Classified information [COSMIC TOP SECRET (CTS)] The International Union
Classified information
A typical classified document. Page 13 of a U.S. National Security Agency report[1] on the USS Liberty incident, partially declassified and released to the public in July 2004. The original overall classification of the page, “top secret”, and the Special Intelligence code word “umbra,” are shown at top and bottom. The classification of individual paragraphs and reference titles is shown in parentheses – there are six different levels on this page alone. Notations with leader lines at top and bottom cite statutory authority for not declassifying certain sections.
Classified information is a categorization applied to information that a government claims is sensitive information. Access is restricted by law or regulation to particular groups of persons. A formal security clearance is often required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation. There are typically several levels (classes) of sensitivity, with differing clearance requirements. This sort of hierarchical system of secrecy is used by virtually every national government. The act of assigning the level of sensitivity to data is called data classification. Although the root sense of the word “classified” is simply synonymous with “categorized“, it has developed a sense synonymous with “censored” in the context of classified information.
A distinction could be made between formal security classification and privacy markings such as “Commercial in confidence”.
Some corporations and non-government organizations also assign sensitive information to multiple levels of protection, either from a desire to protect trade secrets, or because of laws and regulations governing various matters such as personal privacy, sealed legal proceedings and the timing of financial information releases.
[edit] Government classification
The purpose of classification is to protect information from being used to damage or endanger national security. Classification formalises what constitutes a “state secret” and accords different levels of protection based on the expected damage the information might cause in the wrong hands.
However, classified information is frequently ‘leaked’ to reporters by officials for political purposes. Several US presidents have leaked sensitive information to get their point across to the public.[2][3]
[edit] Classification levels
Although the classification systems vary from country to country, most have levels corresponding to the following British definitions (from the highest level to lowest)
[edit] Top Secret (TS)
The highest level of classification of material on a national level. Such material would cause “exceptionally grave damage” to national security if made publicly available.
[edit] Secret
“It is desired that no document be released which refers to experiments with humans and might have adverse effect on public opinion or result in legal suits. Documents covering such work field should be classified `secret’.”
Such material would cause “serious damage” to national security if it were publicly available.
[edit] Confidential
Such material would cause “damage” or be “prejudicial” to national security if publicly available.
[edit] Restricted
Such material would cause “undesirable effects” if publicly available. Some countries do not have such a classification.
[edit] Unclassified
Technically not a classification level, but is used for government documents that do not have a classification listed above. Such documents can sometimes be viewed by those without security clearance.
There are a plethora of pseudo-classifications under this category. Please see the articles on Sensitive but unclassified and Controlled Unclassified Information for more information. Some government prosecutors have retro-actively changed unclassified information into classified information after charging someone with a crime; see the Thomas Andrews Drake case for example.
[edit] Clearance
Depending on the level of classification there are different rules controlling the level of clearance needed to view such information, and how it must be stored, transmitted, and destroyed. Additionally, access is restricted on a “need to know” basis. Simply possessing a clearance does not automatically authorize the individual to view all material classified at that level or below that level. The individual must present a legitimate “need to know” in addition to the proper level of clearance.
[edit] Compartmented information
In addition to the general risk-based classification levels above, often there are additional constraints on access, such as (in the U.S.) Special Intelligence (SI), which protects intelligence sources and methods, No Foreign dissemination (NOFORN), which restricts dissemination to U.S. nationals, and Originator Controlled dissemination (ORCON), which ensures that the originator can track possessors of the information. Documents in some compartments are marked with specific “code words” in addition to the classification level.
[edit] Nuclear information
Government information about nuclear weapons such as nuclear warheads often has an additional marking to show it contains such information.
[edit] Sharing classified information between countries
When a government agency or group shares information between an agency or group of other country’s government they will generally employ a special classification scheme that both parties have previously agreed to honour.
For example the marking ATOMAL, is applied to U.S. RESTRICTED DATA or FORMERLY RESTRICTED DATA and United Kingdom ATOMIC information that has been released to NATO. ATOMAL information is marked COSMIC TOP SECRET ATOMAL (CTSA), NATO SECRET ATOMAL (NSAT), or NATO CONFIDENTIAL ATOMAL (NCA).
In cases where a country wishes to share classified information bilaterally (or multilaterally) with a country that has a sharing agreement, the information is with the countries it can be shared with. Those countries would have to maintain the classification of the document at the level originally classified (TOP-SECRET, SECRET, etc.) with the appropriate caveat (USNZ, AUSGE, CANUK, etc.).
[edit] NATO classifications
For example, sensitive information shared amongst NATO allies has four levels of security classification; from most to least classified:
- COSMIC TOP SECRET (CTS),
- NATO SECRET (NS),
- NATO CONFIDENTIAL (NC), and
- NATO RESTRICTED (NR).
A special case exists with regard to NATO UNCLASSIFIED (NU) information. Documents with this marking is NATO property (copyright) and must not be made public without NATO permission. In general documents with this classification, aren’t cleared for internet-transmission either, unless clearly marked with RELEASABLE FOR INTERNET TRANSMISSION. Documents that can be made public however, should be clearly marked with NON SENSITIVE INFORMATION RELEASABLE TO THE PUBLIC.
In addition to the above classification levels NATO operates with
- COSMIC TOP SECRET – A
This level is given to people who need to have access to the joined Atomic program of NATO. This level is never given permanently to anyone, regardless of jobtitle – e.g. President of the U.S.A. etc. It is only given for short periods of time, when needed.
[edit] International organisations
- European Commission, has 5 levels, EU TOP SECRET, EU SECRET, EU CONFIDENTIAL, EU RESTRICTED, and EU COUNCIL / COMMISSION.[5] (Note that usually the French term is used)
- OCCAR, a European defence organisation, has three levels of classification: OCCAR SECRET, OCCAR CONFIDENTIAL, OCCAR RESTRICTED.[6]
[edit] By country
Facsimile of the cover page from an East German operation manual for the M-125 Fialka cipher machine. The underlined classification markings can be translated as “Cryptologic material! Secret classified material” de:Verschlusssache.
Most countries employ some sort of classification system for certain government information. For example, in Canada, information that the U.S. would classify SBU (Sensitive but Unclassified) is called “protected” and further subcategorised into levels A, B, and C.
[edit] Australia
On 19 July 2011, the National Security (NS) classification marking scheme and the Non-National Security (NNS) classification marking scheme in Australia was unified into one structure.
The Australian Government Security Classification system now comprises TOP SECRET, SECRET, CONFIDENTIAL and PROTECTED. A new dissemination limiting markers (DLMs) scheme was also introduced for information where disclosure may be limited or prohibited by legislation, or where it may otherwise require special handling. The DLM marking scheme comprises For Official Use Only (FOUO), Sensitive, Sensitive: Personal, Sensitive: Legal, and Sensitive Cabinet. [7]
Documents marked Sensitive Cabinet, relating to discussions in Federal Cabinet, are treated as PROTECTED at minimum due to its higher sensitivity.
Background checks for access to TOP SECRET material are carried out at either of two levels: at TOP SECRET NEGATIVE VETTING (TSNV), or at the more stringent and expensive TOP SECRET POSITIVE VETTING (TSPV) level, depending on the extent of required access to TOP SECRET material and on the potential damage to national security should such material be disclosed to unauthorised parties. Most background checks for access to TOP SECRET material are carried out at the TOP SECRET NEGATIVE VETTING level.
[edit] Brazil
In Brazil, a top secret (Ultrassecreto) government-issued document may be classified for a period of 25 years, which may be extended up to another 25 years. Thus, no document remains classified for more than 50 years. This is mandated by the 2011 Information Access Law (Lei de Acesso à Informação), a change from the previous rule, under which documents could have their classification time length renewed indefinitely, effectively shuttering state secrets from the public. The new law applies retroactively to existing documents.
[edit] Canada
[edit] Background and hierarchy
There are 2 main type of sensitive information designation used by the Government of Canada: Classified and Designated. The access and protection of both types of information is governed by the Security of Information Act, effective December 24, 2001, replacing the Official Secrets Act 1981.[8] To access the information, a person must have the appropriate level of clearance and a Need to know.
[edit] Special operational information
SOI is not a classification of data per se. It is defined under the Security of Information Act, and unauthorised release of such information constitutes a higher breach of trust, with penalty of life imprisonment.
SOIs include:
- military operations in respect of a potential, imminent or present armed conflict
- the identity of confidential source of information, intelligence or assistance to the Government of Canada
- tools used for information gathering or intelligence
- the object of a covert investigation, or a covert collection of information or intelligence
- the identity of any person who is under covert surveillance
- encryption and cryptographic systems
- information or intelligence to, or received from, a foreign entity or terrorist group
[edit] Classified information
Classified information can be designated Top Secret, Secret or Confidential. These classifications are only used on matters of national interest.
- Top Secret: This applies when compromise might reasonably cause exceptionally grave injury to the national interest. The possible impact must be great, immediate and irreparable.
- Secret: This applies when compromise might reasonably cause serious injury to the national interest.
- Confidential: When disclosure might reasonably cause injury to the national interest.
[edit] Designated information
Designated information is not classified. Designated information pertains to any sensitive information that does not relate to national security and cannot be disclosed under the access and privacy legislation because of the possible injury to particular public or private interests.[9][10]
- Protected C (Extremely Sensitive designated information): is used to protect extremely sensitive information if compromised, could reasonably be expected to cause extremely grave injury outside the national interest. Examples could include bankruptcy, identities of informants in criminal investigations, etc.
- Protected B (Particularly Sensitive designated information): is used to protect information that could cause severe injury or damage to the people or group involved if it was released. Examples include medical records, annual personnel performance reviews, etc.
- Protected A (Low-Sensitive designated information): is applied to low sensitivity information that should not be disclosed to the public without authorisation and could reasonably be expected to cause injury or embarrassment outside the national interest. Example of Protected A information could include employee number, pay deposit banking information, etc.
Federal Cabinet (Queen’s Privy Council for Canada) papers are either designated (i.e. overhead slides prepared to make presentations to Cabinet) or classified (draft legislations, certain memos).[11]
[edit] People’s Republic of China
A building in Wuhan housing provincial offices for dealing with foreign countries etc. The red slogan says, “Protection of national secrets is a duty of every citizen”
The Criminal Law of the People’s Republic of China (which is not operative in the Special Administrative Regions of Hong Kong and Macao) makes it a crime to release a state secret. Regulation and enforcement is carried out by the National Administration for the Protection of State Secrets.
Under the 1989 “Law on Guarding State Secrets,”[12] state secrets are defined as those that concern:
- Major policy decisions on state affairs;
- The building of national defence and in the activities of the armed forces;
- Diplomatic activities and in activities related to foreign countries and those to be maintained as commitments to foreign countries;
- National economic and social development;
- Science and technology;
- Activities for preserving state security and the investigation of criminal offences; and
- Any other matters classified as “state secrets” by the national State Secrets Bureau.[13]
Secrets can be classified into one of three categories:
- Top secret (绝密): Defined as “vital state secrets whose disclosure would cause extremely serious harm to state security and national interests”;
- Highly secret (机密): Defined as “important state secrets whose disclosure would cause serious harm to state security and national interests”; and
- Secret (秘密): Defined as “ordinary state secrets whose disclosure would cause harm to state security and national interests”.[13]
[edit] France
In France, classified information defined by article 413-9 of the Penal Code.[14] The three levels of military classification are
- Confidentiel Défense (Confidential Defence): Information deemed potentially harmful to national defence, or that could lead to uncovering an information classified at a higher level of security.
- Secret Défense (Secret Defence): Information deemed very harmful to national defence. Such information cannot be reproduced without authorisation from the emitting authority, except in exceptional emergencies.
- Très Secret Défense (Very Secret Defence): Information deemed extremely harmful to national defence, and relative to governmental priorities in national defence. No service or organisation can elaborate, process, stock, transfer, display or destroy information or protected supports classified at this level without authorisation from the Prime Minister or the national secretary for National Defence. Partial or exhaustive reproduction is strictly forbidden.
Less sensitive information is “protected”. The levels are
- Non Protégé (unprotected)
- Diffusion restreinte administrateur (“administrative restricted information”)
- Diffusion restreinte (“restricted information”)
- Confidentiel personnels Sous-Officiers (“Confidential non-commissioned officers”)
- Confidentiel personnels Officiers (“Confidential officers”)
A further mention, “spécial France” (reserved France) restricts the document to French citizens (in its entirety or by extracts). This is not a classification level.
Declassification of documents can be done by the Commission consultative du secret de la défense nationale (CCSDN), an independent authority. Transfer of classified information is done with double envelopes, the outer layer being plastified and numbered, and the inner in strong paper. Reception of the document involves examination of the physical integrity of the container and registration of the document. In foreign countries, the document must be transferred through specialised military mail or diplomatic bag. Transport is done by an authorised convoyer or habilitated person for mail under 20 kg. The letter must bear a seal mentioning “PAR VALISE ACCOMPAGNEE-SACOCHE“. Once a year, ministers have an inventory of classified information and supports by competent authorities.
Once their usage period is expired, documents are transferred to archives, where they are either destroyed (by incineration, crushing or electrical overtension), or stored.
In case of unauthorized release of classified information, competent authorities are the Ministry of Interior, the Haut fonctionnaire de défense et de sécurité (“high civil servant for defence and security”) of the relevant ministry, and the General secretary for National Defence. Violation of such secrets is an offence punishable with 7 years of imprisonment and a 100 000 Euro fine; if the offence is committed by imprudence or negligence, the penalties are 3 years of imprisonment and a 45 000 Euro fine.
[edit] Hong Kong
The Security Bureau is responsible for developing policies in regards to the protection and handling of confidential government information. In general, the system used in Hong Kong is very similar to the UK system, developed from the Colonial Hong Kong era.
Four classifications exists in Hong Kong, from highest to lowest in sensitivity:[15]
- Top Secret (高度機密)
- Secret (機密)
- Confidential (保密)
- Temporary Confidential (臨時保密)
- Restricted (限閱文件/內部文件)
- Restricted (staff) (限閱文件(人事))
- Restricted (tender) (限閱文件 (投標))
- Restricted (administration) (限閱文件 (行政))
Restricted documents are not classified per se, but only those who have a need to know will have access to such information, in accordance with the Personal Data (Privacy) Ordinance.[16][dead link]
[edit] New Zealand
New Zealand uses the Restricted classification, which is lower than Confidential. People may be given access to Restricted information on the strength of an authorisation by their Head of Department, without being subjected to the background vetting associated with Confidential, Secret and Top Secret clearances. New Zealand’s security classifications and the national-harm requirements associated with their use are roughly similar to those of the United States.
In addition to national security classifications there are two additional security classifications, In Confidence and Sensitive, which are used to protect information of a policy and privacy nature. There are also a number of information markings used within ministries and departments of the government, to indicate, for example, that information should not be released outside the originating ministry.
Because of strict privacy requirements around personal information, personnel files are controlled in all parts of the public and private sectors. Information relating to the security vetting of an individual is usually classified at the In Confidence level.
[edit] Russian Federation
In the Russian Federation, a state secret (Государственная тайна) is information protected by the state on its military, foreign policy, economic, intelligence, counterintelligence, operational and investigative and other activities, dissemination of which could harm state security.
[edit] Sweden
The Swedish classification has been updated due to increased NATO/PfP co-operation. All classified defence documents will now have both a Swedish classification (Kvalificerat Hemlig or Hemlig), and an English classification (Top Secret, Secret, Confidential or Restricted).[citation needed]
[edit] United Kingdom
The United Kingdom currently uses five levels of classification — from lowest to highest, they are: PROTECT, RESTRICTED, CONFIDENTIAL, SECRET and TOP SECRET (formerly MOST SECRET). Those working with such material should have the relevant security clearance and often are required to sign to confirm their understanding and acceptance of the Official Secrets Acts 1911 to 1989, although the Act applies in the same way regardless of signature. PROTECT is not in itself a security protective marking level (such as RESTRICTED or greater), but is used to indicate information which should not be disclosed because, for instance, the document contains tax, or national insurance or other personal information.
Government documents without a classification may be marked as UNCLASSIFIED or NOT PROTECTIVELY MARKED.[17]
[edit] United States
The U.S. classification system is currently established under Executive Order 13292 and has three levels of classification — Confidential, Secret, and Top Secret. The U.S. had a Restricted level during World War II but no longer does. U.S. regulations state that information received from other countries at the Restricted level should be handled as Confidential. A variety of markings are used for material that is not classified, but whose distribution is limited administratively or by other laws, e.g., For Official Use Only (FOUO), or Sensitive but Unclassified (SBU). The Atomic Energy Act of 1954 provides for the protection of information related to the design of nuclear weapons. The term “Restricted Data” is used to denote certain nuclear technology. Information about the storage, use or handling of nuclear material or weapons is marked “Formerly Restricted Data.” These designations are used in addition to level markings (Confidential, Secret and Top Secret). Information protected by the Atomic Energy Act is protected by law and information classified under the Executive Order is protected by Executive privilege.
