Pol Pot's henchmen to face UN trial for genocide

The United Nations has reached an unexpected agreement with Cambodia to establish a court to try Khmer Rouge leaders on charges related to the genocide in the late 1970s which claimed the lives of nearly two million people.

A senior Cambodian negotiator said yesterday that a draft agreement had been reached which would pave the way for leaders of the Pol Pot regime to face trial. No one has appeared in court to answer for the slaughter, despite a wealth of evidence about the events.

Those who may end up in the dock include some of the regime's leading figures – Nuon Chea, Pol Pot's second-in-command; Khieu Samphan, the former president of the Khmer Rouge; Ieng Sary, the former foreign minister;and Ta Mok, the military leader known as "the butcher."

The agreement, reached after five years of negotiation, requires the approval by the United Nations General Assembly and the Cambodian government, but this is not expected to be an obstacle.

The breakthrough – which comes at a time when the UN is being portrayed as ineffectual by senior officials in the United States – was welcomed by thousands of Cambodians who suffered in the 1970s.

"This is what I have been waiting for for years and years," Vann Nath, one of the seven survivors of Phnom Penh's notorious "S-21" torture camp, said. "If they need me to testify, I will be happy to step forward." Kang Kek Leu, the commander of "S-21", is likely to be among those indicted.

An estimated 1.7 million Cambodians died from a range of causes – including execution, starvation, disease, and overwork – when the Khmer Rouge held power from 1975 to 1979.

Diplomats welcomed the draft agreement, despite continuing concerns from observers over whether it would deliver justice. Stephen Bridges, the British ambassador to Cambodia, said: "It's an enormous step forward, so we must all be delighted. It's real progress; what we hoped for."

Hans Corell, the UN chief negotiator in Cambodia, said it was up to UN member states to help with the budget for the trials. "I hope they understand the importance of this," he said.

Talks to finalise a UN-assisted trial broke down 13 months ago when the UN decided that a joint tribunal with Cambodia's judicial system would not ensure justice. At the time, UN officials cited the Cambodian government's domination over the proceedings, and expressed fears that the UN would provide only technical assistance. Human rights groups consider Cambodia's judicial system to be vulnerable to political pressure.

The court was to be staffed by Cambodian and international prosecutors and judges, but the question of who had the last word on legal decisions had been a problem, and this could still emerge as an issue.