The Khmer Rouge tribunal law signed by King Norodom Sihanouk Friday should take precedence over the anticipated memorandum of understanding with the UN, Prime Minister Hun Sen said Tuesday.
“Some have said the law must be in conformity with the memorandum. But if the memorandum is official, then we don’t need the law….No one cuts the head to suit the hat,” Hun Sen said.
The government would not be able to sign articles of cooperation if the UN changes just one point of the law, the prime minister said during a speech in Pursat province.
“I was elected by the assembly, so I cannot do anything against the law. Cambodian negotiators must use the law…and no one can go past one line or one word written in the law,” he said.
Meanwhile, the UN’s top legal negotiator said by telephone from New York that anticipated talks between the government and the UN could begin in several weeks. But he said his involvement in creating a special court in Sierra Leone could delay the beginning of the negotiations.
“My only concern is that I have to oversee the setting up of a similar tribunal in Sierra Leone. That is something I had not counted on,” UN Undersecretary for Legal Affairs Hans Corell said.
Corell said he expected to receive an official translation soon and a Khmer-language version of the tribunal law either by fax or courier. He declined comment when asked what issues he expected to be discussed at the negotiations.
“It would be irresponsible to make any comments on negotiations until I have seen a translation,” Corell said.
A letter sent to the government from UN Secretary-General Kofi Annan in February outlined concerns with the law, including whether the tribunal would have the ability to indict every suspect.
On Tuesday, Hun Sen said the tribunal would have the ability to accuse any former Khmer Rouge leader.
“The government doesn’t have the right, and I don’t have the right, to prevent the court from accusing anyone,” he said.
Annan’s letter also stated that the UN leader wanted a guarantee written into the memorandum of understanding that the government will arrest all who are indicted.
The UN would also like to appoint the court’s deputy director and receive a guarantee from the government that defendants could appoint their own counsel.
The law, passed by parliament in July and signed by the King Friday, contained just one small change from the law in January. A reference to the death penalty, which is outlawed by Cambodia’s constitution, was deleted.
Corell last visited Cambodia in July 2000, when he met with Minister of Cabinet Sok An to discuss a draft agreement between the UN and the government.
Last month, Annan gave tentative approval to a joint UN-Sierra Leone war crimes tribunal to prosecute people responsible for atrocities during the West African nation’s civil war. Corell now must also negotiate an agreement with the Sierra Leone government.
