Cambodia’s Descent Into a Death Spiral: Fifty Years On
from International Institutions and Global Governance Program
from International Institutions and Global Governance Program

Cambodia’s Descent Into a Death Spiral: Fifty Years On

Members of the MONATIO (Mouvement National) group drive atop jeeps through a street of Phnom Penh on April 17, 1975, the day Cambodia fell under control of Khmer Rouge forces.
Members of the MONATIO (Mouvement National) group drive atop jeeps through a street of Phnom Penh on April 17, 1975, the day Cambodia fell under control of Khmer Rouge forces. Sven Erik Sjoberg/AFP/Getty Images

The legacy of atrocity crimes that took the lives of millions of Cambodians during the communist Khmer Rouge regime, and the need for credible justice for the survivors, led to the creation of a criminal tribunal while mass atrocities continued elsewhere in the world.

April 16, 2025 3:03 pm (EST)

Members of the MONATIO (Mouvement National) group drive atop jeeps through a street of Phnom Penh on April 17, 1975, the day Cambodia fell under control of Khmer Rouge forces.
Members of the MONATIO (Mouvement National) group drive atop jeeps through a street of Phnom Penh on April 17, 1975, the day Cambodia fell under control of Khmer Rouge forces. Sven Erik Sjoberg/AFP/Getty Images
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Current political and economic issues succinctly explained.

David J. Scheffer is a senior fellow at the Council on Foreign Relations, focusing on international law and international criminal justice. Scheffer served as the U.S. Ambassador at Large for War Crimes Issues (1997–2001) and the UN Secretary-General’s Special Expert for UN Assistance to the Khmer Rouge Trials (2012–2018).

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Five decades ago, Cambodia commenced the largest decimation of a human population by a country’s own leadership since the Holocaust. Atrocity crimes—genocide, crimes against humanity, and war crimes—of unimagined magnitude and cruelty swept across an otherwise beautiful and magnificent country steeped in ancient glory. The surviving Cambodian population and their descendants still shoulder collective trauma of those dark years when Cambodia was isolated from the rest of the world (albeit sustaining close ties with Chairman Mao Zedong’s communist China).

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To commemorate the fiftieth anniversary of such a catastrophic episode in Cambodia’s long history invites one to understand how the communist leader Pol Pot’s Khmer Rouge regime was finally brought to account for its ruinous governance from 1975 to 1979. It’s an endeavor in which I played a role for twenty years as the first-ever U.S. Ambassador at Large for War Crimes Issues who negotiated the creation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), the criminal tribunal established to try senior leaders most responsible for the Khmer Rouge’s commission of atrocity crimes.

What were the Cambodian atrocity crimes?

The Vietnam War (1955–1975) intervened into neighboring Cambodian territory with a secret massive bombing campaign by the U.S. Seventh Air Force—dubbed Operation Freedom Deal—to disrupt communist Viet Cong and North Vietnamese operations in Cambodia. The operation resulted in the killing and maiming of an estimated fifty thousand to one hundred thousand Cambodian peasants and other civilians. 

Such carnage gave impetus to Pol Pot’s insurgent campaign and ultimate takeover of Cambodia’s U.S.-aligned Lon Nol government, leading to Pol Pot’s ascent to supreme power in Phnom Penh on April 17, 1975. Pol Pot planned to revolutionize Cambodian society and eliminate all internal dissent and opposition. His regime’s communist brand of social engineering included the elimination of civil, property, and religious rights and mass migrations of urban populations into the countryside to till soil as forced labor and procreate through forced marriages. 

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Arising from that oppressive vision, however, was not utopia, but a legacy of atrocity crimes and millions of victims. Over the course of almost four years—until January 1979 when Vietnamese forces invaded and occupied Cambodia—an estimated 1.7 to 3 million of Cambodia’s seven million citizens perished under Pol Pot’s tyrannical rule.

What happened in the aftermath?

Though it took many years after Pol Pot’s fall—during which Cambodia experienced internal warfare followed by a UN peacekeeping deployment in the mid-1990s—to stabilize the country, efforts began in 1997 that primarily engaged the Cambodian government, United Nations, and United States to create an international criminal tribunal to investigate the atrocity crimes committed during the Pol Pot regime and prosecute the leaders “most responsible” for mass crimes. As my boss at the time, UN Ambassador and then Secretary of State Madeleine K. Albright, would say, if we could build international criminal tribunals for what devastated the populations of Rwanda and the former Yugoslavia, surely, we could do so for Cambodia—despite the two decades that had transpired since Pol Pot’s reign of terror. Most of the senior Khmer Rouge figures, including Pol Pot, were still alive, in hiding, and leading Khmer Rouge militia on the run in the mid-1990s. (Pol Pot died in April 1998.)

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The ECCC took seven years to negotiate, from 1997 to 2003, and evolved during those talks as an internationalized domestic Cambodia criminal court governed under both Cambodian law and an international treaty between the United Nations and Cambodia. The ECCC was essentially a joint venture court, in which Cambodian staff (judges, prosecutors, investigators, administrators, and defense counsel) shared the responsibilities of rendering justice with UN-selected international staff, while the United Nations and the Cambodian government shared funding for the ECCC’s operating expenses each year. The Cambodians held a slight majority of the judgeships, and that proved to be instrumental in blocking the trials of five Khmer Rouge leaders targeted for prosecution by international officials. 

What has been the legacy of the atrocity crimes and the ECCC?

The legacy of the ECCC, an active trial and appeals court from 2006 to 2022, has been significant on many levels. Most notably, three leading figures of the Pol Pot regime were tried and convicted of atrocity crimes.

Khieu Samphan, who was president of the State Presidium and thus among the top three officials in the Pol Pot regime, remains alive serving a life sentence in a prison on the outskirts of Phnom Penh following convictions for genocide (of thousands of ethnic Vietnamese), crimes against humanity, and war crimes. 

