A performance depicting the crimes of the Khmer Rouge era on May 20, the ‘National Day of Remembrance’ in May 2024. Choeugn Ek Genocidal Center
The Ministry of Justice is drafting a new law aimed at criminalising the denial of crimes committed during the Democratic Kampuchea regime, with the stated goal of providing justice to victims and preventing such atrocities from reoccurring in Cambodia.
.jpg)
The draft law, consisting of seven articles, reached the final stage of review and discussion at the Office of the Council of Ministers as of December 25, according to a statement by the council.
The release explained that the law will “prescribe punishments for individuals who deny, trivialise, reject or dispute the authenticity of crimes committed during the Democratic Kampuchea regime, as well as glorify such crimes, which have been recognised through final judgments or ongoing proceedings of the Extraordinary Chambers in the Courts of Cambodia (ECCC)”.
In 2013, Cambodia enacted a law titled “Law Against Non-Recognition of the Crimes Committed During the Democratic Kampuchea Period”, which contained five articles. It prescribed terms of imprisonment of six months to two years and fines ranging from one million to four million riel ($250 to $1,000) for those who denied Khmer Rouge crimes.
The Office of the Council of Ministers announced that the new law will replace the 2013 law, and incorporates a more comprehensive framework which aligns with the Kingdom’s current socio-economic context.
Crimes committed during the Khmer Rouge era include genocide, crimes against humanity and grave breaches of the 1949 Geneva Conventions, in addition to severe violations of Cambodian criminal law, international humanitarian law and various international conventions recognised by Cambodia.
“The denial, trivialisation, rejection or disputing the authenticity of these three types of crimes is not an exercise of freedom of expression but rather a grave insult to the memory of those who perished and the victims who continue to suffer to this day,” said the statement.
The content of the draft law has not been publicly disclosed during this stage of review.
Vongsy Vissoth (left), permanent deputy prime minister, and justice minister Koeut Rith lead a meeting to review the draft law on December 25. Council of Ministers
Between one and three million people were killed during the reign of the Democratic Kampuchea regime, which lasted from April 17, 1975, to January 6, 1979.
Some Khmer Rouge leaders have been convicted, while others died during proceedings at the ECCC, which formally concluded in late 2022.
In May, Senate president Hun Sen suggested that the law be updated, referencing the perceived threat of a “colour revolution” as the similar to the one which toppled King Norodom Sihanouk in 1970, leading to a series of conflicts which ultimately led to the Khmer Rouge ruling the country. He warned that if a colour revolution took place, it would lead to bloodshed.
Pheng Pong-Rasy, director of DC-Cam’s Education on Genocide Programme, and head of DC-Cam’s Prey Veng and Takeo branches, expressed his support for the new law.
He believed it is essential to prevent historical distortion and ensure that no individual can mislead others into believing distorted narratives.
He added that denying the existence of the Khmer Rouge regime would deepen the trauma of survivors and victims.
He emphasised the importance of providing concrete examples and evidence, including testimonies taken from many of the approximately five million survivors and related documents, to teach future generations.
“As a historian and educator, I welcome this law because it ensures clarity about our true history and reinforces trust among Cambodians that the Khmer Rouge regime did indeed exist,” he told The Post.
