Case One

Duch ran the notorious S-21 security center in Phnom Penh, where at least 14,000 men, women and children were held, tortured, and then executed as enemies of the revolution.

Duch was convicted of war crimes and crimes against humanity and was jailed for 30 years. He has appealed his conviction.

Duch was charged with implementing policy, in his case, that involved torture and executions to unmask so-called strings of traitors whom the regime believed were trying to undermine the revolution. But the four defendants in Case Two are effectively on trial for devising policy, which distances them from atrocities.

Clair Duffy monitors the tribunal on behalf of the Soros-funded Open Society Justice Initiative. She says that difference will likely feature in defense arguments.

A Cambodian man stands in front of human bones and skulls of victims of the Khmer Rouge at a small shrine in Phnom Sampove, Battambang province, 314 kilometers (195 miles) northwest of Phnom Penh (file photo)

“When we have seen trials of this scope involving defendants at that level of leadership allegedly, that is the kind of defense that has typically been run - either that they were not present at meetings where these kinds of policies were devised or that they weren’t aware of what actually was going to be the result of the policies that were being devised- i.e.: killings, torture, etc,” said Duffy.