[edit] Table of equivalent classification markings in various countries
(State) | Top Secret | Secret | Confidential | Restricted |
---|---|---|---|---|
Albania | Teper Sekret | Sekret | Konfidencial | I Kufizuar |
Argentina | Estrictamente Secreto y Confidencial | Secreto | Confidencial | Reservado |
Australia | Top Secret | Secret | Confidential | Protected |
Austria | Streng Geheim | Geheim | Vertraulich | Eingeschränkt |
Belgium (Dutch) | Zeer Geheim | Geheim | Vertrouwelijk | Beperkte Verspreiding |
Belgium (French) | Très Secret | Secret | Confidentiel | Diffusion restreinte |
Bolivia | Supersecreto or Muy Secreto |
Secreto | Confidencial | Reservado |
Bosnia | Strogo Povjerljivo | Tajno | Konfidencialno | Restiktirano |
Brazil | Ultra Secreto | Secreto | Confidencial | Reservado |
Bulgaria | Строго секретно | Секретно | Поверително | За служебно ползване |
Cambodia | Sam Ngat Bamphot | Sam Ngat Roeung | Art Kambang | Ham Kom Psay |
Canada | Top Secret/Très secret | Secret/Secret | Confidential/Confidentiel | Protected A, B or C / Protégé A, B ou C |
Chile | Secreto | Secreto | Reservado | Reservado |
China, People’s Republic of | Juémì (绝密) | Jīmì (机密) | Mìmì (秘密) | Nèibù (内部) |
China, Republic of | “Absolutely” Secret (絕對機密) | “Extremely” Secret (極機密) | Secret (機密) | no direct equivalent |
Colombia | Ultrasecreto | Secreto | Confidencial | Reserva del sumario |
Costa Rica | Alto Secreto | Secreto | Confidencial | |
Croatia | Vrlo tajno | Tajno | Povjerljivo | Ograničeno |
Czech Republic | Přísně tajné | Tajné | Důvěrné | Vyhrazené |
Denmark | Yderst Hemmeligt | Hemmeligt | Fortroligt | Til Tjenestebrug Foreign Service: Fortroligt (thin Black border) |
Ecuador | Secretisimo | Secreto | Confidencial | Reservado |
Egypt | Sirriy lil-Ġāyah سري للغاية |
Sirriy Ǧiddan سري جداً |
Khāṣ خاص |
Maḥzūr محظور |
El Salvador | Ultra Secreto | Secreto | Confidencial | Reservado |
Estonia | Täiesti salajane | Salajane | Konfidentsiaalne | Piiratud |
Ethiopia | Yemiaz Birtou Mistir | Mistir | Kilkil | |
European Union (EU) | TRES SECRET UE / EU TOP SECRET | SECRET UE / EU SECRET | CONFIDENTIEL UE / EU CONFIDENTIAL | RESTREINT UE / EU RESTRICTED |
European Union (Western) (WEU) | FOCAL TOP SECRET | WEU SECRET | WEU CONFIDENTIAL | WEU RESTRICTED |
Euratom | EURA TOP SECRET | EURA SECRET | EURA CONFIDENTIAL | EURA RESTRICTED |
Finland | Erittäin salainen (TLL I) | Salainen (TLL II) | Luottamuksellinen (TLL III) | Viranomaiskäyttö (TLL IV) |
France | Très secret défense | Secret défense | Confidentiel défense | Diffusion restreinte |
Germany | Streng Geheim | Geheim | VS-Vertraulich | VS-Nur für den Dienstgebrauch |
Greece | Άκρως Απόρρητον | Απόρρητον | Εμπιστευτικόν | Περιορισμένης Χρήσης |
Guatemala | Alto Secreto | Secreto | Confidencial | Reservado |
Haiti | Top Secret | Secret | Confidential | Reserve |
Honduras | Super Secreto | Secreto | Confidencial | Reservado |
Hong Kong | Top Secret, 高度機密 | Secret, 機密 | Confidential, 保密 | Restricted, 內部文件/限閱文件 |
Hungary | Szigorúan Titkos | Titkos | Bizalmas | Korlátozott Terjesztésű |
India (Hindi) | परम गुप्त (Param Gupt) | गुप्त (Gupt) | गोपनीय (Gopniya) | प्रतिबंधित/सीमित (Pratibandhit/seemit) |
India (English) | Top Secret | Secret | Confidential | Restricted |
Indonesia | Sangat Rahasia | Rahasia | Rahasia Dinas | Terbatas |
Iran | Fararaz فَراراز | Raz راز | Sar-be-moher سـَر به مـُهر | Sarbaste سَربسته |
Iraq | Sirriy lil-Ġāyah سري للغاية |
Sirriy سري |
Khāṣ خاص |
Maḥdūd محدود |
Iceland | Algert Leyndarmál | Leyndarmál | Trúnaðarmál | Þjónustuskjal |
Ireland (Irish language) | An-sicreideach | Sicreideach | Runda | Srianta |
Israel | Sodi Beyoter סודי ביותר |
Sodi סודי |
Shamur שמור |
Mugbal מוגבל |
Italy | Segretissimo | Segreto | Riservatissimo | Riservato |
Japan | Kimitsu, 機密 | Gokuhi, 極秘 | Hi, 秘 | Toriatsukaichuui, 取り扱い注意 |
Jordan | Maktūm Ǧiddan مكتوم جداً |
Maktūm مكتوم |
Sirriy سري |
Maḥdūd محدود |
Korea, South | I(Il)-Kup Bi Mil, 1급비밀 | II(I)-Kup Bi Mil, 2급비밀 | III(Sam)-Kup Bi Mil, 3급비밀 | Dae Woi Bi, 대외비 |
Korea, North | Unknown, 익명의 | Unknown, 익명의 | Unknown, 익명의 | Unknown, 익명의 |
Laos | Lup Sood Gnod | Kuam Lup | Kuam Lap | Chum Kut Kon Arn |
Latvia | Sevišķi slepeni | Slepeni | Konfidenciāli | Dienesta vajadzībām |
Lebanon | Tres Secret | Secret | Confidentiel | |
Lithuania | Visiškai Slaptai | Slaptai | Konfidencialiai | Riboto Naudojimo |
Malaysia | Rahsia Besar | Rahsia | Sulit | Terhad |
Mexico | Ultra Secreto | Secreto | Confidencial | Restringido |
Montenegro | Strogo Tajno | Tajno | Povjerljivo | Interno |
Netherlands[18] | STG. Zeer Geheim | STG. Geheim | STG. Confidentieel | Departementaal Vertrouwelijk |
New Zealand | Top Secret | Secret | Confidential | Restricted |
Nicaragua | Alto Secreto | Secreto | Confidencial | Reservado |
Norway | STRENGT HEMMELIG | HEMMELIG | KONFIDENSIELT | BEGRENSET |
Pakistan (Urdu) | Intahai Khufia | Khufia | Sigh-e-Raz | Barai Mahdud Taqsim |
Pakistan (English) | Top Secret | Secret | Confidential | Restricted |
Paraguay | Secreto | Secreto | Confidencial | Reservado |
Peru | Estrictamente Secreto | Secreto | Confidencial | Reservado |
Philippines | Top Secret | Secret | Confidential | Restricted |
Poland | Ściśle tajne | Tajne | Poufne | Zastrzeżone |
Portugal | Ultra Secreto | Secreto | Confidencial | Reservado |
Romania | Strict Secret de Importanţă Deosebită | Strict Secret | Secret | Secret de serviciu |
Russia | Особой важности (вариант: Совершенно Секретно (Sovershenno Sekretno)) |
Совершенно секретно (вариант: Секретно (Sekretno)) |
Секретно (вариант: Не подлежит оглашению (Конфиденциально) (Ne podlezhit oglasheniyu (Konfidentsial’no)) |
Для Служебного Пользования (ДСП) (Dlya Sluzhebnogo Pol’zovaniya) |
Saudi Arabia | Saudi Top Secret | Saudi Very Secret | Saudi Secret | Saudi Restricted |
Serbia | Latin: Državna tajna Cyrillic: Државна тајна |
Latin: Strogo poverljivo Cyrillic: Строго поверљиво |
Latin: Poverljivo Cyrillic: Поверљивo |
Latin: Interno Cyrillic: Интерно |
Singapore | Top Secret | Secret | Confidential | Restricted |
Slovak Republic | Prísne tajné | Tajné | Dôverné | Vyhradené |
Slovenija | Strogo tajno | Tajno | Zaupno | Interno |
Spain | Secreto | Reservado | Confidencial | Difusión Limitada |
Sweden | Kvalificerat Hemlig (KH); Hemlig/Top Secret (H/TS) | Hemlig (H); Hemlig/Secret H/S) | Hemlig/Confidential (H/C) | Hemlig/Restricted (H/R) |
Switzerland | Geheim / Secret | Vertraulich / Confidentiel | Dienstlich / Interne au service | |
Tanzania (Swahili) | SIRI KUU | SIRI | STIRI | IMEZUILIWA |
Thailand | Lap thi sut (ลับที่สุด) | Lap mak (ลับมาก) | Lap (ลับ) | |
Turkey | Çok Gizli | Gizli | Özel | Hizmete Özel |
South Africa (English) | Top Secret | Secret | Confidential | Restricted |
South Africa (Afrikaans) | Uiters Geheim | Geheim | Vertroulik | Beperk |
Ukraine | Особливої важливості | Цілком таємно | Таємно | Для службового користування |
United Kingdom | TOP SECRET | SECRET | CONFIDENTIAL | RESTRICTED |
United States | Top Secret | Secret | Confidential | For Official Use Only |
Uruguay | Ultra Secreto | Secreto | Confidencial | Reservado |
Vietnam | Tuyệt Mật | Tối Mật | Mật | Phổ Biến Hạn Chế |
Original source: NISPOM Appendix B[19] ¹ In addition, Finland uses label Salassa pidettävä, “to be kept secret” for information that is not classified but must not be revealed on some other basis than national security. (E.g. privacy, trade secrets etc.)
[edit] Corporate classification
Private corporations often require written confidentiality agreements and conduct background checks on candidates for sensitive positions.[20] In the U.S. the Employee Polygraph Protection Act prohibits private employers from requiring lie detector tests, but there are a few exceptions. Policies dictating methods for marking and safeguarding company-sensitive information (e.g. “IBM Confidential”) are common and some companies have more than one level. Such information is protected under trade secret laws. New product development teams are often sequestered and forbidden to share information about their efforts with un-cleared fellow employees, the original Apple Macintosh project being a famous example. Other activities, such as mergers and financial report preparation generally involve similar restrictions. However, corporate security generally lacks the elaborate hierarchical clearance and sensitivity structures and the harsh criminal sanctions that give government classification systems their particular tone.
[edit] Traffic Light Protocol
The Traffic Light Protocol[21][22] was developed by the G8 countries to enable the sharing of sensitive information between government agencies and corporations. This protocol has now been accepted as a model for trusted information exchange by over 30 other countries. The protocol provides for four “information sharing levels” for the handling of sensitive information.
[edit] See also
- Economic Espionage Act of 1996
- Espionage
- Espionage Act of 1917
- Freedom of information legislation
- Illegal number
- Official Secrets Act (UK, India, Ireland, Malaysia, New Zealand)
- Security of Information Act (Canada)
- State Secrets Privilege (US)
- Wassenaar Arrangement
- Wikileaks
[edit] References
- ^ http://www.nsa.gov/public_info/_files/uss_liberty/attack_sigint.pdf
- ^ Burn Before Reading, Stansfield Turner, 2006
- ^ Classified Information in Woodward’s “Obama’s Wars”, September 29, 2010, Jack Goldsmith, Lawfare, via stephenkim.org
- ^ Atomic Energy Commission’s Declassification Review of Reports on Human Experiments and the Public Relations and Legal Liability Consequences, presented as evidence during the 1994 ACHRE hearings.
- ^ http://ec.europa.eu/transparency/access_documents/docs/guide_citoyen/en.pdf
- ^ http://www.fco.gov.uk/Files/kfile/306652_CM6554.pdf
- ^ http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(689F2CCBD6DC263C912FB74B15BE8285)~Australian+Government+information+security+management+guidelines-+Australian+Government+Security+classification+system.pdf/$file/Australian+Government+information+security+management+guidelines-+Australian+Government+Security+classification+system.pdf
- ^ Security of Information Act[dead link]
- ^ Non-Insured Health Benefits Program Privacy Code[dead link]
- ^ Security Policy – Manager’s Handbook[dead link]
- ^ Confidences of the Queen’s Privy Council for Canada[dead link]
- ^ Standing Committee of the National People’s Congress, “Law on Guarding State Secrets” (中华人民共和国保守国家秘密法), promulgated 1988 and effective 1989.
- ^ a b Translation per Human Rights in China, State Secrets: China’s Legal Labyrinth, (2007).
- ^ Article 413-9, Legifrance
- ^ [1][dead link]
- ^ LCQ3: Equal Opportunities Commission[dead link]
- ^ “[ARCHIVED CONTENT] Understanding the Security Policy Framework & frequently asked questions”. Cabinetoffice.gov.uk. http://www.cabinetoffice.gov.uk/spf/faqs.aspx. Retrieved 2012-06-01.
- ^ [2][dead link]
- ^ [3][dead link]
- ^ “Employment Background Checks: A Jobseeker’s Guide | Privacy Rights Clearinghouse”. Privacyrights.org. http://www.privacyrights.org/fs/fs16-bck.htm. Retrieved 2011-12-12.
- ^ http://www.oecd.org/dataoecd/25/10/40761118.pdf
- ^ “‘Re: OpenSSH security advisory: cbc.adv’ – MARC”. Marc.info. http://marc.info/?l=bugtraq&m=122754275122010&w=2. Retrieved 2011-12-12.
[edit] External links
- US “NISPOM” manual, explaining rules on classified information among other things – full title is “National Industrial Security Program Operating Manual”.
- Marking Classified National Security Information ISOO booklet PDF
- Defence Vetting Agency. Carries out national security checks in the UK.
- Los Alamos table of equivalent US and UK classifications
- The Black Vault – a database of more than a half million declassified pages on many different topics, all acquired through the FOIA
- The National Security Archive – a collection of declassified documents acquired through the FOIA
- Lerner, Brenda Wilmoth & K. Lee Lerner, eds. Terrorism: essential primary sources. Thomson Gale, 2006. ISBN 978-1-4144-0621-3 Library of Congress. Jefferson or Adams Bldg General or Area Studies Reading Rms LC Control Number: 2005024002.
- Peter Galison, Removing Knowledge in Critical Inquiry n°31 (Autumn 2004)
- Parlament of Serbia, Law on confidentiality of data. (Serbian)
- Parlament of Montenegro, Law on confidentiality of data. (Serbian)
- Christopher Moran, Classified: Secrecy and the State in Modern Britain (Cambridge: Cambridge University Press, 2012).
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Chapter 11, Title 11, United States Code
Chapter 11, Title 11, United States Code
Bankruptcy in the United States |
---|
Bankruptcy in the United States |
Authority · History U.S. Trustee Court · BAP Code · FRBP |
Chapters |
Chapter 7 · Chapter 9 · Chapter 11 · Chapter 12 · Chapter 13 · Chapter 15 |
Aspects of bankruptcy law |
Automatic stay · Discharge Bankruptcy trustee · Claim Means test · DIP |
Chapter 11 is a chapter of the United States’ Bankruptcy Code, which permits reorganization under the bankruptcy laws of the United States. Chapter 11 bankruptcy is available to every business, whether organized as a corporation or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy (although liquidation can go under this chapter), while Chapter 13 provides a reorganization process for the majority of private individuals.
Contents[hide] |
[edit] Chapter 11 in general
When a business is unable to service its debt or pay its creditors, the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11.
In Chapter 7, the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned to the owners of the company. In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possession, and is subject to the oversight and jurisdiction of the court.[1]
[edit] Features of Chapter 11 reorganization
Chapter 11 retains many of the features present in all, or most, bankruptcy proceedings in the U.S. It provides additional tools for debtors as well. Most importantly, 11 U.S.C. § 1108 empowers the trustee to operate the debtor’s business. In chapter 11, unless a separate trustee is appointed for cause, the debtor, as debtor in possession, acts as trustee of the business.[2]
Chapter 11 affords the debtor in possession a number of mechanisms to restructure its business. A debtor in possession can acquire financing and loans on favorable terms by giving new lenders first priority on the business’ earnings. The court may also permit the debtor in possession to reject and cancel contracts. Debtors are also protected from other litigation against the business through the imposition of an automatic stay. While the automatic stay is in place, most litigation against the debtor is stayed, or put on hold, until it can be resolved in bankruptcy court, or resumed in its original venue.
If the business’ debts exceed its assets, the bankruptcy restructuring results in the company’s owners being left with nothing; instead, the owners’ rights and interests are ended and the company’s creditors are left with ownership of the newly reorganized company.
All creditors are entitled to be heard by the court.[citation needed] The court is ultimately responsible for determining whether the proposed plan of reorganization complies with the bankruptcy law.
One controversy that has broken out in bankruptcy courts since 2007 concerns the proper amount of disclosure that the court and other parties are entitled to receive from the members of the ad hoc creditor’s committees that play a large role in many such proceedings.[3]
[edit] The chapter 11 plan
Chapter 11 usually results in reorganization of the debtor’s business or personal assets and debts, but can also be used as a mechanism for liquidation. Debtors may “emerge” from a chapter 11 bankruptcy within a few months or within several years, depending on the size and complexity of the bankruptcy. The Bankruptcy Code accomplishes this objective through the use of a bankruptcy plan. With some exceptions, the plan may be proposed by any party in interest.[4] Interested creditors then vote for a plan.
[edit] Confirmation
If the judge approves the reorganization plan and if the creditors all agree the plan can be confirmed. If at least one class of creditors votes against the plan and thus objects, the plan may nonetheless be confirmed if the requirements of cramdown are met. In order to be confirmed over their objection the plan must not discriminate against that class of creditors, and the plan must be found fair and equitable to that class.
