In December 1997, the GA adopted resolution 52/135 requesting the Secretary-General to “examine the request by the Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law”, including the Secretary-General’s possible appointment of “a group of experts to evaluate the existing evidence and propose further measures, as a means of bringing about national reconciliation, strengthening democracy and addressing the issue of individual accountability” (A/RES/52/135). The resolution noted that “addressing the continuing problem of impunity … and bringing to justice those responsible for human rights violations” was a “matter of critical and urgent priority and essential to the creation of an atmosphere conducive to the holding of free, fair and credible elections”, scheduled for May 1998 (ibid.).
In July 1998, in accordance with resolution 52/135, the Secretary-General created the Group of Experts for Cambodia, mandated to “evaluate the existing evidence with a view to determining the nature of the crimes committed by Khmer Rouge leaders in the years 1975–1979; to assess the feasibility of their apprehension; and to explore legal options for bringing them to justice before an international or national jurisdiction” (A/53/850-S/1999/231). The members of the Group of Experts included Australia (selected as Chair), the US and Mauritius.
Following a visit to Cambodia and Thailand in November 1998, the Group of Experts for Cambodia submitted a report to the Secretary-General on 22 February 1999, detailing several legal options for the prosecution of Khmer Rouge leaders responsible for crimes committed between 1975 and 1979 (ibid.). These included crimes against humanity, genocide, war crimes, forced labour, torture, crimes against internationally protected persons and crimes under Cambodian law. Among these options, the Group of Experts most strongly recommended the establishment of an ad hoc international tribunal by the GA, if the SC failed to do so (ibid., p. 57). While an international tribunal was not established, the GA still had involvement in the creation of a different accountability mechanism. In 2003, through resolution 57/228, the GA ratified an agreement between the Government of Cambodia and the UN providing for international assistance and participation in the hybrid court known as the ECCC.