Document Type

Article

Disciplines

International Law

Abstract

In recent years, a small number of lawmakers, scholars, and human rights activists3 have advocated bringing an action against Cambodia's Khmer Rouge under the Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention.4 Although the Khmer Rouge's three-and-one-half year reign ended more than a decade ago, attempts to focus international attention on that regime's atrocities have been impeded by political, and, to a lesser extent, legal concerns.

This article will examine the potential efficacy of a Genocide Convention action against the Khmer Rouge. Part I discusses relevant Convention provisions. Part II describes several Khmer Rouge actions between 1975 and 1979, and explores whether such actions constitute "genocide" within the meaning of the Convention. Part III examines the present situation in Cambodia and discusses how a Genocide Convention action might be used to prevent genocide both in Cambodia and internationally. Part IV discusses the utility of such an action as a validation of the survivors' experiences, and Part V examines additional benefits that might accrue to Cambodia as a result of such an action.

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