New Zealand Governor General shortlisted for Cambodian war crimes tribunal

Governor General shortlisted for war crimes tribunal

29.11.05 1.00pm
By Rachel Pannett


HO CHI MINH CITY, Vietnam - Governor General Dame Silvia Cartwright
could be set to take a serious leap onto the international stage when
her current role ends next year, after being short listed by the United
Nations for a Cambodian war crimes tribunal.

The former District and High Court judge is the most high profile of
three New Zealand candidates named on the UN website. The others are
District Court judges Robert Spear and Fred McElrea.

The UN is helping Cambodia set up special mixed courts to try ageing
former leaders of the Khmer Rouge regime, accused of killing over a
million civilians during the 1970s. It is head hunting five
international judges to sit on the trial and appeal courts. The 11
short listed judges will be interviewed in New York next week.

Dame Silvia, in Vietnam on a state visit designed to promote New
Zealand's trade interests, said she was nervous about the interview --
her first since graduating from law school at Otago in 1969.

"If I don't get selected, I will be pink with embarrassment," she told
NZPA.

Dame Silvia, who, in her four years as Governor General has evolved the
role into that of a high level diplomat, said sitting on the tribunal
would fulfill a goal that has been pressing on her conscience since
turning down a chance to try Rwandan war criminals in 1995.

"I felt then that it was something I should be doing, but I couldn't
for a whole lot of reasons. It has lurked in the back of my mind ever
since."

Her previous international experience includes 8 years on a UN
committee set up to eliminate discrimination against women.

If appointed, she will face a harrowing task. The Khmer Rouge seized
power in Cambodia in 1975 and killed more than a million people during
four years of terror and misrule. When the Khmer Rouge were ousted in
1979 by forces from neighbouring Vietnam, the United States supported
the Khmer Rouge exiles and assured their continuing seat in the UN.
That kept Cambodian politics in turmoil and prevented the pursuit of
justice for the mass killings until March 17, 2003, when, after five
years of negotiations, the UN reached a draft agreement with the
Cambodian government for the tribunal.

Dame Silvia said her 20 years' experience as a District and High Court
judge would make her a good candidate for the role.

"If I am appointed, and become a trial judge, it is going to be really
harrowing, no question about that," she said.

"You've got to be physically and mentally strong to cope with even the
things that a New Zealand judge does.

"You cannot let it get to you, otherwise you are failing the people who
bring their stories before you. You have got to keep the trial going on
an even keel, with everyone getting treated the same way.

"It's your job. You go away and you cry in the background, you don't do
it in front of people."

Human rights groups fear the Cambodian government's ability to impose
its will on the Cambodian judges -- who will make up the majority in
both courts -- will pose an obstacle to justice.

It is also feared that, with many likely defendants over the age of 70,
time is running out for justice to be served. Many Khmer Rouge leaders
have already died of old age, including the notorious Pol Pot and his
wife, Khieu Ponnary.

Dame Silvia said today that, if appointed, one of her main tasks would
be to work with the other judges to make sure the trial is fair, and
independent.

The successful candidates will spend at least a year in Cambodia as the
trials play out.

Dame Silvia said her visit to Vietnam has given her an insight into
what it would be like to live in this part of the world.

"I'd have to learn some new skills. I've had a pretty privileged life
for the last 20-30 years," she said.

"I think it'll be another adventure."

For now, her focus remains on the role of Governor General, and
completing the six-day state visit to Vietnam -- her 11th such
assignment since 2001.

"This is my job, and I'm going to keep doing it until the day I
finish."

- NZPA





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