002/19-09-2007-ECCC-OCIJ ЮŲŠ / No: D427
148.
Duch explains that in the period immediately after 17 April 1975 - in the absence of any
centre security organ – orders to execute ex-Khmer Republic officers and others who were
considered enemies - were carried out by military personnel answering to zone secretaries,
who received their orders from the Standing Committee.447 Zone units entering Phnom
Penh448 and by zone and subordinate units entering other towns, such as Pursat in the
Northwest Zone449 carried out executionzs.450
Involvement by zone, sector and district
military forces in local executions continued in some parts of the country throughout the
regime. This was the case at the West Zone Sector 37 and Prey Nup District security complex
at Koh Kyang,451 the autonomous Sector 105 security complex at Phnom Kraol in Koh
Nhek,452 and the Prey Damrei Srot district security complex in Kampong Tralach Leu District
(12) of West Zone Sector 31.453
149.
According to one witness, the decision to carry out purges within the military ranks was made
by the Standing Committee, with Son Sen acting on the orders of Pol Pot, Nuon Chea and Ta
Mok”.454 He also referred to the existence of a purge “planning meeting of the Standing
Committee which comprised Pol Pot, Nuon Chea and Ieng Sary”.455 The same witness reports
that the purge orders were conveyed at a meeting of military commanders convened by Pol
Pot, Nuon Chea, Ta Mok and Son Sen.456
VI.
150.
ARMED CONFLICT
Almost immediately following the entry into Phnom Penh of the Cambodian People’s
National Liberation Armed Forces (CPNLAF) on 17 April 1975, a state of international
armed conflict came into existence between the Socialist Republic of Vietnam and
Democratic Kampuchea. Protracted armed hostilities continued until the capture of Phnom
Penh on 7 January 1979 by Vietnamese forces and beyond.
151.
Although the existence of the international armed conflict between Democratic Kampuchea
and the Socialist Republic of Vietnam was not officially recognised until 31 December 1977
with a statement by the Cambodian Ministry of Foreign Affairs severing diplomatic ties
between the two States,457 it may be concluded that from mid-April 1975 there were ongoing,
frequent and escalating armed hostilities between the two States at all times leading up to the
fall of the CPK.
152.
In fact, there is clear evidence demonstrating that Democratic Kampuchea and the Socialist
Republic of Vietnam were engaging in armed hostilities in 1975,458 1976,459 1977460 and
Extraordinary Chambers in the Courts of Cambodia, National Road 4, Choam Chao, Dangkao Phnom Penh
Mailing address: P.O. Box 71, Phnom Penh; Tel: +855(0)23 218914 Fax: +855(0) 23 218941.
40
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