Upon its confirmation, the plan becomes binding and identifies the treatment of debts and operations of the business for the duration of the plan.
Debtors in chapter 11 have the exclusive right to propose a plan of reorganization for a period of time (in most cases 120 days). After that time has elapsed, creditors may also propose plans. Plans must satisfy a number of criteria in order to be “confirmed” by the bankruptcy court. Among other things, creditors must vote to approve the plan of reorganization. If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy. If the case is dismissed, creditors will look to non-bankruptcy law in order to satisfy their claims.
[edit] Automatic stay
Like other forms of bankruptcy, petitions filed under chapter 11 invoke the automatic stay of § 362. The automatic stay requires all creditors to cease collection attempts, and makes many post-petition debt collection efforts void or voidable. Under some circumstances, some creditors, otherwise the United States Trustee can request for the court converting the case into a demolition under chapter 7, or appointing a trustee to manage the debtor’s business. The court will grant a motion to convert to chapter 7 or appoint a trustee if either of these actions is in the best interest of all creditors. Sometimes a company will liquidate under chapter 11, in which the pre-existing management may be able to help get a higher price for divisions or other assets than a chapter 7 liquidation would be likely to achieve. Appointment of a trustee requires some wrongdoing or gross mismanagement on the part of existing management and is relatively rare.
[edit] Executory contracts
Some contracts, known as executory contracts, may be rejected if canceling them would be financially favorable to the company and its creditors. Such contracts may include labor union contracts, supply or operating contracts (with both vendors and customers), and real estate leases. The standard feature of executory contracts is that each party to the contract has duties remaining under the contract. In the event of a rejection, the remaining parties to the contract become unsecured creditors of the debtor. For example, in some districts a contract for deed is an executory contract, while in others it is not.
In the new millennium airlines have fallen under intense scrutiny for what many see as abusing Chapter 11 Bankruptcy as a simple tool for escaping labor contracts, usually 30-35% of an airline’s operating cost[5]. Every major US. airline has filed for Chapter 11 since 2002[6] . In the space of 2 years (2002 – 2004) US. Airways filed for bankruptcy twice[7] leaving the AFL-CIO[8] , pilot unions and other airline employees claiming the rules of Chapter 11 have helped turn the USA into a corporatocracy.[9]
[edit] Priority
Chapter 11 follows the same priority scheme as other bankruptcy chapters. The priority structure is defined primarily by § 507 of the Bankruptcy Code (11 U.S.C. § 507.)
As a general rule secured creditors—creditors who have a security interest, or collateral, in the debtor’s property—will be paid before unsecured creditors. Unsecured creditors’ claims are prioritized by § 507. For instance the claims of suppliers of products or employees of a company may be paid before other unsecured creditors are paid. Each priority level must be paid in full before the next lowest priority level may receive payment.
[edit] Section 1110
Section 1110 (11 U.S.C. § 1110) generally provides a secured party with an interest in an aircraft the ability to take possession of the equipment within 60 days after a bankruptcy filing unless the airline cures all defaults. More specifically, the right of the lender to take possession of the secured equipment is not hampered by the automatic stay provisions of the U.S. Bankruptcy Code.
[edit] Stock
If the company’s stock is publicly traded, a Chapter 11 filing generally causes it to be delisted from its primary stock exchange if listed on the New York Stock Exchange, the American Stock Exchange, or the NASDAQ. On the NASDAQ the identifying fifth letter “Q” at the end of a stock symbol indicates the company is in bankruptcy (formerly the “Q” was placed in front of the pre-existing stock symbol; a celebrated example was Penn Central, whose symbol was originally “PC” and became “QPC” after the company filed Chapter 11 in 1970). Many stocks that are delisted quickly resume listing as over-the-counter (OTC) stocks. In the overwhelming majority of cases, the Chapter 11 plan, when confirmed, terminates the shares of the company, rendering shares valueless.
Individuals may file Chapter 11, but due to the complexity and expense of the proceeding, this option is rarely chosen by debtors who are eligible for Chapter 7 or Chapter 13 relief.
[edit] Rationale
In enacting Chapter 11 of the Bankruptcy code, Congress concluded that it is sometimes the case that the value of a business is greater if sold or reorganized as a going concern than the value of the sum of its parts if the business’s assets were to be sold off individually. It follows that it may be more economically efficient to allow a troubled company to continue running, cancel some of its debts, and give ownership of the newly reorganized company to the creditors whose debts were canceled. Alternatively, the business can be sold as a going concern with the net proceeds of the sale distributed to creditors ratably in accordance with statutory priorities. In this way, jobs may be saved, the (previously mismanaged) engine of profitability which is the business is maintained (presumably under better management) rather than being dismantled, and, as a proponent of a chapter 11 plan is required to demonstrate as a precursor to plan confirmation, the business’s creditors end up with more money than they would in a Chapter 7 liquidation.
[edit] Considerations
The reorganization and court process may take an inordinate amount of time, limiting the chances of a successful outcome and sufficient debtor in possession financing may be unavailable during an economic recession. A preplanned, preagreed approach sometimes called a pre-packaged bankruptcy by the parties may facilitate the desired result. A company undergoing Chapter 11 reorganization is effectively operating under the “protection” of the court until it emerges. An example is the airline industry in the United States; in 2006 over half the industry’s seating capacity was on airlines that were in Chapter 11.[10] These airlines were able to stop making debt payments, break their previously agreed upon labor union contracts, freeing up cash to expand routes or weather a price war against competitors — all with the bankruptcy court’s approval.
Studies on the impact of forestalling the creditors’ rights to enforce their security reach different conclusions.[11]
[edit] Statistics
[edit] Frequency
Chapter 11 cases dropped by 60% from 1991 to 2003. One 2007 study[12] found this was because businesses were turning to bankruptcy-like proceedings under state law, rather than the federal bankruptcy proceedings, including those under chapter 11. Insolvency proceedings under state law, the study stated, are currently faster, less expensive, and more private, with some states not even requiring court filings. However, a 2005 study[12] claimed the drop may have been due to an increase in the incorrect classification of many bankruptcies as “consumer cases” rather than “business cases”.
Cases involving more than US$50 million in assets are almost always handled in federal bankruptcy court, and not in bankruptcy-like state proceeding.
[edit] Largest cases
The largest bankruptcy in history was of the US investment bank Lehman Brothers Holdings Inc., which listed $639 billion in assets as of its Chapter 11 filing in 2008. The 16 largest corporate bankruptcies as of 13 December 2011:[13]
Company | Filing date | Total Assets pre-filing | Total assets pre-filing at today’s value | Filing court district |
---|---|---|---|---|
Lehman Brothers Holdings Inc. | 2008-09-15 | $639,063,000,800 | $690 billion | NY-S |
Washington Mutual | 2008-09-26 | $327,913,000,000 | $354 billion | DE |
Worldcom Inc. | 2002-07-21 | $103,914,000,000 | $134 billion | NY-S |
General Motors Corporation[14] | 2009-06-01 | $82,300,000,000 | $89.2 billion | NY-S |
CIT Group | 2009-11-01 | $71,019,200,000 | $76.9 billion | NY-S |
Enron Corp.* | 2001-12-02 | $63,392,000,000 | $83.2 billion | NY-S |
Conseco, Inc. | 2002-12-18 | $61,392,000,000 | $79.3 billion | IL-N |
MF Global | 2011-10-31 | $41,000,000,000 | $42.4 billion | NY-S |
Chrysler LLC[15] | 2009-04-30 | $39,300,000,000 | $42.6 billion | NY-S |
Texaco, Inc. | 1987-04-12 | $35,892,000,000 | $73.4 billion | NY-S |
Financial Corp. of America | 1988-09-09 | $33,864,000,000 | $66.5 billion | CA-C |
Penn Central Transportation Company[16] | 1970-06-21 | $7,000,000,000 | $41.9 billion | PA-S |
Refco Inc. | 2005-10-17 | $33,333,172,000 | $39.7 billion | NY-S |
Global Crossing Ltd. | 2002-01-28 | $30,185,000,000 | $39 billion | NY-S |
Pacific Gas and Electric Co. | 2001-04-06 | $29,770,000,000 | $39.1 billion | CA-N |
UAL Corp. | 2002-12-09 | $25,197,000,000 | $32.6 billion | IL-N |
Delta Air Lines, Inc. | 2005-09-14 | $21,801,000,000 | $25.9 billion | NY-S |
Delphi Corporation, Inc. | 2005-10-08 | $22,000,000,000 | $25.9 billion | NY-S |
* The Enron assets were taken from the 10-Q filed on November 11, 2001. The company announced that the annual financials were under review at the time of filing for Chapter 11.
[edit] Notes
- ^ Joseph Swanson and Peter Marshall, Houlihan Lokey and Lyndon Norley, Kirkland & Ellis International LLP (2008). A Practitioner’s Guide to Corporate Restructuring. City & Financial Publishing, 1st edition ISBN 978-1-905121-31-1
- ^ 11 U.S.C. § 1107
- ^ (Financial Times)
- ^ 11 U.S.C. § 1121
- ^ “massachusetts institute of technology: Airline Data Project”. MIT. http://web.mit.edu/airlinedata/www/Employees&Compensation.html.
- ^ Davies, Richard (Nov. 29, 2011). “AMR Files for Bankruptcy: The Last Giant to Fall”. ABC News. http://abcnews.go.com/blogs/business/2011/11/american-airlines-plunges-into-bankruptcy/. Retrieved 19 May 2012.
- ^ Warner, Margeret (Sept. 13, 2004). “US Airways Files….Again”. Public Broadcasting Service. http://www.pbs.org/newshour/bb/transportation/july-dec04/usairways_9-13.html. Retrieved 19 May 2012.
- ^ Jablonski, Donna. “AFL-CIO Cries Foul”. AFL-CIO. http://www.aflcio.org/Blog/Economy/TWU-Demands-Respect-from-American-Airlines-Bankruptcy-Court. Retrieved 19 May 2012.
- ^ Trumbul, Mark (Nov. 29, 2011). “AMR Files for Chapter 11”. The Christian Science Monitor. http://www.csmonitor.com/USA/2011/1129/AMR-What-does-Chapter-11-bankruptcy-mean-for-American-Airlines-fliers. Retrieved 19 May 2012.
- ^ Isidore, Chris; Senior, /Money (2005-09-14). “Delta and Northwest airlines both file for bankruptcy”. CNN. http://money.cnn.com/2005/09/14/news/fortune500/bankruptcy_airlines/. Retrieved November 17, 2005.
- ^ “The night of the killer zombies”. Economist.com. 2002-12-12. http://www.economist.com/displaystory.cfm?story_id=1494270. Retrieved 2006-08-05.
- ^ a b (January 24, 2007), “Small Firms Spurn Chapter 11”, Wall Street Journal, page B6B
- ^ Bankruptcydata.com
- ^ Chapter11blog.com
- ^ Chapterblog.com
- ^ [1]
[edit] Similar programs in other countries
- For similar programs in the United Kingdom, Australia, and New Zealand, see Administration (insolvency).
- For a similar program in Ireland see Examinership.
[edit] External links
- US changes bankruptcy protection laws, via BBC News.
- Complete Title 11 (ZIP file), via http://www.house.gov
[hide]Title 11 of the United States Code – Bankruptcy | |||
---|---|---|---|
2007 Filings | 2008 Filings | 2009 Filings | |
Chapter 7 – Liquidation | 413,294 | 560,015 | 819,362 |
Chapter 11 – Business reorganization | 5,199 | 6,971 | 11,785 |
Chapter 12 – Family farmers & fishermen | 372 | 343 | 367 |
Chapter 13 – Individual reorganization | 276,649 | 334,551 | 370,875 |
Personal tools
Intellectual rights
Intellectual rights
This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2007) |
Intellectual property law |
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Primary rights |
Copyright · authors’ rights · related rights · moral rights · patent · utility model · trademark · geographical indication · trade secret |
Sui generis rights |
Database right · indigenous intellectual property · industrial design right · mask work · plant breeders’ rights · supplementary protection certificate |
Related topics |
Societal views · orphan works · public domain · outline of intellectual property |
Intellectual rights (from the French “droits intellectuels“) is a term sometimes used to refer to the legal protection afforded to owners of intellectual capital. This notion is more commonly referred to as “intellectual property“, though “intellectual rights” more aptly describes the nature of the protections afforded by most nations.
Both terms were used in Europe during the 19th century as a means of distinguishing between two different views of intellectual protection. “Intellectual property” was generally used to advocate a belief that copyrights and patents should provide rights akin to physical property rights. The term “intellectual rights” was used by those who felt that such protection should take the form of temporary, limited grants.
Although most modern copyright systems do not treat copyrighted or patented materials in the same way as real property, the term “intellectual property” has gained prominence. For more on this subject, see “intellectual property“.
Also, at least three different kinds of capital and rights are involved:
- creativity (individual capital) which implies rights to benefit from one’s free expression
- invention (instructional capital) which implies rights to benefit from having created some more efficient device or process
- reputation (social capital) which implies rights not to have one’s name or specific distinguishing tagline or ethic sullied by imitators or rivals
All three capital terms predate the term intellectual capital, which appears to be a 19th century artifact of early, now-discredited, economic theory.
In 20th century Europe also originated another more modern approach, intended to sweep away the differences between the historical “Intellectual Property” and “Intellectual Rights” camps, allowing every creator both perpetual and temporary rights:
- Moral rights became the unalienable part of the rights every author was entitled to. These rights could generally not be waived;
- All other intellectual property rights were to become both limited in time and tradeable.
Note that this is one of the chief differences between U.S. and EU approach towards IPR up till the early 21st century, in that the crystallisation of this modern approach (the Berne Convention for the Protection of Literary and Artistic Works) is still only partially put in practice in the U.S., and, where applied, this is done largely outside the legislation regarding IP.
Thoughts on Intellectual Rights http://www.gnu.org/philosophy/not-ipr.html
Personal tools
Asylum wanted
Right of asylum
Right of asylum (or political asylum, from the Greek: ἄσυλον[1]) is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries (as in medieval times). This right has its roots in a longstanding Western tradition—although it was already recognized by the Egyptians, the Greeks and the Hebrews—Descartes went to the Netherlands, Voltaire to England, Hobbes to France (followed by many English nobles during the English Civil War, etc.; each state offered protection to foreign persecuted persons.
Political asylum is similar, but not identical, to modern refugee law, which deals with massive influx of population, while the right of asylum concerns individuals and is usually delivered on a case-to-case basis. There is overlap between the two because each refugee may demand political asylum on an individual basis.
Remains of one of four medieval stone boundary markers for the sanctuary of Saint John of Beverley in the East Riding of Yorkshire.
Sanctuary ring on a door of Notre-Dame de Paris (France).
Medieval boundary marker at St. Georgenberg, Tyrol.
The Egyptians, Greeks, and Hebrews recognized a religious “right of asylum,” protecting criminals (or those accused of crime) from legal action to some extent. This principle was later adopted by the established Christian church, and various rules developed to qualify for protection and just how much protection it was.
According to the Council of Orleans in 511, in the presence of Clovis I, asylum was granted to anyone who took refuge in a church, in its dependences or in the house of a bishop. This protection was given to murderers, thieves or people accused of adultery. It also concerned the fugitive slave, who would however be handed back to his owner when his owner swore on the Bible not to be cruel. This Christian right of asylum was confirmed by all following councils.
Contents[hide] |
[edit] Medieval England
In England, King Ethelbert made the first laws regulating sanctuary in about 600 AD. In the laws of king Ethelred, the term grith is used. By the Norman era after 1066, there had evolved two kinds of sanctuary: all churches had the lower-level kind (sanctuary within the church proper), but only churches licensed by the king had a broader version (sanctuary in a zone surrounding the church). There were at least twenty-two churches with charters for a broader kind of sanctuary, including Battle Abbey, Beverley (see image, right), Colchester, Durham, Hexham, Norwich, Ripon, Wells, Winchester Cathedral, Westminster Abbey, and York Minster.
Sometimes the criminal had to get to the church itself to be protected, and might have to ring a certain bell there, or hold a certain ring or door-knocker, or sit on a certain chair (“frith-stool”), and some of these items survive at various churches. In other places, there was an area around the church or abbey, sometimes extending as much as a mile and a half, and there would be stone “sanctuary crosses” marking the boundary of the area; some of those still exist as well. Thus it could become a race between the felon and medieval law officers to the nearest sanctuary boundary, and could make the serving of justice upon the fleet of foot a difficult proposition.
Church sanctuaries were regulated by common law. An asylum seeker was to confess sins, surrender weapons, and be placed under the supervision of the head of the church or abbey where they had fled. They then had forty days to make one of two choices: surrender to secular authorities and stand trial for the alleged crimes, or confess their guilt and be sent into exile (abjure the realm), by the shortest route and never return without the king’s permission. Anyone who did come back could be executed by the law and/or excommunicated by the Church.
If the suspect chose to confess their guilt and abjure, they would do so in a public ceremony, usually at the gate of the church grounds. They would surrender their possessions to the church, and any landed property to the crown. The coroner, a medieval official, would then choose a port city from which the fugitive should leave England (though the fugitive sometimes had this privilege). The fugitive would set out barefooted and bareheaded, carrying a wooden cross-staff as a symbol of protection under the church. Theoretically they would stay to the main highway, reach the port and take the first ship out of England. In practice, however, the fugitive could get a safe distance away, abandon the cross-staff and take off and start a new life. However, one can safely assume the friends and relatives of the victim knew of this ploy and would do everything in their power to make sure this did not happen; or indeed that the fugitive never reached their intended port of call, becoming a victim of vigilante justice under the pretense of a fugitive who wandered too far off the main highway while trying to “escape.”