Nuon Chea, “Brother Number Two” under Pol Pot and a high-level government official, was convicted and sentenced to life imprisonment for genocide (of tens of thousands of ethnic Vietnamese and Cham Muslims), crimes against humanity, and war crimes. He died while appealing his convictions. 

Kaing Guek Eav (alias Duch) was the chairman of the notorious S-21 Security Center, known as Tuol Sleng Prison, where an estimated twenty thousand captives (mostly Cambodian but also Vietnamese and some Americans) were tortured and executed, either in prison or in “killing fields” on the perimeter of Phnom Penh. Duch was serving a life sentence for convictions of crimes against humanity, including torture and murder, and war crimes until he died in 2020.

Former Khmer Rouge leader Khieu Samphan is seen on a screen at the media room of the Extraordinary Chambers in the Courts of Cambodia (ECCC) on the outskirts of Phnom Penh.
Former Khmer Rouge leader Khieu Samphan is seen on a screen at the media room of the ECCC on the outskirts of Phnom Penh, Cambodia, June 23, 2017. Samrang Pring/Reuters

Unfortunately, then Deputy Prime Minister for Foreign Affairs Ieng Sary, charged as a critical mastermind of Pol Pot’s reign of atrocity crimes, died in 2013 during the same trial where both Khieu Samphan and Nuon Chea were prosecuted. If he had lived to judgment day, Ieng Sary would have been a major prospect for accountability before the Cambodian people. His wife, Ieng Thirith, who was Pol Pot’s minister of social affairs, also was charged with atrocity crimes, but she was diagnosed with dementia during the trial, spared full prosecution, and died in 2015. 

Five additional former Khmer Rouge officials were extensively investigated at the ECCC but escaped trial: Meas Mut, Sou Met, Im Chaem, Ao An, and Yim Tith. The filings of the co-prosecutors requesting further investigations of these officials by the co-investigating judges, and the results of those investigations for a range of atrocity crimes followed by recommended indictments, remain for historians to explore. The failure to bring these individuals to trial can be attributed to political manipulation of the ECCC by the Cambodian government under Prime Minister Hun Sen, who stepped down in favor of his son, Hun Manet, in 2023. The legacy of the ECCC thus remains stained by the absence of trial records and judgments for these five suspects and the atrocity crimes attributed to them—for which victims had waited decades for justice.

What has been the ECCC’s legacy of outreach to the Cambodian people?

The legacy of the ECCC thus remains stained by the absence of trial records and judgments for these five [former Khmer Rouge officials] and the atrocity crimes attributed to them.
David J. Scheffer, CFR Senior Fellow

Despite this setback, a total of 244,668 spectators [PDF], almost all Cambodian, attended the three multi-year trials held by the ECCC—more than the total number of visitors logged in for trials before the other major war crimes tribunals created since 1993. Almost four thousand Cambodians participated in the trials as civil parties. The legacy of Cambodians attending or participating in the trials, touring the ECCC, or attending village briefings is a remarkable feature of the court’s outreach to the local populace, so many of whom witnessed in person (and heard in their native language, Khmer) the rendering of both national and international justice over men and women who impacted the lives of every Cambodian, including descendants of survivors. 

Has Cambodia’s experience influenced the way other global actors have responded to atrocity crimes?

While the human rights situation in Cambodia has deteriorated markedly in recent years, there has been no repetition of the scale of atrocities experienced during the Pol Pot regime. However, the Cambodian legacy has proven less impactful given the many atrocities that have occurred elsewhere in the world since 1979. In Asia alone, human rights abuse and repression have persisted throughout the region. 

The Myanmar military attacked the country’s Rohingya minority in 2017, subjecting hundreds of thousands to ethnic cleansing and alleged genocide. Both the International Court of Justice and International Criminal Court (ICC) are seized with cases investigating this massive assault on the Rohingya minority population. 

The Chinese government has treated the Uyghur minority living mainly in Xinjiang with such stark repression that allegations of crimes against humanity and genocide are common. Just as Pol Pot pressed urban and educated Cambodians into forced labor in the agricultural sector, China has channeled Uyghurs into re-education camps and forced labor in manufacturing factories, as well as deprived them of fundamental rights reminiscent of the Pol Pot era. 

An ethnic Uighur couple waits as a truck loaded with Chinese paramilitary police is driven out of a temporary base position outside a main mosque in Urumqi.
An ethnic Uyghur couple waits as a truck loaded with Chinese paramilitary police is positioned outside a mosque in Ürümqi, the capital of the Xinjiang Uyghur Autonomous Region. Nir Elias/Reuters

The Communist regime in North Korea has been committing crimes against humanity domestically for decades. During his term as president of the Philippines, Rodrigo Duterte allegedly oversaw thousands of extrajudicial killings in his war on drugs. He recently was arrested by the ICC and is being held in a prison in The Hague, where he is awaiting a “confirmation” hearing to determine if he will stand trial for crimes against humanity. 

There is no doubt now that the atrocity crimes of the Pol Pot regime have been well documented by the ECCC’s jurisprudence and will continue to be examined by historians. But that does not guarantee the end of such assaults on humankind globally any more than did the trials in Nuremberg and Tokyo, nor the countless historical accounts regarding what happened during World War II. Yet, Cambodia has acknowledged the reality of what occurred in the 1970s and, imperfectly but significantly, achieved both a measure of credible justice and preserved the horrific memory of the atrocities for later generations to absorb. That’s a start.

This work represents the views and opinions solely of the author. The Council on Foreign Relations is an independent, nonpartisan membership organization, think tank, and publisher, and takes no institutional positions on matters of policy.

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