Khieu Samphan waits for a verdict at the the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh in 2018. Reuters
Khieu Samphan waits for a verdict at the the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh in 2018. Reuters
Khieu Samphan waits for a verdict at the the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh in 2018. Reuters
Khieu Samphan waits for a verdict at the the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh in 2018. Reuters


Why the Khmer Rouge leader's trial is still important


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August 18, 2021

This week, a 90-year-old man is up before a UN-backed war crimes tribunal in Phnom Penh, Cambodia. Khieu Samphan’s appeal against his genocide conviction should in theory shine a light upon one of the most terrible periods of Cambodian history. The defendant was head of state during the years the country was ruled by the Khmer Rouge from 1975-79. In that time, over a quarter of the population died during a murderous, Maoist failed attempt to turn Cambodia into an agrarian utopia.

Khieu’s trial is in some ways symbolic; he is already serving a life sentence after being found guilty in 2014 of crimes against humanity. But it is also important, not least because it may be the last of the cases to be heard by the Extraordinary Chambers in the Courts of Cambodia (ECCC) set up in 2006 to bring former Khmer Rouge leaders to account for the horrors they inflicted upon their country all those decades ago.

It is also an impressive exception to the climate of impunity in the region. While no other South-East Asian leader stands accused of being responsible for the deaths of millions, justice was denied to the more than 500,000 victims of the anti-communist purge perpetrated in Indonesia from 1965 to 1966, while it seems entirely possible that none of Myanmar’s past and present leadership will ever have to answer for their persecution and ethnic cleansing of the Rohingya. The trials in Cambodia came far too late for many – not least the Khmer Rouge leader Pol Pot, known as "Brother Number One", who died before the court was established – but they do represent the country delivering a real reckoning with its past.

Well, some of its past, anyway. One criticism of the tribunal is that although it has cost $300 million so far, it has resulted in only three convictions. The age of some defendants partially explains this. The regime’s foreign minister, Ieng Sary, died mid-trial in 2013, and his wife, the former social affairs minister, Ieng Thirith, was deemed unfit for trial because of her dementia.

A Rohingya refugee is seen in Balukhali refugee camp at dawn near Cox's Bazaar, Bangladesh. Reuters
A Rohingya refugee is seen in Balukhali refugee camp at dawn near Cox's Bazaar, Bangladesh. Reuters

“Comrade Duch”, the head of the notorious Tuol Sleng (S-21) prison camp which is now a genocide museum, was sentenced to life imprisonment, as was Nuon Chea, “Brother Number Two” to Pol Pot. But those verdicts, along with those on Khieu Samphan – assuming his second is upheld – constitute a paltry number considering the hellish nightmare the Khmer Rouge unleashed upon Cambodia.

Prime Minister Hun Sen – himself a one-time Khmer Rouge commander until he defected to the Vietnamese-backed opposition forces – is strongly opposed to any further trials, warning that bringing back the ghosts of the past risks instability or even civil war.

But the truth is that it suits many not to delve too deeply into the history of the Khmer Rouge, who continued to exist well into the 1990s. Despite being forced out of Cambodia after Vietnam invaded in 1979, the international community allowed the organisation to continue holding the country’s seat at the UN until 1993, first on its own and then as part of a coalition government-in-exile opposed to the administration Hanoi had installed.

This was not least due to support for the Khmer Rouge from the US and China, because both were fiercely aligned against Vietnam. China actively propped up the group, with military advisers and money. America’s involvement was more shadowy, with former secretary of state Henry Kissinger saying: “I don't believe we did anything for Pol Pot. But I suspect we closed our eyes when some others did something for Pol Pot." Many have accused the US of giving covert aid.

On occasion, the assistance was out in the open. The veteran Singaporean diplomat Bilahari Kausikan recalled that when the UN held an international conference on Cambodia in 1981, the Association of South-East Asian Nations proposed that there should be elections as and when the Vietnamese withdrew, but that China and the US wanted the Khmer Rouge to come back to government. “The US supported the return of a genocidal regime. Did any of you imagine that the US once had in effect supported genocide?” he asked an audience at a lecture in 2016.

Cambodian Prime Minister Hun Sen was formerly a member of Khmer Rouge.
Cambodian Prime Minister Hun Sen was formerly a member of Khmer Rouge.
Did any of you imagine that the US once had in effect supported genocide?
Bilahari Kausikan

Little of this is remembered today, which is convenient. The communist government backed by Vietnam – through which Hun Sen first became prime minister – may have been repressive and cruel, but it would surely be incomprehensible to younger Americans to learn that successive US administrations preferred a group that killed possibly up to three million of their fellow countrymen. These are facts that should be better known.

Will the UN-backed tribunal in Cambodia succeed in increasing understanding about those years of “the killing fields”? Sebastian Strangio, whose book Cambodia: From Pol Pot to Hun Sen and Beyond is an authoritative history of the country’s modern times, thinks so – partly.