Knowing the grim options, some fugitives rejected both choices and opted for an escape from the asylum before the forty days were up. Others simply made no choice and did nothing. Since it was illegal for the victim’s friends to break into an asylum, the church would deprive the fugitive of food and water until a decision was made.
Henry VIII changed the rules of asylum, reducing to a short list the types of crimes which were allowed to claim asylum. The medieval system of asylum was finally abolished entirely by James I in 1623.
During the Wars of the Roses, when the Yorkists or Lancastrians would suddenly get the upper hand by winning a battle, some adherents of the losing side might find themselves surrounded by adherents of the other side and not able to get back to their own side. Upon realizing this situation they would rush to sanctuary at the nearest church until it was safe to come out. A prime example is Queen Elizabeth Woodville, consort of Edward IV of England.
In 1470, when the Lancastrians briefly restored Henry VI to the throne, queen Elizabeth was living in London with several young daughters. She moved with them into Westminster for sanctuary, living there in royal comfort until Edward IV was restored to the throne in 1471 and giving birth to their first son Edward V during that time. When King Edward IV died in 1483, Elizabeth (who was highly unpopular with even the Yorkists and probably did need protection) took her five daughters and youngest son (Richard, Duke of York) and again moved into sanctuary at Westminster. To be sure she had all the comforts of home, she brought so much furniture and so many chests that the workmen had to knock holes in some of the walls to get everything in fast enough to suit her.[2]
[edit] Modern political asylum
|
This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2010) |
Article 14 of the Universal Declaration of Human Rights states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” The United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees guides national legislation concerning political asylum. Under these agreements, a refugee (or for cases where repressing base means has been applied directly or environmentally to the defoulé refugee) is a person who is outside their own country’s territory (or place of habitual residence if stateless) owing to fear of persecution on protected grounds. Protected grounds include race, nationality, religion, political opinions and membership and/or participation in any particular social group or social activities. Rendering true victims of persecution to their persecutor is a particularly odious violation of a principle called non-refoulement, part of the customary and trucial Law of Nations.
These are the accepted terms and criteria as principles and a fundamental part in The U.N. 1951 Convention Relating to the Status of Refugees‘ non-refoulement order.[citation needed]
Since the 1990s, sexual persecution has come to be accepted in some countries as a legitimate category for asylum claims, when the claimant can prove that the state is unable or unwilling to provide protection.
[edit] Right of Asylum in the European Union
The asylum in the European Union was formed since a half-century in its Member States by application of the Geneva Convention of 28 July 1951 on the Status of Refugees. It evolved as a result of common policies appearing in the 1990s in connection with the creation of the Schengen Agreement on the suppression of internal borders. The EU has set up a common policy on asylum so that unsuccessful asylum seekers do not make a new application in another country . This common policy began with the Dublin Convention in 1990. It continued through the implementation of Eurodac and the Dublin Regulation in 2003, and continues today (October 2009 adoption of two proposals by the European Commission [3]
[edit] Right of Asylum in France
Political asylum is recognized in France (droit d’asile) by the 1958 Constitution. It has been restricted due to immigration policies with the December 30, 1993 law, the Debré law of April 24, 1997, the May 11, 1998 law and the December 10, 2003 law. Henceforth, critics, including the Human Rights League (Ligue des droits de l’homme – LDH) have opposed what they see as a practical abandonment of a longstanding European judicial tradition.
Political asylum is also defined in France by the 1951 United Nations (UN) Convention Relating to the Status of Refugees (ratified in 1952), the additional 1967 protocol; articles K1 and K2 of the 1992 Maastricht Treaty as well as the 1985 Schengen Agreement, which defined the European policy on immigration. Finally, right of asylum is defined by article 18 of the Charter of Fundamental Rights of the European Union.
On a purely judicial level, only four conditions may be opposed to the accordance of political asylum to someone who has proven being subject to persecution in their country: the presence of the alien represents a serious threat to public order; the request should be addressed by another sovereign state; the request has already been accepted in another state; or the request is an abuse on the system of political asylum.
The December 10, 2003 law has limited political asylum, giving two main restrictions:
- it invented the notion of “internal asylum”: the request may be rejected if the foreigner may benefit from political asylum on a portion of the territory of their home country.
- the OFPRA (Office français pour la protection des réfugiés et apatrides – French Office for the Protection of Refugees and Stateless Persons [2]) now makes a list of allegedly “safe countries” which respect political rights and principles of liberty. If the demander of asylum comes from such a country, the request is processed in 15 days, and receives no social assistance protection. They may contest the decision, but this does not suspend any deportation order. The first list, enacted in July 2005, included as “safe countries” Benin, Cape Verde, Ghana, Mali, Mauritius Island, India, Senegal, Mongolia, Georgia, Ukraine, Bosnia and Croatia. It had the effect of reducing in six months by about 80% the number of applicants from these countries. The second list, passed in July 2006, included Tanzania, Madagascar, Niger, Albania and Macedonia.[4]
Thus, although the right of political asylum has been conserved in France in spite of the various anti-immigration laws, it has been restricted to some extent. Some people claim that, apart from the purely judicial level, the bureaucratic process is also used to slow down and ultimately reject what might be considered as valid requests. According to Le Figaro, France granted 7,000 people the status of political refugee in 2006, out of a total of 35,000 requests; in 2005, the OFPRA in charge of examining the legitimacy of such requests granted less than 10,000 from a total of 50,000 requests.[5]
Numerous exiles from South American dictatorships, in particular from Augusto Pinochet‘s Chile and Argentina, were received in the 1970s-80s. As a current example, since the 2001 invasion of Afghanistan, tens of homeless Afghan asylum seekers have been sleeping in a park in Paris near the Gare de l’Est train station. Although their demands haven’t been yet accepted, their presence has been tolerated. However, since the end of 2005, NGOs have been noting that the police separate Afghans from other migrants during raids, and expel in charters those who have just arrived at Gare de l’Est by train and haven’t had time to make the demand for asylum (a May 30, 2005 decree requires them to pay for a translator for helping them in official formalities)[citation needed][dubious – discuss] [3].
[edit] Right of Asylum in the United Kingdom
In the 19th century, the United Kingdom accorded political asylum to various persecuted people, among whom were many members of the socialist movement (including Karl Marx). With the 1845 attempted bombing of the Greenwich Royal Observatory and the 1911 Siege of Sidney Street in the context of the propaganda of the deed anarchist actions, political asylum legislation was restricted.
[edit] Right of asylum in the United States
The United States honors the right of asylum of individuals as specified by international and federal law. A specified number of legally defined refugees, who apply for refugee status overseas, as well as those applying for asylum after arriving in the U.S., are admitted annually.
As noted in the article specifically about asylum and refugees in the United States, since World War II, more refugees have found homes in the U.S. than any other nation and more than two million refugees have arrived in the U.S. since 1980. During much of the 1990s, the United States accepted over 100,000 refugees per year, though this figure has recently decreased to around 50,000 per year in the first decade of the 21st century, due to greater security concerns. Still, of the top ten countries accepting resettled refugees in 2006, the United States accepted more than twice as many as the next nine countries combined.[citation needed] As for asylum seekers, the latest statistics show that 86,400 persons sought sanctuary in the United States in 2001.[6] Prior to the September 11 attacks individual asylum applicants were evaluated in private proceedings at the U.S. Immigration and Naturalization Services (INS).
Despite this generosity, there are serious problems with the U.S. asylum and refugee determination processes. A recent empirical analysis by three legal scholars described the U.S. asylum process as a game of refugee roulette; that is to say that the outcome of asylum determinations depends in large part on the identity of the particular adjudicator to whom an application is randomly assigned, rather than on the merits of the case. The very low numbers of Iraqi refugees accepted between 2003 and 2007 exemplifies concerns about the United States’ refugee processes. The Foreign Policy Association reported that “Perhaps the most perplexing component of the Iraq refugee crisis… has been the inability for the U.S. to absorb more Iraqis following the 2003 invasion of the country. To date, the U.S. has granted less than 800 Iraqis refugee status, just 133 in 2007. By contrast, the U.S. granted asylum to more than 100,000 Vietnamese refugees during the Vietnam War.” [7]
The 2000 documentary film Well-Founded Fear, from filmmakers Shari Robertson and Michael Camerini marked the first time[citation needed] that a film crew was privy to the (above mentioned) private proceedings at the U.S. Immigration and Naturalization Services (INS), where individual asylum officers ponder the often life-or-death fate of the majority of immigrants seeking asylum. It provided the first high-profile,[according to whom?] behind-the-scenes[clarification needed] look at the process for seeking asylum in the United States.[citation needed] The film was featured at the Sundance Film Festival, documentary competition and was broadcast in June, 2000 on PBS as part of POV.
[edit] American citizens granted asylum abroad
[edit] U.S. citizen working in UN granted asylum
Norwood Peter DuBerg, along with his family, were granted asylum in Switzerland, in the mid 1950s, pending his politically-based firing from a Paris-based office of the United Nations UNESCO. Duberg had been a UN officer between 1949 to 1954. For reasons of his early adulthood membership in the Communist Party, Duberg, along with several other U.S. citizens working in international organizations, became the subject of U.S. official investigation in the early 1950s, for reasons of his early adulthood membership in the Communist Party. This led to a loyalty investigation by the U.S. State Department in 1953, also his name being discussed in the U.S. Congress House Committee on Un-American Activities. During 1953, Mr. Duberg refused to answer a series of loyalty-related questionnaires. This resulted in decisions taken which led to termination of his professional employment at the United Nations in 1954[8]. The Duberg family passports were confiscated at the U.S. Embassy in Paris, during this time, leaving the family without a means of travel or identification. The Swiss government eventually offered the family refuge in 1954. Duberg won a court case in the International Labor Board of the ILO; he never returned to the United States, remaining in Geneva, Switzerland, for the remainder of his life.
[edit] See also
- Asylum (antiquity)
- Asylum seeker
- Deportation
- Exile
- Extradition
- Immigration policy
- Internally displaced persons, a subcategory of displaced people
- Operation Nifty Package
- List of United States citizens granted political asylum in Cuba
- Sanctuary movement
- Well-Founded Fear
[edit] References
- ^ [1]
- ^ Historical Memorials of Westminster Abbeyby Arthur Penrhyn Stanley, pp. 35–36
- ^ A single asylum procedure and equitable to establish a uniform status valid throughout the European Union: the final building blocks of international protection are asked, Brussels, October 21, 2009 (press release Europa.eu)
- ^ Asile politique: la France ajoute cinq Etats à sa liste de pays «sûrs», Le Figaro, April 27, 2006 (French)
- ^ “La porte étroite de l’asile politique”, Le Figaro, February 13, 2007, p.20 (French)
- ^ Asylum Seekers (most recent) by country
- ^“Global Views: Iraq’s refugees, by R. Nolan, Foreign Policy Association Features, Resource Library, June 12, 2007.
- ^ http://www.archive.org/stream/scopeofsovietact3840unit/scopeofsovietact3840unit_djvu.txt
- Peter Fell and Debra Hayes, What are they doing here? A critical guide to asylum and immigration. Birmingham, Venture Press, 2007.
- http://www.womensenews.org/article.cfm?aid=3662
- http://www.citypages.com/2008-07-30/news/battered-woman-becomes-american-refugee-in-amsterdam
- http://www.citypages.com/2008-09-24/news/holly-collins-returns-after-14-years-in-hiding/
- The Refuge Media Projectis developing several video documentaries and other resources for those working with immigrant torture survivors
- The Foreign Policy Association Resource Library
- Program in Refugee and Asylum Law, University of Michigan Law School.
- PARDS.ORGPolitical Asylum Research and Documentation Service
- The Asylumist News and current issues in Asylum Law
[edit] External links
[edit] Articles
- Adamová Karolina, Lojek Antonín: Zamyšlení nad historií diplomacie a diplomatického azylu, Praha, Právník 2/2011, 166-180 s. ISSN 0231-6625
- Adamová Karolina, Lojek Antonín: České církevní azylové právo 17. a 18. století (Případ Karla Škréty), Praha, Aplikované právo 1/2010, 39-49 s. ISSN 1214-4878
- Lojek, Antonín: Formy azylového práva v raném novověku, Praha, Právník 3/2010, 273-294 s. ISSN 0231-6625
- Lojek, Antonín: České azylové právo 16. až 18. století; kořeny pozdější úpravy nebo možné inspirace pro současnost?, Praha: Universita Karlova, Právnická fakulta, 2011, Prameny a nové proudy právní vědy 47, 139 s. ISBN 978-80-87146-43-9
- Lojek, Antonín, Tobíšek Jiří: K otázce poskytování azylu a ochrany židům, Praha, Právník 7/2011, 680-696 s. ISSN 0231-6625
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[Crimes against humanity] War in Heaven and Spiritual Warfare*
[Crimes against humanity] War in Heaven and Spiritual Warfare
Revelation 19 11And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.12His eyes were as a flame of fire, and on his head were many crowns; and he had a name written, that no man knew, but he himself. 13And he was clothed with a vesture dipped in blood: and his name is called The Word of God.
14And the armies which were in heaven followed him upon white horses, clothed in fine linen, white and clean.15And out of his mouth goeth a sharp sword, that with it he should smite the nations: and he shall rule them with a rod of iron: and he treadeth the winepress of the fierceness and wrath of Almighty God. 16And he hath on his vesture and on his thigh a name written, KING OF KINGS, AND LORD OF LORDS. 17And I saw an angel standing in the sun; and he cried with a loud voice, saying to all the fowls that fly in the midst of heaven, Come and gather yourselves together unto the supper of the great God;
Spiritual and humanitarian warfare and defense
Revelation 12 6And the woman fled into the wilderness, where she hath a place prepared of God, that they should feed her there a thousand two hundred and threescore days. 7And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,
8And prevailed not; neither was their place found any more in heaven. 9And the great dragon was cast out, that old serpent, called the Devil, and Satan, which deceiveth the whole world: he was cast out into the earth, and his angels were cast out with him.10And I heard a loud voice saying in heaven, Now is come salvation, and strength, and the kingdom of our God, and the power of his Christ: for the accuser of our brethren is cast down, which accused them before our God day and night. 11And they overcame him by the blood of the Lamb, and by the word of their testimony; and they loved not their lives unto the death.
12Therefore rejoice, ye heavens, and ye that dwell in them. Woe to the inhabiters of the earth and of the sea! for the devil is come down unto you, having great wrath, because he knoweth that he hath but a short time.
Ephesians 6:10 10Finally, my brethren, be strong in the Lord, and in the power of his might. 11Put on the whole armour of God, that ye may be able to stand against the wiles of the devil. 12For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. 13Wherefore take unto you the whole armour of God, that ye may be able to withstand in the evil day, and having done all, to stand. 14Stand therefore, having your loins girt about with truth, and having on the breastplate of righteousness; 15And your feet shod with the preparation of the gospel of peace; 16Above all, taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked. 17And take the helmet of salvation, and the sword of the Spirit, which is the word of God:18Praying always with all prayer and supplication in the Spirit, and watching thereunto with all perseverance and supplication for all saints;
19And for me, that utterance may be given unto me, that I may open my mouth boldly, to make known the mystery of the gospel,
2 Corinthians 10 1Now I Paul myself beseech you by the meekness and gentleness of Christ, who in presence am base among you, but being absent am bold toward you: 2But I beseech you, that I may not be bold when I am present with that confidence, wherewith I think to be bold against some, which think of us as if we walked according to the flesh. 3For though we walk in the flesh, we do not war after the flesh:4(For the weapons of our warfare are not carnal, but mighty through God to the pulling down of strong holds;) 5Casting down imaginations, and every high thing that exalteth itself against the knowledge of God, and bringing into captivity every thought to the obedience of Christ; 6And having in a readiness to revenge all disobedience, when your obedience is fulfilled.
7Do ye look on things after the outward appearance? If any man trust to himself that he is Christ’s, let him of himself think this again, that, as he is Christ’s, even so are we Christ’s.
Psalm 103 19 The LORD hath prepared his throne in the heavens; and his kingdom ruleth over all.
20 Bless the LORD, ye his angels, that excel in strength, that do his commandments, hearkening unto the voice of his word.
21 Bless ye the LORD, all ye his hosts; ye ministers of his, that do his pleasure.
22 Bless the LORD, all his works in all places of his dominion: bless the LORD, O my soul.
Casting truth to the ground
Daniel 8:7 7And I saw him come close unto the ram, and he was moved with choler against him, and smote the ram, and brake his two horns: and there was no power in the ram to stand before him, but he cast him down to the ground, and stamped upon him: and there was none that could deliver the ram out of his hand. 8Therefore the he goat waxed very great: and when he was strong, the great horn was broken; and for it came up four notable ones toward the four winds of heaven. 9And out of one of them came forth a little horn, which waxed exceeding great, toward the south, and toward the east, and toward the pleasant land. 10And it waxed great, even to the host of heaven; and it cast down some of the host and of the stars to the ground, and stamped upon them.
11Yea, he magnified himself even to the prince of the host, and by him the daily sacrifice was taken away, and the place of his sanctuary was cast down. 12And an host was given him against the daily sacrifice by reason of transgression, and it cast down the truth to the ground; and it practiced, and prospered.
