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whether the enemies who were annihilated had been killed during the fighting or
instead after they had been captured and disarmed.
126. In “Nouvelles du Cambodge” the official publication of the FUNK, dated April
1974 the capture of Oudong was described somewhat differently: “On 18 March 1974
Oudong was totally liberated. An enemy division was totally wiped out and 30,000
inhabitants of that town and surrounding areas successfully crossed over the liberated
zone. It is only after the FAPLNK had totally destroyed the military positions, the
administrative power, detention camps, the pacification centres at Oudong that the
traitors rushed reinforcement troops. But they too were totally trounced and decimated
in great numbers.”367
127.
Based on the foregoing, the Chamber is satisfied that a CPK policy targeting
soldiers and officials of the Khmer Republic existed prior to 1975. There were some
variations in this policy depending on circumstances and locations. 368 But with the
escalation of the war in Cambodia and the power exercised by the CPK on cadres
within their control increasing, this policy which was initially relatively lenient,
became more radical and in several instances there were mass killings of Khmer
Republic soldiers after their capture. The policy as effected was in marked contrast
with the official policy disseminated by the FUNK once the country was under CPK
control promising the death penalty only for the ‘seven super-traitors’. Furthermore
the Chamber finds that Khmer Republic soldiers, likely numbering in the thousands,
were executed en masse immediately after the seizure of Oudong, the CPK leadership
was aware of the event, and, as noted below, discussed it during the Central
Committee meeting held in June 1974.369
367
FUNK Publication, E3/114, ERN (En) 00280556-57 ; See also, Khieu Samphan Appeals for
Intensified Struggle 15 March (FBIS Collection of March 1975), 15 March 1975, ERN (En) 00166827
(“We liberated Oudong and several important townships […] In brief, the enemy is in agony
everywhere. The enemy troops are demoralized, desperate and being routed everywhere […] the enemy
forces can clearly see that if they accept orders to carry on the fighting against us they will die.”)
368
T. 8 May 2013 (Philip SHORT), pp. 100-102.
369
See Section 3: Historical Background, paras 132-152.
Case 002/01, Judgement, 7 August 2014 - Public
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