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.
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