13Then I heard one saint speaking, and another saint said unto that certain saint which spake, How long shall be the vision concerning the daily sacrifice, and the transgression of desolation, to give both the sanctuary and the host to be trodden under foot? 14And he said unto me, Unto two thousand and three hundred days; then shall the sanctuary be cleansed.
15And it came to pass, when I, even I Daniel, had seen the vision, and sought for the meaning, then, behold, there stood before me as the appearance of a man.
THE WORD OF GOD IN HEAVEN
Revelation 19:11 11And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.
12His eyes were as a flame of fire, and on his head were many crowns; and he had a name written, that no man knew, but he himself. 13And he was clothed with a vesture dipped in blood: and his name is called The Word of God. 14And the armies which were in heaven followed him upon white horses, clothed in fine linen, white and clean. 15And out of his mouth goeth a sharp sword, that with it he should smite the nations: and he shall rule them with a rod of iron: and he treadeth the winepress of the fierceness and wrath of Almighty God. 16And he hath on his vesture and on his thigh a name written, KING OF KINGS, AND LORD OF LORDS. 17And I saw an angel standing in the sun; and he cried with a loud voice, saying to all the fowls that fly in the midst of heaven, Come and gather yourselves together unto the supper of the great God; 18That ye may eat the flesh of kings, and the flesh of captains, and the flesh of mighty men, and the flesh of horses, and of them that sit on them, and the flesh of all men, both free and bond, both small and great. 19And I saw the beast, and the kings of the earth, and their armies, gathered together to make war against him that sat on the horse, and against his army. 20And the beast was taken, and with him the false prophet that wrought miracles before him, with which he deceived them that had received the mark of the beast, and them that worshipped his image. These both were cast alive into a lake of fire burning with brimstone. 21And the remnant were slain with the sword of him that sat upon the horse, which sword proceeded out of his mouth: and all the fowls were filled with their flesh.
The ark of the testament in heaven
Revelation 11 14The second woe is past; and, behold, the third woe cometh quickly. 15And the seventh angel sounded; and there were great voices in heaven, saying, The kingdoms of this world are become the kingdoms of our Lord, and of his Christ; and he shall reign for ever and ever. 16And the four and twenty elders, which sat before God on their seats, fell upon their faces, and worshipped God, 17Saying, We give thee thanks, O Lord God Almighty, which art, and wast, and art to come; because thou hast taken to thee thy great power, and hast reigned. 18And the nations were angry, and thy wrath is come, and the time of the dead, that they should be judged, and that thou shouldest give reward unto thy servants the prophets, and to the saints, and them that fear thy name, small and great; and shouldest destroy them which destroy the earth.19And the temple of God was opened in heaven, and there was seen in his temple the ark of his testament: and there were lightnings, and voices, and thunderings, and an earthquake, and great hail.
The Word upon the throne
The Spirit of The Word upon the throne
The rod of iron and the Potter’s vessel
Revelation 12 4And his tail drew the third part of the stars of heaven, and did cast them to the earth: and the dragon stood before the woman which was ready to be delivered, for to devour her child as soon as it was born. 5And she brought forth a man child, who was to rule all nations with a rod of iron: and her child was caught up unto God, and to his throne.6And the woman fled into the wilderness, where she hath a place prepared of God, that they should feed her there a thousand two hundred and threescore days. 7And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels, 8And prevailed not; neither was their place found any more in heaven. 9And the great dragon was cast out, that old serpent, called the Devil, and Satan, which deceiveth the whole world: he was cast out into the earth, and his angels were cast out with him.
Revelation 2 24But unto you I say, and unto the rest in Thyatira, as many as have not this doctrine, and which have not known the depths of Satan, as they speak; I will put upon you none other burden. 25But that which ye have already hold fast till I come. 26And he that overcometh, and keepeth my works unto the end, to him will I give power over the nations: 27And he shall rule them with a rod of iron; as the vessels of a potter shall they be broken to shivers: even as I received of my Father. 28And I will give him the morning star. 29He that hath an ear, let him hear what the Spirit saith unto the churches.
Revelation 3 14And unto the angel of the church of the Laodiceans write; These things saith the Amen, the faithful and true witness, the beginning of the creation of God; 15I know thy works, that thou art neither cold nor hot: I would thou wert cold or hot. 16So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth. 17Because thou sayest, I am rich, and increased with goods, and have need of nothing; and knowest not that thou art wretched, and miserable, and poor, and blind, and naked: 18I counsel thee to buy of me gold tried in the fire, that thou mayest be rich; and white raiment, that thou mayest be clothed, and that the shame of thy nakedness do not appear; and anoint thine eyes with eyesalve, that thou mayest see. 19As many as I love, I rebuke and chasten: be zealous therefore, and repent.20Behold, I stand at the door, and knock: if any man hear my voice, and open the door, I will come in to him, and will sup with him, and he with me. 21To him that overcometh will I grant to sit with me in my throne, even as I also overcame, and am set down with my Father in his throne.
22He that hath an ear, let him hear what the Spirit saith unto the churches.
Revelation 12:5 5And she brought forth a man child, who was to rule all nations with a rod of iron: and her child was caught up unto God, and to his throne.
Isaiah 66 1Thus saith the LORD, The heaven is my throne, and the earth is my footstool: where is the house that ye build unto me? and where is the place of my rest? 2For all those things hath mine hand made, and all those things have been, saith the LORD: but to this man will I look, even to him that is poor and of a contrite spirit, and trembleth at my word. 3He that killeth an ox is as if he slew a man; he that sacrificeth a lamb, as if he cut off a dog’s neck; he that offereth an oblation, as if he offered swine’s blood; he that burneth incense, as if he blessed an idol. Yea, they have chosen their own ways, and their soul delighteth in their abominations. 4I also will choose their delusions, and will bring their fears upon them; because when I called, none did answer; when I spake, they did not hear: but they did evil before mine eyes, and chose that in which I delighted not.
5Hear the word of the LORD, ye that tremble at his word; Your brethren that hated you, that cast you out for my name’s sake, said, Let the LORD be glorified: but he shall appear to your joy, and they shall be ashamed.
The War against the anointed and the Word
Psalm 2:1 through Psalm 2:12 1 Why do the heathen rage, and the people imagine a vain thing?
2 The kings of the earth set themselves, and the rulers take counsel together, against the LORD, and against his anointed, saying, 3 Let us break their bands asunder, and cast away their cords from us.
4 He that sitteth in the heavens shall laugh: the Lord shall have them in derision.
5 Then shall he speak unto them in his wrath, and vex them in his sore displeasure.
6 Yet have I set my king upon my holy hill of Zion.
7 I will declare the decree: the LORD hath said unto me, Thou art my Son; this day have I begotten thee.
8 Ask of me, and I shall give thee the heathen for thine inheritance, and the uttermost parts of the earth for thy possession.
9 Thou shalt break them with a rod of iron; thou shalt dash them in pieces like a potter’s vessel.
10 Be wise now therefore, O ye kings: be instructed, ye judges of the earth.
11 Serve the LORD with fear, and rejoice with trembling.
12 Kiss the Son, lest he be angry, and ye perish from the way, when his wrath is kindled but a little. Blessed are all they that put their trust in him.
Revelation 19 11And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war. 12His eyes were as a flame of fire, and on his head were many crowns; and he had a name written, that no man knew, but he himself. 13And he was clothed with a vesture dipped in blood: and his name is called The Word of God.
14And the armies which were in heaven followed him upon white horses, clothed in fine linen, white and clean. 15And out of his mouth goeth a sharp sword, that with it he should smite the nations: and he shall rule them with a rod of iron: and he treadeth the winepress of the fierceness and wrath of Almighty God. 16And he hath on his vesture and on his thigh a name written, KING OF KINGS, AND LORD OF LORDS. 17And I saw an angel standing in the sun; and he cried with a loud voice, saying to all the fowls that fly in the midst of heaven, Come and gather yourselves together unto the supper of the great God; 18That ye may eat the flesh of kings, and the flesh of captains, and the flesh of mighty men, and the flesh of horses, and of them that sit on them, and the flesh of all men, both free and bond, both small and great. 19And I saw the beast, and the kings of the earth, and their armies, gathered together to make war against him that sat on the horse, and against his army.20And the beast was taken, and with him the false prophet that wrought miracles before him, with which he deceived them that had received the mark of the beast, and them that worshipped his image. These both were cast alive into a lake of fire burning with brimstone. 21And the remnant were slain with the sword of him that sat upon the horse, which sword proceeded out of his mouth: and all the fowls were filled with their flesh.
A man child
Isaiah 66:5 through Isaiah 66:15 5Hear the word of the LORD, ye that tremble at his word; Your brethren that hated you, that cast you out for my name’s sake, said, Let the LORD be glorified: but he shall appear to your joy, and they shall be ashamed. 6A voice of noise from the city, a voice from the temple, a voice of the LORD that rendereth recompense to his enemies. 7Before she travailed, she brought forth; before her pain came, she was delivered of a man child. 8Who hath heard such a thing? who hath seen such things? Shall the earth be made to bring forth in one day? or shall a nation be born at once? for as soon as Zion travailed, she brought forth her children.9Shall I bring to the birth, and not cause to bring forth? saith the LORD: shall I cause to bring forth, and shut the womb? saith thy God. 10Rejoice ye with Jerusalem, and be glad with her, all ye that love her: rejoice for joy with her, all ye that mourn for her: 11That ye may suck, and be satisfied with the breasts of her consolations; that ye may milk out, and be delighted with the abundance of her glory. 12For thus saith the LORD, Behold, I will extend peace to her like a river, and the glory of the Gentiles like a flowing stream: then shall ye suck, ye shall be borne upon her sides, and be dandled upon her knees. 13As one whom his mother comforteth, so will I comfort you; and ye shall be comforted in Jerusalem. 14And when ye see this, your heart shall rejoice, and your bones shall flourish like an herb: and the hand of the LORD shall be known toward his servants, and his indignation toward his enemies.
15For, behold, the LORD will come with fire, and with his chariots like a whirlwind, to render his anger with fury, and his rebuke with flames of fire.
A righteous response Thy will be done, Even so amen
A righteous response to an unpleasant decision of God
1 Samuel 3:11 11And the LORD said to Samuel, Behold, I will do a thing in Israel, at which both the ears of every one that heareth it shall tingle. 12In that day I will perform against Eli all things which I have spoken concerning his house: when I begin, I will also make an end.
13For I have told him that I will judge his house for ever for the iniquity which he knoweth; because his sons made themselves vile, and he restrained them not. 14And therefore I have sworn unto the house of Eli, that the iniquity of Eli’s house shall not be purged with sacrifice nor offering for ever. 15And Samuel lay until the morning, and opened the doors of the house of the LORD. And Samuel feared to show Eli the vision. 16Then Eli called Samuel, and said, Samuel, my son. And he answered, Here am I. 17And he said, What is the thing that the LORD hath said unto thee? I pray thee hide it not from me: God do so to thee, and more also, if thou hide any thing from me of all the things that he said unto thee. 18And Samuel told him every whit, and hid nothing from him. And he said, It is the LORD: let him do what seemeth him good.
Revelation 1 7Behold, he cometh with clouds; and every eye shall see him, and they also which pierced him: and all kindreds of the earth shall wail because of him. Even so, Amen. 8I am Alpha and Omega, the beginning and the ending, saith the Lord, which is, and which was, and which is to come, the Almighty.
Revelation 16 5And I heard the angel of the waters say, Thou art righteous, O Lord, which art, and wast, and shalt be, because thou hast judged thus. 6For they have shed the blood of saints and prophets, and thou hast given them blood to drink; for they are worthy. 7And I heard another out of the altar say, Even so, Lord God Almighty, true and righteous are thy judgments.
Revelation 22 20He which testifieth these things saith, Surely I come quickly. Amen. Even so, come, Lord Jesus.
21The grace of our Lord Jesus Christ be with you all. Amen.
Matthew 11 25At that time Jesus answered and said, I thank thee, O Father, Lord of heaven and earth, because thou hast hid these things from the wise and prudent, and hast revealed them unto babes.26Even so, Father: for so it seemed good in thy sight.
Luke 10 21In that hour Jesus rejoiced in spirit, and said, I thank thee, O Father, Lord of heaven and earth, that thou hast hid these things from the wise and prudent, and hast revealed them unto babes: even so, Father; for so it seemed good in thy sight.22All things are delivered to me of my Father: and no man knoweth who the Son is, but the Father; and who the Father is, but the Son, and he to whom the Son will reveal him.
Matthew 26 36Then cometh Jesus with them unto a place called Gethsemane, and saith unto the disciples, Sit ye here, while I go and pray yonder.37And he took with him Peter and the two sons of Zebedee, and began to be sorrowful and very heavy. 38Then saith he unto them, My soul is exceeding sorrowful, even unto death: tarry ye here, and watch with me. 39And he went a little further, and fell on his face, and prayed, saying, O my Father, if it be possible, let this cup pass from me: nevertheless not as I will, but as thou wilt.
40And he cometh unto the disciples, and findeth them asleep, and saith unto Peter, What, could ye not watch with me one hour?41Watch and pray, that ye enter not into temptation: the spirit indeed is willing, but the flesh is weak.42He went away again the second time, and prayed, saying, O my Father, if this cup may not pass away from me, except I drink it, thy will be done43And he came and found them asleep again: for their eyes were heavy. 44And he left them, and went away again, and prayed the third time, saying the same words.
Matthew 16 21From that time forth began Jesus to show unto his disciples, how that he must go unto Jerusalem, and suffer many things of the elders and chief priests and scribes, and be killed, and be raised again the third day. 22Then Peter took him, and began to rebuke him, saying, Be it far from thee, Lord: this shall not be unto thee. 23But he turned, and said unto Peter, Get thee behind me, Satan: thou art an offence unto me: for thou savourest not the things that be of God, but those that be of men.
24Then said Jesus unto his disciples, If any man will come after me, let him deny himself, and take up his cross, and follow me.
John 18 11Then said Jesus unto Peter, Put up thy sword into the sheath: the cup which my Father hath given me, shall I not drink it?
12Then the band and the captain and officers of the Jews took Jesus, and bound him,
The Word of God rules and prevails to stand
Hebrews 11 1Now faith is the substance of things hoped for, the evidence of things not seen. 2For by it the elders obtained a good report. 3Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear.
4By faith Abel offered unto God a more excellent sacrifice than Cain, by which he obtained witness that he was righteous, God testifying of his gifts: and by it he being dead yet speaketh.
Isaiah 40 3The voice of him that crieth in the wilderness, Prepare ye the way of the LORD, make straight in the desert a highway for our God. 4Every valley shall be exalted, and every mountain and hill shall be made low: and the crooked shall be made straight, and the rough places plain: 5And the glory of the LORD shall be revealed, and all flesh shall see it together: for the mouth of the LORD hath spoken it. 6The voice said, Cry. And he said, What shall I cry? All flesh is grass, and all the goodliness thereof is as the flower of the field: 7The grass withereth, the flower fadeth: because the spirit of the LORD bloweth upon it: surely the people is grass. 8The grass withereth, the flower fadeth: but the word of our God shall stand for ever. 9O Zion, that bringest good tidings, get thee up into the high mountain; O Jerusalem, that bringest good tidings, lift up thy voice with strength; lift it up, be not afraid; say unto the cities of Judah, Behold your God!
Psalm 46 1 God is our refuge and strength, a very present help in trouble.
2 Therefore will not we fear, though the earth be removed, and though the mountains be carried into the midst of the sea;
3 Though the waters thereof roar and be troubled, though the mountains shake with the swelling thereof. Selah
4 There is a river, the streams whereof shall make glad the city of God, the holy place of the tabernacles of the most High.
5 God is in the midst of her; she shall not be moved: God shall help her, and that right early.
6 The heathen raged, the kingdoms were moved: he uttered his voice, the earth melted.
7 The LORD of hosts is with
us; the God of Jacob is our refuge. Selah
8 Come, behold the works of the LORD, what desolations he hath made in the earth.
9 He maketh wars to cease unto the end of the earth; he breaketh the bow, and cutteth the spear in sunder; he burneth the chariot in the fire.
10 Be still, and know that I am God: I will be exalted among the heathen, I will be exalted in the earth.
11 The LORD of hosts is with us; the God of Jacob is our refuge. Selah
2 Peter 33Knowing this first, that there shall come in the last days scoffers, walking after their own lusts, 4And saying, Where is the promise of his coming? for since the fathers fell asleep, all things continue as they were from the beginning of the creation. 5For this they willingly are ignorant of, that by the word of God the heavens were of old, and the earth standing out of the water and in the water: 6Whereby the world that then was, being overflowed with water, perished: 7But the heavens and the earth, which are now, by the same word are kept in store, reserved unto fire against the day of judgment and perdition of ungodly men.
The heavens above
Psalm 8 1 O LORD our Lord, how excellent is thy name in all the earth! who hast set thy glory above the heavens.
2 Out of the mouth of babes and sucklings hast thou ordained strength because of thine enemies, that thou mightest still the enemy and the avenger.
3 When I consider thy heavens, the work of thy fingers, the moon and the stars, which thou hast ordained;
4 What is man, that thou art mindful of him? and the son of man, that thou visitest him?
5 For thou hast made him a little lower than the angels, and hast crowned him with glory and honour.
6 Thou madest him to have dominion over the works of thy hands; thou hast put all things under his feet:
7 All sheep and oxen, yea, and the beasts of the field;
8 The fowl of the air, and the fish of the sea, and whatsoever passeth through the paths of the seas.
9 O LORD our Lord, how excellent is thy name in all the earth!
The third heaven
2 Corinthians 12 1It is not expedient for me doubtless to glory. I will come to visions and revelations of the Lord. 2I knew a man in Christ above fourteen years ago, (whether in the body, I cannot tell; or whether out of the body, I cannot tell: God knoweth;) such an one caught up to the third heaven. 3And I knew such a man, (whether in the body, or out of the body, I cannot tell: God knoweth;) 4How that he was caught up into paradise, and heard unspeakable words, which it is not lawful for a man to utter.
