DANGREK GENOCIDE
การฆ่าล้างเผ่าพันธุ์
“The Thai government is not fully committed to complying with
international humanitarian law”
– Violations of international conventions are serious matters that require a comprehensive investigation of the facts and
a careful examination of evidence before rushing to any conclusions and more information is needed. Notwithstanding the
importance of not rushing to conclusions, given our current understanding of the circumstances, there is every reason to
believe that the Thai government is not fully committed to complying with international humanitarian law.
– The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (adopted
by the UN in 1968), establishes that war crimes-including grave breaches of the Geneva Conventions- are not subject to
statutory limitations. For violations of other international laws, the situation is much more difficult to determine, and it really
depends upon the circumstances of the violations, the relevant law, and the enforcement mechanisms available. It is important
to note that violations of law can be responded to, and compensation can be obtained through other means besides the courts,
even though the courts are usually the first choice in pursuing justice.
– Border violations or international crimes between Thailand and Cambodia would be most likely heard by the ICJ
(for state-to-state issues) or possibly by the ICC (for individual accountability) if the crimes occurred in Cambodia or by
Security Council referral.
– Thailand is not a member
of ICC, but Cambodia is,
and an attack on a member of an ICC member state’s
national could create jurisdiction for the ICC, provided
the attack involves a Rome Statute crime (war crime,
crime against humanity, genocide, or aggression). The
ICC’s jurisdiction is based on whether the crime
occurred in a State Party’s territory or if the
perpetrator is a national of a State Party.
– Whether certain evidence may be precluded
from being admitted by a court because of rules of
evidence will always be determined on a
case-by-case basis.
YOUK CHHANG
Director, Documentation Center of Cambodia
August 22, 2025
Youk Chhang (Borm 1961) with Im Chaem at Preah Vihear temple
Im Chaem (Born 1946) was former Khmer Rouge’s Secretary of
Preah Net Preah District in Sector 5 (Northwest Zone), Cambodia.
Photo by Chy Terith.
