01005762
Case File No. 002/19-09-2007/ECCC/TC
E313
4. GENERAL OVERVIEW: 17 APRIL 1975 – 6 JANUARY 1979
168. The Chamber limited Case 002/01 to the factual allegations described in the
Closing Order, and characterised as crimes against humanity, as movement of
population (phase one), executions of former Khmer Republic officials at Tuol Po
Chrey and movement of population (phase two).493 However, according to the
Closing Order, these movements of population, executions and associated crimes
form part of a widespread attack against the civilian population carried out throughout
the DK era and in all regions of Cambodia.494 The Chamber therefore considers it
necessary to address briefly both the factual allegations charged as crimes against
humanity in Case 002/01 and the allegations concerning the larger context of the
attack in which these crimes were committed.
169. Between 17 April 1975 and December 1977, the temporal period at issue in
Case 002/01, the Khmer Rouge forcibly transferred the population from cities and
towns throughout Cambodia to rural areas and between these rural areas in order to
neutralise enemies, both internal and external, and to avert the threat of rebellion; to
eliminate and temper the capitalist and feudalist classes; and to build and expand
cooperatives.495 The Party identified the ‘New People’, including former government
officials, intellectuals, landowners, capitalists, feudalists and the petty bourgeoisie, as
key enemies of the revolution and collectivisation.496 To neutralise these enemies, the
Khmer Rouge re-educated, moved and eliminated ‘New People’ and other groups
493
Annex: List of Paragraphs and Portions of the Closing Order Relevant to Case 002/01, Amended
Further to the Trial Chamber’s Decision on IENG Thirith’s Fitness to Stand Trial (E138) and the Trial
Chamber’s Decision on Co-Prosecutors’ Request to Include Additional Crime Sites Within the Scope
of Trial in Case 002/01 (E163) (TC), E124/7.3.
494
Closing Order, paras 1350-1372.
495
See Section 10: Movement of the Population (Phase One), paras 547-574; Section 11: Movement
of the Population (Phase Two), paras 627-657; Section 14: Joint Criminal Enterprise, paras 777-778,
804-810, 835-837.
496
Revolutionary Flag, E3/5, August 1975, pp. 11-12, 26, 30-31, ERN (En) 00401486-87, 00401501,
00401505-06; Revolutionary Flag, E3/10, September-October 1976, p. 29, ERN (En) 00450529
(Among the new peasants were the petty bourgeoisie, the capitalists, the feudalists and other workers
and labourers. Therefore, there were life and death contradictions); Revolutionary Flag, E3/743, July
1977, p. 8, ERN (En) 004716163 (“Enemies” included the imperial aggressor and their servants of
every type, the feudalist landowner-capitalist classes, and the various oppressor classes).
Case 002/01, Judgement, 7 August 2014 - Public
95
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