5Of such an one will I glory: yet of myself I will not glory, but in mine infirmities. 6For though I would desire to glory, I shall not be a fool; for I will say the truth: but now I forbear, lest any man should think of me above that which he seeth me to be, or that he heareth of me.
Genesis 5 21And Enoch lived sixty and five years, and begat Methuselah: 22And Enoch walked with God after he begat Methuselah three hundred years, and begat sons and daughters: 23And all the days of Enoch were three hundred sixty and five years: 24And Enoch walked with God: and he was not; for God took him.25And Methuselah lived an hundred eighty and seven years, and begat Lamech:
Hebrews 11 5By faith Enoch was translated that he should not see death; and was not found, because God had translated him: for before his translation he had this testimony, that he pleased God.
6But without faith it is impossible to please him: for he that cometh to God must believe that he is, and that he is a rewarder of them that diligently seek him. 7By faith Noah, being warned of God of things not seen as yet, moved with fear, prepared an ark to the saving of his house; by the which he condemned the world, and became heir of the righteousness which is by faith.
Casting out devils
Matthew 8 14And when Jesus was come into Peter’s house, he saw his wife’s mother laid, and sick of a fever. 15And he touched her hand, and the fever left her: and she arose, and ministered unto them. 16When the even was come, they brought unto him many that were possessed with devils: and he cast out the spirits with his word, and healed all that were sick:
17That it might be fulfilled which was spoken by Esaias the prophet, saying, Himself took our infirmities, and bare our sicknesses.18Now when Jesus saw great multitudes about him, he gave commandment to depart unto the other side.
Mark 3 22And the scribes which came down from Jerusalem said, He hath Beelzebub, and by the prince of the devils casteth he out devils. 23And he called them unto him, and said unto them in parables, How can Satan cast out Satan?24And if a kingdom be divided against itself, that kingdom cannot stand.25And if a house be divided against itself, that house cannot stand.26And if Satan rise up against himself, and be divided, he cannot stand, but hath an end.27No man can enter into a strong man’s house, and spoil his goods, except he will first bind the strong man; and then he will spoil his house.28Verily I say unto you, All sins shall be forgiven unto the sons of men, and blasphemies wherewith soever they shall blaspheme:29But he that shall blaspheme against the Holy Ghost hath never forgiveness, but is in danger of eternal damnation:30Because they said, He hath an unclean spirit.The power of the spirit of truth against the deceiver
Physical, spiritual, and metaphorical healing
Christ healed the sick. Another aspect is comparing physically seeing to mentally comprehending and compare physically listening and hearing to obedience to eternal life. The bible intentionally uses literal and figurative or symbolic meanings at the same time.
Isaiah 43 8Bring forth the blind people that have eyes, and the deaf that have ears.
9Let all the nations be gathered together, and let the people be assembled: who among them can declare this, and show us former things? let them bring forth their witnesses, that they may be justified: or let them hear, and say, It is truth. 10Ye are my witnesses, saith the LORD, and my servant whom I have chosen: that ye may know and believe me, and understand that I am he: before me there was no God formed, neither shall there be after me. 11I, even I, am the LORD; and beside me there is no saviour.
Revelation 3 14And unto the angel of the church of the Laodiceans write; These things saith the Amen, the faithful and true witness, the beginning of the creation of God; 15I know thy works, that thou art neither cold nor hot: I would thou wert cold or hot. 16So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth. 17Because thou sayest, I am rich, and increased with goods, and have need of nothing; and knowest not that thou art wretched, and miserable, and poor, and blind, and naked: 18I counsel thee to buy of me gold tried in the fire, that thou mayest be rich; and white raiment, that thou mayest be clothed, and that the shame of thy nakedness do not appear; and anoint thine eyes with eyesalve, that thou mayest see. 19As many as I love, I rebuke and chasten: be zealous therefore, and repent.20Behold, I stand at the door, and knock: if any man hear my voice, and open the door, I will come in to him, and will sup with him, and he with me. 21To him that overcometh will I grant to sit with me in my throne, even as I also overcame, and am set down with my Father in his throne. 22He that hath an ear, let him hear what the Spirit saith unto the churches.
Matthew 13 11He answered and said unto them, Because it is given unto you to know the mysteries of the kingdom of heaven, but to them it is not given.12For whosoever hath, to him shall be given, and he shall have more abundance: but whosoever hath not, from him shall be taken away even that he hath.13Therefore speak I to them in parables: because they seeing see not; and hearing they hear not, neither do they understand. 14And in them is fulfilled the prophecy of Esaias, which saith, By hearing ye shall hear, and shall not understand; and seeing ye shall see, and shall not perceive: 15For this people’s heart is waxed gross, andtheir ears are dull of hearing, and their eyes they have closed; lest at any time they should see with their eyes, and hear with their ears, and should understand with their heart, and should be converted, and I should heal them.16But blessed are your eyes, for they see: and your ears, for they hear.17For verily I say unto you, That many prophets and righteous men have desired to see those things which ye see, and have not seen them; and to hear those things which ye hear, and have not heard them.18Hear ye therefore the parable of the sower.
Matthew 10 1And when he had called unto him his twelve disciples, he gave them power against unclean spirits, to cast them out, and to heal all manner of sickness and all manner of disease.
2Now the names of the twelve apostles are these; The first, Simon, who is called Peter, and Andrew his brother; James the son of Zebedee, and John his brother;
Matthew 17 17Then Jesus answered and said, O faithless and perverse generation, how long shall I be with you? how long shall I suffer you? bring him hither to me.18And Jesus rebuked the devil; and he departed out of him: and the child was cured from that very hour.
19Then came the disciples to Jesus apart, and said, Why could not we cast him out? 20And Jesus said unto them, Because of your unbelief: for verily I say unto you, If ye have faith as a grain of mustard seed, ye shall say unto this mountain, Remove hence to yonder place; and it shall remove; and nothing shall be impossible unto you.21Howbeit this kind goeth not out but by prayer and fasting.
[Crimes against humanity] Military monopoly of technology and science
Khmer Rouge
Khmer Rouge
This article contains Khmer text. Without proper rendering support, you may see question marks, boxes, or other symbols instead of Khmer script. |
The Khmer Rouge (Khmer: ខ្មែរក្រហម – “Khmer Krahom” in Khmer) literally translated as Red Cambodians was the name given to the followers of the Communist Party of Kampuchea, who were the ruling party in Cambodia from 1975 to 1979, led by Pol Pot, Nuon Chea, Ieng Sary, Son Sen and Khieu Samphan. The regime led by the Khmer Rouge from 1975 to 1979 was known as the Democratic Kampuchea.
This organization is remembered primarily for its policy of social engineering, which resulted in genocide.[1] Its attempts at agricultural reform led to widespread famine, while its insistence on absolute self-sufficiency, even in the supply of medicine, led to the deaths of thousands from treatable diseases (such as malaria). Brutal and arbitrary executions and torture carried out by its cadres against perceived subversive elements, or during purges of its own ranks between 1976 and 1978, are considered to have constituted a genocide.[2]
The clandestine Communist Party of Kampuchea itself constituted the secret leadership of the Khmer Rouge, as its official name was known only to a few insiders: it called itself the Angkar (the organization) and only announced officially its existence in 1977, almost two years after the establishment of Democratic Kampuchea. After the fall of the Khmer Rouge regime, the organization’s remaining guerrilla forces became known as the National Army of Democratic Kampuchea. In 1981 the party itself was dissolved, and substituted by the Party of Democratic Kampuchea, which was succeeded in the 1993–1994 period by the Cambodian National Unity Party.[3] In 1996 the Democratic National Union Movement of Ieng Sary split from the Khmer Rouge while in 1997 the Khmer National Solidarity Party was founded as a successor to the CNUP by Khieu Samphan.
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[edit] Historical legacy
After taking power, the Khmer Rouge leadership renamed the country Democratic Kampuchea. The Khmer Rouge subjected Cambodia to a radical social reform process that was aimed at creating a purely agrarian-based Communist society.[4] The city-dwellers were deported to the countryside, where they were combined with the local population and subjected to forced labour. About 2 million Cambodians are estimated to have died in waves of murder, torture, and starvation, aimed particularly at the educated and intellectual elite.[citation needed]
Losing power following a Vietnamese military intervention in December 1978, the Khmer Rouge maintained control in some regions and continued to fight on as guerillas. In 1998 their final stronghold, in Anlong Veng District, fell to the government.[5]
Following their leader Pol Pot, the Khmer Rouge imposed an extreme form of social engineering on Cambodian society—a radical form of agrarian communism where the whole population had to work in collective farms or forced labour projects. In terms of the number of people killed as a proportion of the population (est. 7.1 million people, as of 1975[6]), it was the most lethal regime of the 20th century.[7]
The Khmer Rouge wanted to eliminate anyone suspected of “involvement in free-market activities”. Suspected capitalists encompassed professionals and almost everyone with an education, many urban dwellers, and people with connections to foreign governments.
The Khmer Rouge believed parents were tainted with capitalism. Consequently, children were separated from parents and brainwashed to communism as well as taught torture methods with animals. Children were a “dictatorial instrument of the party”[8] and were given leadership in torture and executions.[1]
Flag of Democratic Kampuchea
One of their mottoes, in reference to the New People, was: “To keep you is no benefit. To destroy you is no loss.”[9] The ideology of the Khmer Rouge evolved over time. In the early days, it was an orthodox communist party and looked to the Vietnamese Communists for guidance.
It became more anti-intellectual when groups of students who had been studying in France returned to Cambodia. The students, including future party leader Pol Pot, had been heavily influenced by the example of the French Communist Party (PCF).
After 1960, the Khmer Rouge developed its own unique political ideas. Contrary to traditional Marxist doctrine, the Khmer Rouge considered the farmers in the countryside to be the proletariat and the true representatives of the working class, a form of Maoism which brought them onto the Chinese side of the Sino-Soviet Split. They started to incorporate Khmer nationalism into their ideology, as well as anti-intellectualism by this time. This was evident in the persecution of ethnic Chinese, Thais, Muslims, Christians (most of them Catholics), etc.[citation needed].
By the 1970s, the ideology of the Khmer Rouge combined its own ideas with the anti-colonialist ideas of the PCF, which its leaders had acquired during their education in French universities in the 1950s. The Khmer Rouge leaders were also privately very resentful of the Vietnamese, and were determined to establish a form of communism very different from the Vietnamese model and also from other Communist countries, including China.
After four years of rule, the Khmer Rouge regime was removed from power in 1979 as a result of an invasion by the Socialist Republic of Vietnam and was replaced by moderate, pro-Vietnamese Communists. It survived into the 1990s as a resistance movement operating in western Cambodia from bases in Thailand. In 1996, following a peace agreement, their leader Pol Pot formally dissolved the organization. Pol Pot died on April 15, 1998, having never been put on trial.[10] s of an estimated 1.5 million people or 1/5 of the country’s total population[11] (estimates range from 850,000 to 2.5 million) under its regime, through execution, torture, starvation and forced labour. Because of the large number of deaths, and because ethnic groups and religious minorities were targeted, the deaths during the rule of the Khmer Rouge are often considered a genocide as defined under the UN Convention of 1948.[12]
[edit] Name history
The term “Khmer Rouge,” French for “Red Khmer“, was coined by Cambodian head of state Norodom Sihanouk and was later adopted by English speakers. It was used to refer to a succession of Communist parties in Cambodia which evolved into the Communist Party of Kampuchea (CPK) and later the Party of Democratic Kampuchea. The organization was also known as the Khmer Communist Party and the National Army of Democratic Kampuchea.
[edit] Origins
[edit] The Cambodian Left: the early history
The history of the communist movement in Cambodia can be divided into six phases: the emergence of the Indochinese Communist Party (ICP), whose members were almost exclusively Vietnamese, before World War II; the 10-year struggle for independence from the French, when a separate Cambodian communist party, the Kampuchean (or Khmer) People’s Revolutionary Party (KPRP), was established under Vietnamese auspices; the period following the Second Party Congress of the KPRP in 1960, when Saloth Sar (Pol Pot after 1976) and other future Khmer Rouge leaders gained control of its apparatus; the revolutionary struggle from the initiation of the Khmer Rouge insurgency in 1967–68 to the fall of the Lon Nol government in April 1975; the Democratic Kampuchea regime, from April 1975 to January 1979; and the period following the Third Party Congress of the KPRP in January 1979, when Hanoi effectively assumed control over Cambodia’s government and communist party.
In 1930 Ho Chi Minh founded the Vietnamese Communist Party by unifying three smaller communist movements that had emerged in northern, central and southern Vietnam during the late 1920s. The name was changed almost immediately to the Indochinese Communist Party (ICP), ostensibly to include revolutionaries from Cambodia and Laos.
Almost without exception, all the earliest party members were Vietnamese. By the end of World War II, a handful of Cambodians had joined its ranks, but their influence on the Indochinese communist movement and on developments within Cambodia was negligible.
Viet Minh units occasionally made forays into Cambodian bases during their war against the French, and, in conjunction with the leftist government that ruled Thailand until 1947, the Viet Minh encouraged the formation of armed, left-wing Khmer Issarak bands. On April 17, 1950 (25 years to the day before the Khmer Rouge captured Phnom Penh), the first nationwide congress of the Khmer Issarak groups convened, and the United Issarak Front was established.
Its leader was Son Ngoc Minh, and a third of its leadership consisted of members of the ICP. According to the historian David P. Chandler, the leftist Issarak groups, aided by the Viet Minh, occupied a sixth of Cambodia’s territory by 1952; and, on the eve of the Geneva Conference, they controlled as much as one half of the country.[13]
In 1951 the ICP was reorganized into three national units — the Vietnam Workers’ Party, the Lao Itsala, and the Kampuchean (or Khmer) People’s Revolutionary Party (KPRP). According to a document issued after the reorganization, the Vietnam Workers’ Party would continue to “supervise” the smaller Laotian and Cambodian movements. Most KPRP leaders and rank-and-file seem to have been either Khmer Krom, or ethnic Vietnamese living in Cambodia. The party’s appeal to indigenous Khmers appears to have been minimal.
According to Democratic Kampuchea’s version of party history, the Viet Minh’s failure to negotiate a political role for the KPRP at the 1954 Geneva Conference represented a betrayal of the Cambodian movement, which still controlled large areas of the countryside and which commanded at least 5,000 armed men. Following the conference, about 1,000 members of the KPRP, including Son Ngoc Minh, made a “Long March” into North Vietnam, where they remained in exile.
In late 1954, those who stayed in Cambodia founded a legal political party, the Pracheachon Party, which participated in the 1955 and the 1958 National Assembly elections. In the September 1955 election, it won about four percent of the vote but did not secure a seat in the legislature.
Members of the Pracheachon were subject to constant harassment and to arrests because the party remained outside Sihanouk’s political organization, Sangkum. Government attacks prevented it from participating in the 1962 election and drove it underground. Sihanouk habitually labeled local leftists the Khmer Rouge, a term that later came to signify the party and the state headed by Pol Pot, Ieng Sary, Khieu Samphan, and their associates.
During the mid-1950s, KPRP factions, the “urban committee” (headed by Tou Samouth), and the “rural committee” (headed by Sieu Heng), emerged. In very general terms, these groups espoused divergent revolutionary lines. The prevalent “urban” line, endorsed by North Vietnam, recognized that Sihanouk, by virtue of his success in winning independence from the French, was a genuine national leader whose neutralism and deep distrust of the United States made him a valuable asset in Hanoi’s struggle to “liberate” South Vietnam.
Champions of this line hoped that the prince could be persuaded to distance himself from the right wing and to adopt leftist policies. The other line, supported for the most part by rural cadres who were familiar with the harsh realities of the countryside, advocated an immediate struggle to overthrow the “feudalist” Sihanouk.
In 1959 Sieu Heng defected to the government and provided the security forces with information that enabled them to destroy as much as 90% of the party’s rural apparatus. Although communist networks in Phnom Penh and in other towns under Tou Samouth’s jurisdiction fared better, only a few hundred communists remained active in the country by 1960.
[edit] The Paris student group
During the 1950s, Khmer students in Paris organized their own communist movement, which had little, if any, connection to the hard-pressed party in their homeland. From their ranks came the men and women who returned home and took command of the party apparatus during the 1960s, led an effective insurgency against Lon Nol from 1968 until 1975, and established the regime of Democratic Kampuchea.
Pol Pot, who rose to the leadership of the communist movement in the 1960s, was born in 1928 (some sources say 1925) in Kampong Thum Province, northeast of Phnom Penh. He attended a technical high school in the capital and then went to Paris in 1949 to study radio electronics (other sources say he attended a school for printers and typesetters and also studied civil engineering). Described by one source as a “determined, rather plodding organizer,” he failed to obtain a degree, but, according to the Jesuit priest, Father François Ponchaud, he acquired a taste for the classics of French literature as well as for the writings of Karl Marx.
