BANGKOK, Thailand -- Defending Pol Pot's Khmer Rouge leaders at an international tribunal may include arguing about genocide and the lack of a "smoking gun," despite the deaths of up to three million Cambodians, according to U.N. Principal Defender Rupert Skilbeck.
"One of the big questions will be whether, what happened in Cambodia, was genocide or not," Mr. Skilbeck said in an interview.
"There is a very strong legal argument to say that genocide is when you kill people because of their ethnicity, whereas the vast majority of the [Khmer Rouge] purges were not for ethnic reasons, but were for political reasons. So genocide may not be possible" as a successful prosecution charge.
Mr. Skilbeck heads the Defense Support Section of the tribunal, which is officially called the Extraordinary Chambers in the Courts of Cambodia (ECCC).
A London-based criminal lawyer, Mr. Skilbeck was previously Defense Advisor for the Special Court for Sierra Leone, and head of the Criminal Defense Section for the War Crimes Chamber in Sarajevo.