Logo of Phnom Penh Post newspaper Phnom Penh Post - Scheffer gets political



Scheffer gets political

Scheffer gets political

Dear Editor,

In his commentary on the disagreement between the co-prosecutors of the ECCC (Post, January 8), David Scheffer, a former US ambassador-at-large, asserts that it will be a case of "political intrigue or corruption swamp[ing] the court's work" if the Pre-Trial Chamber rules in favor of the Cambodian co-prosecutor. However, his own argument is open to charges of attempted political influence and corruption.

The advocacy of particular principles or actions to be taken by governments or branches of government is political activity. Advocating that a court decide some issue on a basis other than the law and the evidence is to urge it to make a political, rather than a judicial, decision.

Professor Scheffer tells us that a ruling in favour of the international co-prosecutor, expanding the number of individuals charged, is necessary to "demonstrate the integrity and credibility of the court". But the submissions to the Pre-Trial Chamber of both co-prosecutors are still confidential, so Professor Scheffer's position cannot be based on anything more reliable than media accounts of the arguments.

It remains to be seen which side in the disagreement best conforms to the law and the agreement between the Cambodian government and the United Nations. But Professor Scheffer prejudges the situation and, in effect, threatens the judges of the Pre-Trial Chamber with being declared lacking in integrity and credibility if they make the "wrong" ruling.

Professor Scheffer also points out monetary inducements for the judges to make the "right" decision. This, he says, would be "the key that unlocks the international money" for "long-term financial support of the ECCC". Of course, Professor Scheffer is not approaching the judges with cash in hand, and his commentary is worded as a prediction of others' behavior, not a firm offer. But he is a former United States ambassador-at-large, and people familiar with the US government's to-ing and fro-ing about ECCC funding will see his words as a not very subtle hint.

How wrong Professor Scheffer's action is can be seen if we imagine someone else desiring a particular decision from the court and acting in the same way. Suppose, for example, that a government somewhere has become convinced that one or more of the five persons charged by the ECCC is innocent of the charges. An influential former ambassador of this government writes an article in a Cambodian newspaper stating that if the ECCC demonstrates its integrity and credibility by resisting political pressures and acquitting the defendant[s], then an unnamed international donor is likely to provide the funding to allow the court to charge other possible defendants for several years to come. Surely Professor Scheffer would see that such an action was unacceptable. His action is equally so.

Allen Myers

Phnom Penh

Send letters to: [email protected] or P.O. Box 146, Phnom Penh, Cambodia. The Post reserves the right to edit letters to a shorter length.

MOST VIEWED

  • Kingdom accepts Chinese vaccine, PM first to get jab

    Prime Minister Hun Sen said China would offer Cambodia an immediate donation of one million doses of the Covid-19 vaccine produced by the Sinopharm company. In an audio message addressing the public on the night of January 15, he said Cambodia has accepted the offer and

  • Reeling in Cambodia’s real estate sector

    A new norm sets the scene but risks continue to play out in the background A cold wind sweeps through the streets of Boeung Trabek on an early January morning as buyers and traders engage in commerce under bright blue skies. From a distance, the

  • Hun Sen: Lakes filled in for national developments

    Prime Minister Hun Sen has announced continued operations to fill some lakes in Phnom Penh to create land for developments, though he is against the unrelated practice of damming rivers or blocking waterways. Speaking at the inauguration of the Ministry of Public Works and Transport

  • Koh Preus upgrades 70% complete

    Initial construction of a nearly $30 million tourism infrastructure project on Preah Sihanouk province’s Koh Preus Island is “about 70 per cent complete”, according to an official with the developer. Heng Thou, construction site manager of Angela Real Estate Co Ltd (ARE), told The Post that

  • Local media loses a giant, and The Post a great friend

    Cheang Sokha, a gifted and streetwise reporter who rose to the highest ranks of Cambodian media and was beloved for his sharp intelligence, world-class humour and endless generosity, died on Friday in his hometown of Phnom Penh. He was 42. His wife, Sok Sophorn, said he

  • Cambodia, India agree to start direct flights, tourism exchanges

    Cambodia and India have agreed to start direct flight connections and promote closer tourism exchanges and cooperation in all areas after the Covid-19 saga comes to a close. The agreement was reached during a meeting between Cambodian Minister of Tourism Thong Khon and newly-minted Indian