Another member of the Paris student group was Ieng Sary, a Chinese-Khmer born in 1925 in South Vietnam. He attended the elite Lycée Sisowath in Phnom Penh before beginning courses in commerce and politics at the Institut d’Etudes Politiques de Paris (more widely known as Sciences Po) in France. Khieu Samphan, considered “one of the most brilliant intellects of his generation,” was born in 1931 and specialized in economics and politics during his time in Paris.[citation needed] In talent he was rivaled by Hou Yuon, born in 1930, who was described as being “of truly astounding physical and intellectual strength,”[citation needed] and who studied economics and law. Son Sen, born in 1930, studied education and literature; Hu Nim, born in 1932, studied law.
These men were perhaps the most educated leaders in the history of Asian communism. Two of them, Khieu Samphan and Hou Yuon, earned doctorates from the University of Paris; Hu Nim obtained his degree from the University of Phnom Penh in 1965. In retrospect, it seems unlikely that these talented members of the elite, sent to France on government scholarships, could launch the bloodiest and most radical revolution in modern Asian history. Most came from landowner or civil servant families. Pol Pot and Hou Yuon may have been related to the royal family. An older sister of Pol Pot had been a concubine at the court of King Monivong. Three of the Paris group forged a bond that survived years of revolutionary struggle and intraparty strife, Pol Pot and Ieng Sary married Khieu Ponnary and Khieu Thirith (also known as Ieng Thirith), purportedly relatives of Khieu Samphan. These two well-educated women also played a central role in the regime of Democratic Kampuchea.
The intellectual ferment of Paris must have been a dizzying experience for young Khmers fresh from Phnom Penh or the provinces. A number turned to orthodox Marxism-Leninism. At some time between 1949 and 1951, Pol Pot and Ieng Sary joined the French Communist Party, the most tightly disciplined and orthodox Marxist-Leninist of Western Europe’s communist movements.
In 1951 the two men went to East Berlin to participate in a youth festival. This experience is considered to have been a turning point in their ideological development. Meeting with Khmers who were fighting with the Viet Minh (and whom they subsequently judged to be too subservient to the Vietnamese), they became convinced that only a tightly disciplined party organization and a readiness for armed struggle could achieve revolution. They transformed the Khmer Students’ Association (KSA), to which most of the 200 or so Khmer students in Paris belonged, into an organization for nationalist and leftist ideas.
Inside the KSA and its successor organizations was a secret organization known as the Cercle Marxiste. The organization was composed of cells of three to six members with most members knowing nothing about the overall structure of the organization. In 1952 Pol Pot, Hou Yuon, Ieng Sary, and other leftists gained notoriety by sending an open letter to Sihanouk calling him the “strangler of infant democracy.” A year later, the French authorities closed down the KSA. In 1956, however, Hou Yuon and Khieu Samphan helped to establish a new group, the Khmer Students’ Union. Inside, the group was still run by the Cercle Marxiste.
The doctoral dissertations written by Hou Yuon and Khieu Samphan express basic themes that were later to become the cornerstones of the policy adopted by Democratic Kampuchea. The central role of the peasants in national development was espoused by Hou Yuon in his 1955 thesis, The Cambodian Peasants and Their Prospects for Modernization, which challenged the conventional view that urbanization and industrialization are necessary precursors of development.
The major argument in Khieu Samphan’s 1959 thesis, Cambodia’s Economy and Industrial Development, was that the country had to become self-reliant and end its economic dependency on the developed world. In its general contours, Khieu’s work reflected the influence of a branch of the “dependency theory” school,[citation needed] which blamed lack of development in the Third World on the economic domination of the industrialized nations.
[edit] Path to power and reign
[edit] KPRP Second Congress
After returning to Cambodia in 1953, Pol Pot threw himself into party work. At first he went to join with forces allied to the Viet Minh operating in the rural areas of Kampong Cham Province (Kompong Cham). After the end of the war, he moved to Phnom Penh under Tou Samouth’s “urban committee” where he became an important point of contact between above-ground parties of the left and the underground secret communist movement.
His comrades, Ieng Sary and Hou Yuon, became teachers at a new private high school, the Lycée Kambuboth, which Hou Yuon helped to establish. Khieu Samphan returned from Paris in 1959, taught as a member of the law faculty of the University of Phnom Penh, and started a left-wing, French-language publication, L’Observateur. The paper soon acquired a reputation in Phnom Penh’s small academic circle. The following year, the government closed the paper, and Sihanouk’s police publicly humiliated Khieu by beating, undressing and photographing him in public—as Shawcross notes, “not the sort of humiliation that men forgive or forget.”
Yet the experience did not prevent Khieu from advocating cooperation with Sihanouk in order to promote a united front against United States activities in South Vietnam. As mentioned, Khieu Samphan, Hou Yuon, and Hu Nim were forced to “work through the system” by joining the Sangkum and by accepting posts in the prince’s government.
In late September, 1960, twenty-one leaders of the KPRP held a secret congress in a vacant room of the Phnom Penh railroad station. This pivotal event remains shrouded in mystery because its outcome has become an object of contention (and considerable historical rewriting) between pro-Vietnamese and anti-Vietnamese Khmer communist factions.
The question of cooperation with, or resistance to, Sihanouk was thoroughly discussed. Tou Samouth, who advocated a policy of cooperation, was elected general secretary of the KPRP that was renamed the Workers’ Party of Kampuchea (WPK). His ally, Nuon Chea (also known as Long Reth), became deputy general secretary; however, Pol Pot and Ieng Sary were named to the Political Bureau to occupy the third and the fifth highest positions in the renamed party’s hierarchy. The name change is significant. By calling itself a workers’ party, the Cambodian movement claimed equal status with the Vietnam Workers’ Party. The pro-Vietnamese regime of the People’s Republic of Kampuchea (PRK) implied in the 1980s that the September 1960 meeting was nothing more than the second congress of the KPRP.
On July 20, 1962, Tou Samouth was murdered by the Cambodian government. In February 1963, at the WPK’s second congress, Pol Pot was chosen to succeed Tou Samouth as the party’s general secretary. Tou’s allies, Nuon Chea and Keo Meas, were removed from the Central Committee and replaced by Son Sen and Vorn Vet. From then on, Pol Pot and loyal comrades from his Paris student days controlled the party center, edging out older veterans whom they considered excessively pro-Vietnamese.
In July 1963, Pol Pot and most of the central committee left Phnom Penh to establish an insurgent base in Ratanakiri Province in the northeast. Pol Pot had shortly before been put on a list of 34 leftists who were summoned by Sihanouk to join the government and sign statements saying Sihanouk was the only possible leader for the country. Pol Pot and Chou Chet were the only people on the list who escaped. All the others agreed to cooperate with the government and were afterward under 24-hour watch by the police.
[edit] From enemy to ally: Sihanouk and the GRUNK
The region Pol Pot and the others moved to was inhabited by tribal minorities, the Khmer Loeu, whose rough treatment (including resettlement and forced assimilation) at the hands of the central government made them willing recruits for a guerrilla struggle. In 1965, Pol Pot made a visit of several months to North Vietnam and China.
He received some training in China, which had enhanced his prestige when he returned to the WPK’s liberated areas. Despite friendly relations between Norodom Sihanouk and the Chinese, the latter kept Pol Pot’s visit a secret from Sihanouk. In September 1966, the party changed its name to the Communist Party of Kampuchea (CPK).
The change in the name of the party was a closely guarded secret. Lower ranking members of the party and even the Vietnamese were not told of it and neither was the membership until many years later. The party leadership endorsed armed struggle against the government, then led by Sihanouk. In 1967, several small-scale attempts at insurgency were made by the CPK but they had little success.
In 1968, the Khmer Rouge forces launched a national insurgency across Cambodia (see also Cambodian Civil War). Though North Vietnam had not been informed of the decision, its forces provided shelter and weapons to the Khmer Rouge after the insurgency started. Vietnamese support for the insurgency made it impossible for the Cambodian military to effectively counter it. For the next two years the insurgency grew as Sihanouk did very little to stop it. As the insurgency grew stronger, the party finally openly declared itself to be the Communist Party of Kampuchea (CPK).
The political appeal of the Khmer Rouge was increased as a result of the situation created by the removal of Sihanouk as head of state in 1970. Premier Lon Nol, with the support of the National Assembly, deposed Sihanouk. Sihanouk, in exile in Beijing, made an alliance with the Khmer Rouge and became the nominal head of a Khmer Rouge-dominated government-in-exile (known by its French acronym, GRUNK) backed by the People’s Republic of China.
Sihanouk’s popular support in rural Cambodia allowed the Khmer Rouge to extend its power and influence to the point that by 1973 it exercised de facto control over the majority of Cambodian territory, although only a minority of its population. Many people in Cambodia who helped the Khmer Rouge against the Lon Nol government thought they were fighting for the restoration of Sihanouk.
The relation between the massive carpet bombing of Cambodia by the United States and the growth of the Khmer Rouge, in terms of recruitment and popular support, has been a matter of interest to historians. In 1984 Craig Etcheson of the Documentation Center of Cambodia argued that it is “untenable” to assert that the Khmer Rouge would not have won but for U.S. intervention and that while the bombing did help Khmer Rouge recruitment, they “would have won anyway.”[14]
Conversely, some historians have cited the U.S. intervention and bombing campaign (spanning 1965–1973) as a significant factor leading to increased support of the Khmer Rouge among the Cambodian peasantry. Historian Ben Kiernan and Taylor Owen have used a combination of sophisticated satellite mapping, recently unclassified data about the extent of bombing activities, and peasant testimony, to argue that there was a correlation between villages targeted by U.S. bombing and recruitment of peasants by the Khmer Rouge.[15]
In his 1996 study of Pol Pot’s rise to power, Kiernan argued that foreign intervention “was probably the most significant factor in Pol Pot’s rise.”[16]
By 1975, with the Lon Nol government running out of ammunition, it was clear that it was only a matter of time before the government would collapse. On April 17, 1975 the Khmer Rouge captured Phnom Penh.
[edit] U.S Involvement
In 1973, right before Pol Pot’s complete rule over Cambodia, the Khmer Republican Government, with the help from US assistance, dropped half a million tons of bombs on Cambodia. Those who lost family members and close friends joined the Khmer Rouge’s revolution.[17]
It is said that the US sided with Cambodia but the efforts were to overthrow the Vietnamese; it was all part of the anti-Vietnamese and anti-Soviet attitudes that prevailed, especially in the midst of the Sino-Soviet Split, since the People’s Republic of China also supported the Khmer Rouge. The United States aided Khmer Rouge guerrillas who fled to Thailand after the Vietnamese invaded Cambodian territory.[18]
[edit] The Khmer Rouge in power
The leadership of the Khmer Rouge remained largely unchanged from the 1960s to the mid-1990s. The leaders were mostly from middle-class families and had been educated at French universities.
The Standing Committee of the Khmer Rouge’s Central Committee during its period of power consisted of:
- Pol Pot (Saloth Sar) (died 1998), “Brother number 1”, General Secretary from 1963 until his death, effectively the leader of the movement
- Nuon Chea (Long Bunruot), “Brother number 2”, Prime Minister, arrested in 2007[19])
- Ieng Sary (Pol Pot’s brother-in-law), “Brother number 3”, Deputy Prime Minister, arrested in 2007
- Ta Mok (Chhit Chhoeun) (died July 21, 2006), “Brother number 5”,[20] Southwest Regional Secretary, final Khmer Rouge leader, died in custody awaiting trial for genocide
- Khieu Samphan, “Brother number 4”, President of Democratic Kampuchea, arrested in 2007
- Son Sen (died 1997), Defense Minister, Superior of Kang Kek Iew
- Yun Yat (died 1997)
- Ke Pauk (died 2002), “Brother number 13”, former secretary of the Northern zone
- Ieng Thirith, arrested in 2007
In power, the Khmer Rouge carried out a radical program that included isolating the country from foreign influence, closing schools, hospitals and factories, abolishing banking, finance and currency, outlawing all religions, confiscating all private property and relocating people from urban areas to collective farms where forced labor was widespread. The purpose of this policy was to turn Cambodians into “Old People” through agricultural labor. These actions resulted in massive deaths through executions, work exhaustion, illness, and starvation.
In Phnom Penh and other cities, the Khmer Rouge told residents that they would be moved only about “two or three kilometers” outside the city and would return in “two or three days.” Some witnesses say they were told that the evacuation was because of the “threat of American bombing” and that they did not have to lock their houses since the Khmer Rouge would “take care of everything” until they returned. These were not the first evacuations of civilian populations by the Khmer Rouge. Similar evacuations of populations without possessions had been occurring on a smaller scale since the early 1970s.
The Khmer Rouge attempted to turn Cambodia into a classless society by depopulating cities and forcing the urban population (“New People”) into agricultural communes. The entire population was forced to become farmers in labor camps.
Money was abolished, books were burned, teachers, merchants, and almost the entire intellectual elite of the country were murdered, to make the agricultural communism, as Pol Pot envisioned it, a reality. The planned relocation to the countryside resulted in the complete halt of almost all economic activity: even schools and hospitals were closed, as well as banks, and industrial and service companies.
During their four years in power, the Khmer Rouge overworked and starved the population, at the same time executing selected groups who had the potential to undermine the new state (including intellectuals or even those that had stereotypical signs of learning, such as glasses) and killing many others for breaching even minor rules.
Cambodians were expected to produce three tons of rice per hectare; before the Khmer Rouge era, the average was only one ton per hectare. The Khmer Rouge forced people to work for 12 hours non-stop, without adequate rest or food. They did not believe in western medicine but instead favoured traditional peasant medicine; many died as a result.
Family relationships not sanctioned by the state were also banned, and family members could be put to death for communicating with each other. In any case, family members were often relocated to different parts of the country with all postal and telephone services abolished.
The total lack of agricultural knowledge by the former city dwellers made famine inevitable. Rural dwellers were often unsympathetic or too frightened to assist them. Such acts as picking wild fruit or berries was seen as “private enterprise” and punished by death.
The Khmer language has a complex system of usages to define speakers’ rank and social status. During the rule of the Khmer Rouge, these usages were abolished. People were encouraged to call each other “friend” or “comrade” (មិត្ត; mitt), and to avoid traditional signs of deference such as bowing or folding the hands in salutation, known as samphea.
Language was also transformed in other ways. The Khmer Rouge invented new terms. People were told to “forge” (lot dam) a new revolutionary character, that they were the “instruments” (ឧបករណ៍; opokar) of the ruling body known as “Angkar” (អង្គការ, “The Organization”), and that nostalgia for pre-revolutionary times (chheu satek arom, or “memory sickness”) could result in execution. Also, rural terms like Mae (ម៉ែ; mother) replaced urban terms like Mak (ម៉ាក់; mother).
Many Cambodians crossed the border into Thailand to seek asylum. From there, they were transported to refugee camps such as Sa Kaeo or Khao-I-Dang, the only camp allowing resettlement in countries such as the United States, France, Canada, and Australia. In some refugee camps such as Site 8, Phnom Chat or Ta Prik the Khmer Rouge cadre controlled food distribution and restricted the activities of international aid agencies.[21]
[edit] Crimes against humanity
The Khmer Rouge government arrested, tortured and eventually executed anyone suspected of belonging to several categories of supposed “enemies”:
- Anyone with connections to the former government or with foreign governments.
- Professionals and intellectuals – in practice this included almost everyone with an education, or even people wearing glasses (which, according to the regime, meant that they were literate). Ironically and hypocritically, Pol Pot himself was a university-educated man (albeit a drop-out) with a taste for French literature and was also a fluent French speaker. Many artists, including musicians, writers and filmmakers were executed. Some like Ros Sereysothea, Pan Ron and Sinn Sisamouth gained posthumous fame for their talents and are still popular with Khmers today.
- Ethnic Vietnamese, ethnic Chinese, ethnic Thai and other minorities in Eastern Highland, Cambodian Christians (most of whom were Catholic, and the Catholic Church in general), Muslims and the Buddhist monks. For example, The Roman Catholic cathedral of Phnom Penh was completely razed. The Khmer Rouge forced Muslims to eat pork, which they regard as forbidden (ḥarām). Many of those who refused were killed. (A similar policy was enacted in Maoist China, where Muslims were forced to breed pigs.) Christian clergy and Muslim imams were executed. One former Khmer Rouge Commander, Comrade Duch, converted to evangelical Christianity in the years after the regime fell.
- “Economic saboteurs”: many of the former urban dwellers (who had not starved to death in the first place) were deemed to be guilty by virtue of their lack of agricultural ability.
Through the 1970s, and especially after mid-1975, the party was also shaken by factional struggles. There were even armed attempts to topple Pol Pot. The resultant purges reached a crest in 1977 and 1978 when thousands, including some important KCP leaders, were executed.
Today, examples of the torture methods used by the Khmer Rouge can be seen at the Tuol Sleng Genocide Museum. The museum occupies the former grounds of a high school turned prison camp that was operated by Kang Kek Iew, more commonly known as “Comrade Duch”. Some 17,000 people passed through this centre before they were taken to sites (also known as The Killing Fields), outside Phnom Penh such as Choeung Ek where most were executed (mainly by pickaxes to save bullets) and buried in mass graves. Of the thousands who entered the Tuol Sleng Centre (also known as S-21), only twelve are known to have survived.
