" and stating that"... in order for me to engage in any further negotiations, I need a clear mandate from the General Assembly or the Security Council. If such a mandate were given, I would be prepared to engage in further talks with the Government of Cambodia in order to fulfill the mandate".

Facilitation by Japan towards resuming the negotiations between Cambodia and the United Nations.

UN Commission on Human Rights E/CN.4/2002/89 Paragraph 18: Appeals to the Government of Cambodia to ensure that the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom, and international conventions recognized by Cambodia are brought to trial in accordance with international standards of justice, fairness and due process of law, in this connection recognizes the need for the Government of Cambodia and the United Nations to cooperate, appeals to the parties to resume discussions on the establishment of a tribunal for such a purpose and also appeals to the international community to provide assistance in this regard.

Senior Minister Sok An issued a Statement on the UN announcement, and released three background documents: the English text of the Law, and his letters to His Excellency Hans Corell of 23 Nov 2001 and 22 Jan 2002.

His Excellency Hans Corell announced that the UN was withdrawing from negotiations with Cambodia regarding the Khmer Rouge trials.

Senior Minister Sok An replied to His Excellency Hans Corell concerning the 11 points in Corell's 10 October letter.

UNGA A/RES/56/169 Section IV: Khmer Rouge tribunal Paragraph 2: Welcomes the promulgation of the Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea, noting with appreciation the general provisions and competence of the Law and its provision for a role for the United Nations, appeals to the Government of Cambodia to ensure that the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations of Cambodian penal law, international humanitarian law and custom and international conventions recognized by Cambodia are brought to trial in accordance with international standards of justice, fairness and due process of law, encourages the Government to continue to cooperate with the United Nations on this issue, welcomes the efforts of the Secretariat and the international community in assisting the Government to this end, urges the Government and the United Nations to conclude an agreement without delay so that the Extraordinary Chambers can start to function promptly, and appeals to the international community to provide assistance in this regard, including financial and personnel support to the Chambers.

His Excellency Hans Corell sent a letter to Senior Minister Sok An asking for a response to the 11 points of concern related to the Law outlined in his 10 October letter.

Senior Minister Sok An replied to His Excellency Hans Corell concerning the relationship between the Law and the Articles of Cooperation to be signed between the UN and Cambodia.

His Excellency Hans Corell sent a letter to Senior Minister Sok An outlining 11 points of concern related to the Law and insisting that future Agreement between the UN and Cambodia should have precedence over the Law.

Senior Minister Sok An invited His Excellency Hans Corell to come to Cambodia to finalise the Articles of Cooperation.

Senior Minister Sok An sent English and French translations of the Law made by the Council of Jurists to His Excellency Hans Corell.

Senior Minister Sok An sent the Khmer official version of the Law to His Excellency Hans Corell.

His Majesty King Norodom Sihanouk signed the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea and it was promulgated.

The Constitutional Council approved the revised Draft Law.

The Senate approved the revised Draft Law.

The National Assembly passed the Draft Law including the revised Article 3.

The Council of Ministers approved the revised Article 3, now specifying that the maximum penalty under articles from the 1956 Penal Code shall be limited to a maximum of life imprisonment, in accordance with Article 32 of the Constitution of the Kingdom of Cambodia.

The Constitutional Council concluded its work on the Draft Law, issuing a decision and a reasoned opinion that Article 3 potentially conflicted with the Constitution in referring to articles in the 1956 Penal Code without explicitly rejecting the death penalty. The decision did not specify what course of action was required, but most observers (including the Prime Minister in a comment made on 23 February, and Senior Minister Sok An on 27 February) understood that Article 3 would have to be revised. As the National Assembly was currently in recess, this process of revision was postponed.

The Senate approved the Draft Law.