Cambodia’s National Assembly has unanimously approved a bill that imposes harsher penalties for denying the atrocities committed under the Khmer Rouge regime, which ruled the country from 1975 to 1979. The regime, led by the late Pol Pot, is blamed for the deaths of an estimated 1.7 million people due to execution, forced labour, starvation, and disease.
On Tuesday, all 115 lawmakers voted in favour of the seven-article bill, which aims to prevent the recurrence of such crimes and deliver justice to victims. Under the new law, denying or questioning the Khmer Rouge’s crimes could result in up to five years in prison and fines ranging from 2,500to2,500to125,000.
The move comes a decade after Cambodia introduced a similar law in 2013, which criminalised the denial of Khmer Rouge atrocities. That law was enacted after then-Prime Minister Hun Sen accused an opposition lawmaker of claiming that some evidence of the regime’s crimes had been fabricated by Vietnam. The 2013 law carried lighter penalties, with prison terms of six months to two years and fines of up to $1,000.
Critics, however, argue that both the 2013 law and the newly passed bill are politically motivated, designed to suppress opposition voices. Hun Sen, who ruled as prime minister for 38 years before handing power to his son, Hun Manet, in 2023, has long been accused of using the judiciary to intimidate political opponents. Rights groups have repeatedly criticised Cambodia’s courts for being closely aligned with the ruling Cambodian People’s Party (CPP).
Key provisions of the new law
- Stricter penalties: The new law significantly increases penalties compared to the 2013 legislation, which imposed prison terms of six months to two years and fines of up to $1,000.
- Targeted offences: The bill specifically criminalises the denial, rejection, or objection to crimes proven by the UN-backed tribunal, including genocide, crimes against humanity, and violations of international humanitarian law.
The bill now moves to the Senate for approval, a step seen as a formality, and is expected to be signed into law by King Norodom Sihamoni shortly thereafter.
Historical context and international recognition
The Khmer Rouge’s brutal rule has been extensively documented by the Extraordinary Chambers in the Courts of Cambodia (ECCC), a UN-backed tribunal that conducted trials starting in 2009. The tribunal found the regime guilty of genocide, crimes against humanity, and grave breaches of the 1949 Geneva Conventions.
The timing of the bill’s passage is significant, coming just two months before the 50th anniversary of the Khmer Rouge’s rise to power on April 15, 1975, following a five-year civil war. The regime was ousted in 1979 after an invasion by neighbouring Vietnam.
For most Cambodians who lived through the Khmer Rouge era, the regime’s brutal legacy is undeniable. Aside from a few surviving senior leaders and ageing veterans of the movement, there is little dispute over the scale of the human rights violations committed during that time.
In May 2024, Hun Sen, now serving as Senate president and head of the CPP, argued that the 2013 law needed updating. He warned that political opponents could incite a “colour revolution” – a reference to uprisings in Ukraine and other former Soviet states – potentially leading to a genocidal conflict reminiscent of the Khmer Rouge era.
Hun Sen, a former mid-ranking Khmer Rouge commander who defected from the regime, has long used the memory of the genocide to consolidate his political power. His government’s approach to dissent has drawn widespread criticism, with opponents often facing legal action in courts perceived as biased in favour of the ruling party.
As Cambodia prepares to mark half a century since the Khmer Rouge’s rise, the new law underscores the enduring impact of that dark chapter in the nation’s history – and the ongoing political tensions it continues to fuel.