[edit] Number of deaths
The exact number of people who died as a result of the Khmer Rouge’s policies is debated, as is the cause of death among those who died. Access to the country during Khmer Rouge rule and during Vietnamese rule was very limited. In the early 1980s, the Vietnamese-installed regime that succeeded the Khmer Rouge conducted a national household survey, which concluded that over 4.8 million had died, but most modern historians do not consider that number to be reliable.[citation needed]
Modern research has located thousands of mass graves from the Khmer Rouge era all over Cambodia. Various studies have estimated the death toll at between 740,000 and 3,000,000, most commonly between 1.4 million and 2.2 million, with perhaps half of those deaths being due to executions, and the rest from starvation and disease.[22]
The U.S. State Department-funded Yale Cambodian Genocide Project gives estimates of the total death toll between 1.2 million and 1.7 million.[23] Amnesty International estimates the total death toll as 1.4 million.[citation needed] R. J. Rummel, an analyst of historical political killings, gives a figure of 2 million.[24] Former Khmer Rouge leader Pol Pot gave a figure of 800,000, and his deputy, Khieu Samphan, said 1 million had been killed.[citation needed]
[edit] Fall of the Khmer Rouge
By December 1978, because of several years of border conflict and the flood of refugees fleeing Cambodia, relations between Cambodia and Vietnam collapsed. Pol Pot, fearing a Vietnamese attack, ordered a pre-emptive invasion of Vietnam. His Cambodian forces crossed the border and looted nearby villages. These Cambodian forces were repelled by the Vietnamese.
Along with the Kampuchean United Front for National Salvation, an organization that included many dissatisfied former Khmer Rouge members,[25] the Vietnamese armed forces then invaded Cambodia, capturing Phnom Penh on January 7, 1979. Despite a traditional Cambodian fear of Vietnamese domination, defecting Khmer Rouge activists assisted the Vietnamese, and, with Vietnam’s approval, became the core of the new People’s Republic of Kampuchea, quickly dismissed by the Khmer Rouge and China as a “puppet government“.
At the same time, the Khmer Rouge retreated west, and it continued to control certain areas near the Thai border for the next decade. These included Phnom Malai, the mountain areas near Pailin in the Cardamom Mountains and Anlong Veng in the Dângrêk Mountains.[26] These Khmer Rouge bases were not self-sufficient and were funded by diamond and timber smuggling, military assistance from China channeled by means of the Thai military, and food from markets across the border in Thailand.[27]
Despite its deposal, the Khmer Rouge retained its UN seat, which was occupied by Thiounn Prasith, an old compatriot of Pol Pot and Ieng Sary from their student days in Paris, and one of the 21 attendees at the 1960 KPRP Second Congress. The seat was retained under the name “Democratic Kampuchea” until 1982, and then “Coalition Government of Democratic Kampuchea” (see below) until 1993. Western governments repeatedly backed the Khmer Rouge in the U.N. and voted in favour of retaining the Cambodia’s seat in the organization. Margaret Thatcher stated that “So, you’ll find that the more reasonable ones of the Khmer Rouge will have to play some part in the future government, but only a minority part. I share your utter horror that these terrible things went on in Kampuchea.”.[28] Sweden on the contrary changed its vote in the U.N. and withdrew support for the Khmer Rouge after a large number of Swedish citizens wrote letters to their elected representatives demanding a policy change towards Pol Pot’s regime.[29]
Vietnam’s victory, supported by the Soviet Union, had significant ramifications for the region; the People’s Republic of China launched a punitive invasion of northern Vietnam and retreated (with both sides claiming victory). China, the U.S. and the ASEAN countries sponsored the creation and the military operations of a Cambodian government-in-exile known as the Coalition Government of Democratic Kampuchea which included, besides the Khmer Rouge, republican KPNLF and royalist ANS.[29]
Eastern and central Cambodia were firmly under the control of Vietnam and its Cambodian allies by 1980, while the western part of the country continued to be a battlefield throughout the 1980s, and millions of landmines were sown across the countryside. The Khmer Rouge, still led by Pol Pot, was the strongest of the three rebel groups in the Coalition Government of Democratic Kampuchea, and received extensive military aid from China, Britain and the United States and intelligence from the Thai military.
In an attempt to broaden its support base, the Khmer Rouge formed the Patriotic and Democratic Front of the Great National Union of Kampuchea in 1979. In 1981, the Khmer Rouge went as far as to officially renounce Communism[26] and somewhat moved their ideological emphasis to nationalism and anti-Vietnamese rhetoric instead. However, some analysts argue that this change meant little in practice, because, as historian Kelvin Rowley puts it, “CPK propaganda had always relied on nationalist rather than revolutionary appeals”.[29]
Although Pol Pot relinquished the Khmer Rouge leadership to Khieu Samphan in 1985, he continued to be the driving force of Khmer Rouge insurgency, giving speeches to his followers. Journalists such as Nate Thayer who spent some time with the Khmer Rouge during that period commented that, despite the international community’s near-universal condemnation of the Khmer Rouge’s brutal rule, a considerable number of Cambodians in Khmer Rouge-controlled areas seemed genuinely to support Pol Pot.[30]
While Vietnam proposed to withdraw in return for a political settlement excluding the Khmer Rouge from power, the rebel coalition government as well as ASEAN, China and the US insisted that such a condition was unacceptable.[26] Nevertheless, in 1985 Vietnam declared that it would complete the withdrawal of its forces from Cambodia by 1990 and did so in 1989, having allowed the government that it had instated there to consolidate and gain sufficient military strength.[29]
After a decade of inconclusive conflict, the pro-Vietnamese Cambodian government and the rebel coalition signed a treaty in 1991 calling for elections and disarmament. In 1992, however, the Khmer Rouge resumed fighting, boycotted the election and, in the following year, rejected its results. It now fought the new Cambodian coalition government which included the former Vietnamese-backed Communists (headed by Hun Sen) as well as the Khmer Rouge’s former non-Communist and monarchist allies (notably Prince Rannaridh). In July 1994 a “Provisional Government of National Union and National Salvation of Cambodia” was established by Khmer Rouge authorities.
There was a mass defection in 1996, when around half the remaining soldiers (about 4,000) left. In 1997, a conflict between the two main participants in the ruling coalition caused Prince Rannaridh to seek support from some of the Khmer Rouge leaders, while refusing to have any dealings with Pol Pot.[29][30] This resulted in bloody factional fighting among the Khmer Rouge leaders, ultimately leading to Pol Pot’s trial and imprisonment by the Khmer Rouge. Pol Pot died in April 1998. Khieu Samphan surrendered in December.
On December 29, 1998, the remaining leaders of the Khmer Rouge apologized for the 1970s genocide. By 1999, most members had surrendered or been captured. In December 1999, Ta Mok and the remaining leaders surrendered, and the Khmer Rouge effectively ceased to exist. Most of the surviving Khmer Rouge leaders live in the Pailin area or are hidden in Phnom Penh.
Since 1990 Cambodia has gradually recovered, demographically and economically, from the Khmer Rouge regime, although the psychological scars affect many Cambodian families and émigré communities. It is noteworthy that Cambodia has a very young population and by 2003 three-quarters of Cambodians were too young to remember the Khmer Rouge era.
Members of this younger generation may know of the Khmer Rouge only through word of mouth from parents and elders. In part, this is because the government does not require that educators teach children about Khmer Rouge atrocities in the schools.[31] However, Cambodia’s Education Ministry started to teach Khmer Rouge history in high schools beginning in 2009.[32][33] China has defended its ties with the Khmer Rouge. Chinese Foreign Ministry spokeswoman Jiang Yu said, “For a long time China has … had normal and friendly relations with previous Cambodian governments, including that of Democratic Kampuchea”.[34]
Right now, the Khmer Rouge Case trials are taking place, with the charges accusing the Khmer Rouge regime of genocide and crimes against humanity.[35] After claiming to feel great remorse for his part in Khmer Rouge atrocities, Kaing Guek Eav, head of a torture center from which 16,000 men, women and children were sent to their deaths, surprised the court in his genocide trial on November 27, 2009 with a plea for his freedom. His Cambodian lawyer, Kar Savuth, stunned the tribunal further by issuing the trial’s first call for an acquittal of his client, even after his French lawyer denied seeking such a verdict.[36] On the July 26, 2010, he was convicted and sentenced to thirty years. Many condemned the sentence as too lenient.[37] Theary Seng responded indignantly:
‘We hoped this tribunal would strike hard at impunity, but if you can kill 14,000 people and serve only 19 years – 11 hours per life taken – what is that? It’s a joke.’ ‘My gut feeling is this has made the situation far worse for Cambodia.’ ‘It has taken a lot of faith out of the system and raised concerns of political interference.’
[edit] See also
- Alive In The Killing Fields (book)
- Cambodian Civil War
- The Killing Fields
- Cambodia Tribunal
- Choeung Ek
- Cold War
- Command responsibility
- Crimes against humanity
- Dap Prampi Mesa Chokchey
- Democratic Kampuchea
- Dith Pran
- Enemies of the People (film)
- Genocides in history
- Operation Menu
- Tuol Sleng Genocide Museum
- Cham people
[edit] Further reading
Among the very few western scholars who know the Khmer language and have published works about Cambodia are Ben Kiernan, David P. Chandler and Michael Vickery. Nayan Chanda, the Indochina correspondent of the Far Eastern Economic Review, is also very familiar with this period (through personal reporting, including many interviews with principals).
- Denise Affonço: “To the End of Hell: One Woman’s Struggle to Survive Cambodia’s Khmer Rouge”
- Elizabeth Becker: When the War Was over: Cambodia and the Khmer Rouge Revolution
- Francois Bizot: The Gate
- Nayan Chanda, Brother Enemy: The War After the War (Collier, New York, 1986) (very comprehensively footnoted)
- David P. Chandler: A History of Cambodia (Westview Press 2000); ISBN 0-8133-3511-6.
- David P. Chandler: Brother Number One: A Political Biography (Westview Press 1999); ISBN 0813335108
- David P. Chandler: Facing the Cambodian past: Selected essays, 1971–1994 (Silkworm Books 1996); ISBN 974-7047-74-8.
- David P. Chandler, Ben Kiernan etc.: Revolution and Its Aftermath in Kampuchea: Eight Essays (Yale University Press 1983); ISBN 0-938692-05-4.
- JoAn D. Criddle: To Destroy You Is No Loss: The Odyssey of a Cambodian Family; ISBN 978-0963220516
- Chanrithy Him: When Broken Glass Floats
- Ben Kiernan: The Pol Pot Regime: Race, Power, and Genocide in Cambodia under the Khmer Rouge, 1975–79; ISBN 0-300-09649-6.
- Ben Kiernan: How Pol Pot Came to Power: Colonialism, Nationalism, and Communism in Cambodia, 1930–1975 (Yale University Press, Second Edition 2004); ISBN 0-300-10262-3.
- Henry A. Kissinger: White House Years, Years of Upheaval, and Years of Renewal
- Haing Ngor: A Cambodian Odyssey
- Dith Pran (compiled by): Children of Cambodia’s Killing Fields: Memoirs by Survivors
- William Shawcross: Sideshow: Kissinger, Nixon, and the Destruction of Cambodia
- Jon Swain: River of Time; ISBN 0-425-16805-0.
- Loung Ung: First They Killed My Father: A Daughter of Cambodia Remembers; ISBN 0-06-093138-8
- Michael Vickery: Cambodia 1975–1982
[edit] References
- ^ a b McLellan, Janet (April 1, 1999). “5”. Many Petals of the Lotus: Five Asian Buddhist Communities in Toronto (1st ed.). University of Toronto Press. p. 137. ISBN 978-0802082251.
- ^ Ratner, Steven R.; Abrams, Jason S. (April 5, 2001). Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy (2nd ed.). OUP Oxford. p. 272. ISBN 978-0198298717.
- ^ Arthur S. Banks, Thomas C. Muller, William Overstreet, Sean M. Phelan, Hal Smith (Ed.). Political Handbook of the World 1999. 2000. p. 154.
- ^ Ewald, Uwe (December 7, 2006). K. Turkovic. ed. Large-scale Victimisation as a Potential Source of Terrorist Activities (Illustrated ed.). IOS Press. p. 208. ISBN 978-1586036942.
- ^ “Key events regarding Pol Pot and Khmer Rouge”, CNN.com
- ^ “United Nations Population Division”. United Nations. March 11, 2009. Retrieved July 27, 2010.
- ^ “Statistics Of Cambodian Democide”. Hawaii.edu. Retrieved July 27, 2010.
- ^ Jackson, Karl D. (1992). Cambodia, 1975–1978: Rendezvous with Death. Princeton University Press. ISBN 069102541X.
- ^ Soizick Crochet, Le Cambodge, Karthala, Paris 1997, ISBN 2-86537-722-9
- ^ How the mighty are falling.The Economist
- ^ Doyle, Kevin (October 14, 2008). [http://www.time.com/time/world/article/0,8599,1849959,00.html “It is now know as National Day of Hatred or Day of Remembrance (Cambodia). Cambodian Khmer Rouge Killers Sentenced”]. TIME. Retrieved February 22, 2009.
- ^ Adam Jones, Genocide, a Comprehensive Introcution, London, 2006
- ^ Chandler, 180–181
- ^ Etcheson, Craig, The Rise and Demise of Democratic Kampuchea, Westview Press, 1984, p. 97
- ^ http://www.yale.edu/cgp/Walrus_CambodiaBombing_OCT06.pdf
- ^ Kiernan, Ben, The Pol Pot Regime,1996, Yale University Press, p. 16
- ^ http://www.cambodiatribunal.org/history/khmer-rouge-history.html
- ^ http://www.thirdworldtraveler.com/US_ThirdWorld/US_PolPot.html
- ^ “Bangkok Post, “Former Khmer Rouge leader arrested”, September 2007″. Bangkokpost.com. Retrieved July 27, 2010.
- ^ http://www.law.berkeley.edu/files/IHRLC/Leaders_of_the_Khmer_Rouge.pdf
- ^ Picq L. Beyond the horizon: five years with the Khmer Rouge. 1st ed. New York: St. Martin’s Press, 1989.
- ^ Sharp, Bruce (April 1, 2005). “Counting Hell: The Death Toll of the Khmer Rouge Regime in Cambodia”. Retrieved July 5, 2006.
- ^ “Cambodian Genocide Program | Yale University”. Yale.edu. July 18, 2007. Retrieved July 27, 2010.
- ^ “Rummel, RJ, “Statistics of Cambodian Democide: Estimates, Calculations, And Sources.””. Hawaii.edu. Retrieved July 27, 2010.
- ^ Vickery, Michael (1984). Cambodia : 1975–1982. Boston: South End Press. ISBN 0896081893.
- ^ a b c “Kelvin Rowley, ”Second Life, Second Death: The Khmer Rouge After 1978”” (PDF). Retrieved July 27, 2010.
- ^ Tom Fawthrop & Helen Jarvis, Getting away with genocide?, ISBN 0868409049
- ^ “Margaret Thatcher – Transcript for the interview with Blue Peter in 1988”. June 28, 2007. Retrieved January 25, 2010.
- ^ a b c d e Pilger, John. 2004. In Tell me no lies”, Jonathan Cape Ltd
- ^ a b CONTINUING UNREST. PBS. June 18, 1997 TRANSCRIPT
- ^ Kinetz, Erika.In Cambodia, a Clash Over History of the Khmer Rouge”, Washington Post, May 8, 2007.
- ^ http://www.phnompenhpost.com/index.php/200805151854/Post-Life/Schools-face-up-to-KR-history.html
- ^ De Launey, Guy (November 10, 2009). “Textbook sheds light on Khmer Rouge era”. BBC News. Retrieved May 7, 2010.
- ^ Blanchard, Ben (February 17, 2009). “China defends its Khmer Rouge ties as trial opens”. Reuters.
- ^ “An Introduction to The Khmer Rouge Trial”.
- ^ Sopheng Cheang and Luke Hunt (November 28, 2009). “Surprise plea in Khmer Rouge trial”. Associated Press, via The Raleigh News & Observer.
- ^ Richard Shears (July 27, 2010). “Daily Mail Report on Comrade Duch’s sentencing”. Daily Mail (UK). Retrieved July 27, 2010.
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[edit] External links
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Wikimedia Commons has media related to: Khmer Rouge |
[edit] General
- The Khmer Rouge Trial Task Force
- Extraordinary Chambers in the Courts of Cambodia (ECCC)
- The Office of the High Commissioner for Human Rights in Cambodia
- Selected Documents of the Khmer Rouge
- Cambodia Tribunal Monitor
- Condescending Saviours: What Went Wrong with the Pol Pot Regime – a Maoist critique of the Khmer Rouge from A World to Win magazine
- Khmer Rouge S21 art exhibition at Tuol Sleng 26 jan 2011 – 26 apr 2011 by Peter Klashorst
[edit] Genocide
- From Sideshow to Genocide – A history of the rise and fall of the Khmer Rouge, including survivor stories.
- Yale University: Cambodian Genocide Program
- “The Demography of Genocide: Cambodia and East Timor” (Critical Asian Studies, 35:4, 2003) [in .pdf format]
- Digital Archive of Cambodian Holocaust Survivors
- PBS Frontline/World: Pol Pot’s Shadow
- Survivor of the killing fields describes her experience, from the Deacon of death
- Calculations for Cambodian genocide figures
- Cambodia Tales: Khmer Rouge torture and killing paintings
- Khmer Rouge Tribunal Updates from Genocide Watch
- Genocide of Cham Muslims
- “Statistics of Cambodian Democide: Estimates, Calculations, And Sources,” by R.J. Rummel.
[edit] Uncategorized
- Documentation Center of Cambodia Accessed February 6, 2005
- Chigas, George (2000). “Building a Case Against the Khmer Rouge: Evidence from the Tuol Sleng and Santebal Archives”. Harvard Asia Quarterly 4 (1): 44–49.