002/19-09-2007-ECCC-OCIJ ЮŲŠ / No: D427 1978-January 1979.461 Despite there being a number of lulls in the fighting (particularly prior to 1977) at no point had a general conclusion of peace been reached between the two States, such that the international armed conflict would cease to exist. 153. The CPNLAF, later renamed the Revolutionary Army of Kampuchea (RAK), engaged in armed hostilities with the Vietnam People’s Army during various Vietnamese attacks and incursions into Democratic Kampuchea territory462 as well by the RAK into the territory of the Socialist Republic of Vietnam.463 Furthermore, invasions and fighting took place on various islands in the Gulf of Thailand disputed by the two States.464 154. The scope and intensity of the international armed conflict increased steadily and eventually resulted in two large-scale incursions of Democratic Kampuchea by Vietnamese forces in December 1977 and December 1978. The later invasion lead Democratic Kampuchea to seize the United Nations Security Council of the matter on 31 December 1978.465 By 7 January 1979, the RAK had been forced to flee Phnom Penh and, from that point forward, the CPK regime rapidly lost effective control of the greater part of Cambodian territory. 155. In its 26 July 2010 Judgement in the Duch case, the Trial Chamber confirmed that at all times from April 1975 to 7 January 1979, there existed an international armed conflict between the two States that was subject to the provisions of the Geneva Conventions 1949.466 VII. 156. FACTUAL FINDINGS OF JOINT CRIMINAL ENTERPRISE The common purpose of the CPK leaders was to implement rapid socialist revolution in Cambodia through a “great leap forward” and defend the Party against internal and external enemies, by whatever means necessary. 157. To achieve this common purpose, the CPK leaders inter alia designed and implemented the five following policies:  The repeated movement of the population from towns and cities to rural areas, as well as from one rural area to another;  The establishment and operation of cooperatives and worksites;  The reeducation of “bad-elements” and killing of “enemies”, both inside and outside the Party ranks; 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. 41

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