“The ECCC has left behind an archive of testimony that will be a rich resource for a future generation of historians,” he tells me. “It has also helped to initiate a public discussion about the Khmer Rouge and the horrific acts committed during its three years, eight months, and 20 days in power. For some there has also been power in seeing once-untouchable people put on trial.”

It has been no equivalent to the Nuremberg trials that prosecuted the chief Nazi leaders after the Second World War. “Given how tightly circumscribed the ECCC has been by politics – both domestic and international – it’s hard to say that the tribunal has fulfilled the heavy expectations that were heaped upon it,” says Mr Strangio.

Maybe so. But it still provides an example for the region as to how a painful history can be re-examined and at least some justice be seen to be done. “In the West, you remember everything,” Fadli Zon, the former deputy speaker of the Indonesian parliament, once said to me. “Here, we forget very easily.” In Cambodia, and hopefully the world, perhaps not so easily now.

Manikarnika: The Queen of Jhansi

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Producer: Zee Studios, Kamal Jain

Cast: Kangana Ranaut, Ankita Lokhande, Danny Denzongpa, Atul Kulkarni

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Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

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Starring: Amanda Seyfried, James Norton

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Premier League

Manchester United 2 (Martial 30', Lingard 69')
Arsenal 2 (Mustafi 26', Rojo 68' OG)

The Year Earth Changed

Directed by:Tom Beard

Narrated by: Sir David Attenborough

Stars: 4

Our legal consultant

Name: Dr Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Company profile

Date started: Founded in May 2017 and operational since April 2018

Founders: co-founder and chief executive, Doaa Aref; Dr Rasha Rady, co-founder and chief operating officer.

Based: Cairo, Egypt

Sector: Health-tech

Size: 22 employees

Funding: Seed funding 

Investors: Flat6labs, 500 Falcons, three angel investors

The 12 Syrian entities delisted by UK 

Ministry of Interior
Ministry of Defence
General Intelligence Directorate
Air Force Intelligence Agency
Political Security Directorate
Syrian National Security Bureau
Military Intelligence Directorate
Army Supply Bureau
General Organisation of Radio and TV
Al Watan newspaper
Cham Press TV
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AI traffic lights to ease congestion at seven points to Sheikh Zayed bin Sultan Street

The seven points are:

Shakhbout bin Sultan Street

Dhafeer Street

Hadbat Al Ghubainah Street (outbound)

Salama bint Butti Street

Al Dhafra Street

Rabdan Street

Umm Yifina Street exit (inbound)

Who has lived at The Bishops Avenue?
  • George Sainsbury of the supermarket dynasty, sugar magnate William Park Lyle and actress Dame Gracie Fields were residents in the 1930s when the street was only known as ‘Millionaires’ Row’.
  • Then came the international super rich, including the last king of Greece, Constantine II, the Sultan of Brunei and Indian steel magnate Lakshmi Mittal who was at one point ranked the third richest person in the world.
  • Turkish tycoon Halis Torprak sold his mansion for £50m in 2008 after spending just two days there. The House of Saud sold 10 properties on the road in 2013 for almost £80m.
  • Other residents have included Iraqi businessman Nemir Kirdar, singer Ariana Grande, holiday camp impresario Sir Billy Butlin, businessman Asil Nadir, Paul McCartney’s former wife Heather Mills. 
Hunting park to luxury living
  • Land was originally the Bishop of London's hunting park, hence the name
  • The road was laid out in the mid 19th Century, meandering through woodland and farmland
  • Its earliest houses at the turn of the 20th Century were substantial detached properties with extensive grounds

 

What is the definition of an SME?

SMEs in the UAE are defined by the number of employees, annual turnover and sector. For example, a “small company” in the services industry has six to 50 employees with a turnover of more than Dh2 million up to Dh20m, while in the manufacturing industry the requirements are 10 to 100 employees with a turnover of more than Dh3m up to Dh50m, according to Dubai SME, an agency of the Department of Economic Development.

A “medium-sized company” can either have staff of 51 to 200 employees or 101 to 250 employees, and a turnover less than or equal to Dh200m or Dh250m, again depending on whether the business is in the trading, manufacturing or services sectors. 

UAE currency: the story behind the money in your pockets
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COMPANY PROFILE

Company name: Happy Tenant

Started: January 2019

Co-founders: Joe Moufarrej and Umar Rana

Based: Dubai

Sector: Technology, real-estate

Initial investment: Dh2.5 million

Investors: Self-funded

Total customers: 4,000

Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

Our family matters legal consultant

Name: Hassan Mohsen Elhais

Position: legal consultant with Al Rowaad Advocates and Legal Consultants.

Dubai Bling season three

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Rating: 1/5

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Denmark 1-1 Ireland 

7/06/19, Euro 2020 qualifier 

Denmark 0-0 Ireland

19/11/2018, Nations League

Ireland 0-0 Denmark

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Ireland 1 Denmark 5

14/11/2017, World Cup qualifier

Denmark 0-0 Ireland

11/11/2017, World Cup qualifier

 

 

 

Living in...

This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.

Updated: August 18, 2021, 9:00 AM