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the attack.577 The Chamber finds that such knowledge is not a requirement of crimes
against humanity before the ECCC and accordingly rejects this submission.
4.1.2. Legal Findings
193. The Chamber is satisfied that beginning by 17 April 1975 and continuing at
least until December 1977, the temporal period at issue in Case 002/01, there was a
widespread and systematic attack against the civilian population of Cambodia. The
attack took many forms, including forced transfer, murder, extermination, enforced
disappearance and persecution.578 This attack victimised millions of civilians
throughout Cambodia and resulted in a large number of refugees fleeing to
neighbouring countries.579 The attack was carried out in furtherance of, and pursuant
to, Party policies and plans to build socialism and defend the country.580 The Chamber
is satisfied that the attack was widespread in both its geographical scope and number
of victims. The Chamber also finds that the attack was systematic insofar as crimes of
such scope and magnitude could not have been random and were carried out
repeatedly and deliberately in furtherance of, and pursuant to, Party policies.
194. The Chamber finds that this attack was directed against the civilian population
of Cambodia. The armed conflict between the Khmer Republic and Khmer Rouge
ended on 17 April 1975 when the Khmer Rouge captured Phnom Penh and the Khmer
Republic forces surrendered.581 Thereafter, all Khmer Republic soldiers not taking a
direct part in hostilities were civilians or, at minimum, hors de combat, thereby
enjoying the same protections as civilians. In any event, former Khmer Republic
soldiers only formed part of the millions of civilians attacked.582
195. The Chamber further finds that the attack against the civilian population was
carried out on political grounds, pursuant to the plans and policies of the Party to
build socialism and defend the country. In order to accomplish this goal, the Party
577
KAING Guek Eav Trial Judgement, para. 319.
See Section 4: General Overview: 17 April 1975 – 6 January 1979, paras 169-173.
579
See Section 4: General Overview: 17 April 1975 – 6 January 1979, paras 169-173.
580
See Section 4: General Overview: 17 April 1975 – 6 January 1979, para. 169; Section 14: Joint
Criminal Enterprise, paras 724-738, 742-743, 777, 804-805, 835.
581
See Section 10: Movement of the Population (Phase One), paras 460, 501-502.
582
See Section 4: General Overview: 17 April 1975 – 6 January 1979, paras 170-172.
578
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