Closure for Cambodia? Thirty years on, the Khmer Rouge trials risk collapse.

Byline: Erika Kinetz (With Joe Cochrane)

Nearly 10 years after the Cambodian government first asked for help setting up a court to try leaders of the murderous Khmer Rouge regime, it has yet to hold a single hearing. Washington refuses to fund the court on the ground that it's not up to international standards, and its ambassador, Joseph Mussomeli, says, "no trial would be better than a trial that will be a farce." The court's foreign and Cambodian judges are deadlocked over procedure, and the foreign judges have threatened to walk out rather than participate in what they fear could become an exercise in politics over justice.

It wasn't supposed to be this way. Since the Nuremberg tribunal after World War II, trials of brutal leaders have slowly become more common and established a moderately positive record. U.N. courts have convicted numerous individuals for the wars in the former Yugoslavia and the Rwandan genocide. A hybrid court under local and international auspices is slowly getting off the ground in Sierra Leone. But the Cambodia tribunal, also an experimental local-international hybrid, has gone nowhere--denying justice to the almost 2 million victims of one of the 20th century's worst acts of mass slaughter. Court insiders, who asked not to be identified for fear of retribution, now give the tribunal a 50-50 chance of collapsing.

Part of the problem is that, unlike the U.N. courts, Cambodia's tribunal is, at the government's insistence, mainly a national affair staffed mostly with Cambodian judges (though they are supposed to be guided by international principles). Hans Corell, who led the U.N.'s effort to help establish the court, says that he is "not at all convinced that this represents a good solution" to the problem of achieving justice in a local context. There's a certain emotional logic to prosecuting Cambodian crimes in Cambodia, and optimists hope a televised exercise in real justice will help break the cycle of violence and impunity that haunts the nation.

But that outcome looks unlikely. Hun Sen's government seems interested in the trial only to the extent it will vindicate its own anti-Khmer Rouge credentials--without dredging up awkward facts, such as current officials' own Khmer Rouge ties or the support that China, now a close ally, ...