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United Nations
General
Assembly
A/C.3/57/L.70
Distr.: Limited
13 November
2002
Original: English
Fifty-seventh session
Third
Committee
Agenda item 109 (b)
Human rights questions: human rights
questions, including alternative
approaches for improving the effective
enjoyment of human rights and
fundamental freedoms
France and
Japan: draft resolution
Khmer Rouge trials
The General
Assembly,
Recalling that the serious violations of Cambodian and
international law
during the period of Democratic Kampuchea from 1975 to 1979
continue to
be matters of vitally important concern to the international
community
as a whole,
Recognizing the legitimate concern of the
Government and people of
Cambodia in the pursuit of justice and national
reconciliation,
stability, peace and security,
Recognizing also that
the accountability of individual perpetrators of
grave human rights
violations is one of the central elements of any
effective remedy for victims
of human rights violations and a key factor
in ensuring a fair and equitable
justice system and, ultimately,
reconciliation and stability within a
State,
Conscious that the opportunity to bring those responsible to
justice may
soon be lost,
Recalling the request made in June 1997 by
the Cambodian authorities for
assistance in responding to past serious
violations of Cambodian and
international law,
Recalling also its
resolution 56/169 of 19 December 2001, taking note of
Commission of Human
Rights resolution 2002/89 of 26 April 2002, and
recalling further previous
relevant resolutions,
Welcoming the efforts of, and the substantial
progress made by, the
Secretary-General and the Government of Cambodia
towards the
establishment of Extraordinary Chambers within the existing
court
structure of Cambodia, with international assistance, for
the
prosecution of crimes committed during the period of
Democratic
Kampuchea,
Welcoming in particular the promulgation of 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 noting with appreciation the general provisions
and
competence of the Law and its provision for a role for the
United
Nations,
Noting the statements of the Secretary-General on 8
February and 20
August 2002 concerning negotiations between the
Secretary-General and
the Government of Cambodia on the establishment of the
Extraordinary
Chambers,
Welcoming the subsequent discussions between
the Secretary-General and
the Government of Cambodia on the establishment of
the Extraordinary
Chambers,
Welcoming also the Joint Communiqué of the
thirty-fifth Ministerial
Meeting of the Association of South-East Asian
Nations, held in Brunei
on 29 and 30 July 2002, which, inter alia, expressed
support for the
continued efforts of the Government of Cambodia to bring the
senior
leaders of Democratic Kampuchea and those most responsible for
serious
crimes committed to trial in accordance with international standards
of
justice, fairness and due process of law and recognized the need for
the
Government of Cambodia and the United Nations to cooperate in
this
regard,
Desiring that the international community continue to
respond positively
in assisting efforts to investigate the tragic history of
Cambodia,
including responsibility for past international crimes such as acts
of
genocide and crimes against humanity committed during the regime
of
Democratic Kampuchea,
1.
Requests the Secretary-General to resume negotiations, without
delay, to
conclude an agreement with the Government of Cambodia, based
on previous
negotiations, to establish Extraordinary Chambers consistent
with the
provisions of the present resolution, so that the Extraordinary
Chambers may
begin to function promptly;
2.
Recommends that the Extraordinary Chambers should have
subject-matter
jurisdiction consistent with that set forth in 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;
3. Recommends also that
the Extraordinary Chambers should have
personal jurisdiction over senior
leaders of Democratic Kampuchea and
those who were most responsible for the
crimes referred to in paragraph
2 above;
4. Emphasizes that arrangements, as devised, in particular,
by
the Royal Government of Cambodia, for the establishment of
Extraordinary
Chambers should:
(a) Ensure
that the Extraordinary Chambers exercise their
jurisdiction in accordance
with international standards of justice,
fairness and due process of law, as
set out in articles 14 and 15 of the
International Covenant on Civil and
Political Rights;
(b) Include arrangements for
an appellate chamber;
5. Emphasizes
also the importance of ensuring the impartiality,
independence and
credibility of the process, in particular with regard
to the status and work
of the judges and prosecutors;
6.
Appeals to the Government of Cambodia to ensure that persons
referred to in
paragraph 3 above are brought to trial in accordance with
international
standards of justice, fairness and due process of law, as
referred to in
paragraph 4 above, and notes the assurances of the
Government of Cambodia in
this regard;
7. Requests the
Secretary-General to report to the General
Assembly on the implementation of
the present resolution, in particular
on his consultations and negotiations
with the Government of Cambodia
concerning the establishment of the
Extraordinary Chambers, no later
than ninety days from the date of adoption
of the resolution;
8. Also requests
the Secretary-General, if necessary, to send a
team of experts to Cambodia as
may be required for the preparation of
his
report;
9. Further requests the
Secretary-General to include in his
report recommendations for the efficient
and cost-effective operation of
the Extraordinary Chambers, including the
amount of voluntary
contributions of funds, equipment and services to the
Extraordinary
Chambers, inter alia, through the offer of expert personnel,
that may be
needed from States, intergovernmental organizations and
non-governmental
organizations;
10.
Appeals to the international community to provide financial,
personnel and
other assistance to enable the early establishment and the
sustained
operation of the Extraordinary
Chambers.
[end]
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