Published by the Cabinet of Samdech Hun Sen —————— MP of Kandal Prime Minister CAMBODIA IN ASEAN: CAMBODIA IN ASEAN: FACING THE NEXT MILL FACING THE NEXT MILLENNIUM ENNIUM (original) (raw)
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Cambodia and the Khmer Rouge Trials in 2012 in review: Will the Court survive 2013?
The Westminster Law Review
" The United Nations-backed ‘hybrid’ tribunal, the Extraordinary Chambers in the Courts of Cambodia (ECCC), is a special internationalized court established to try senior leaders of the Communist Party of Kampuchea (CPK) (better known as the Khmer Rouge) and those most responsible for the Crimes against Humanity, Genocide and Grave breaches of the Geneva Conventions that occurred in Cambodia under the watch of the CPK-led government during the period 1975-1979. The institution has proven to be expensive and controversial. Over 2012, the ECCC saw its first case reach its full conclusion following the final appeal of the first accused person, it endured a continuing funding crisis and the resignation of one international judge who cited “the egregious dysfunctions within the ECCC” as reason for his departure. This commentary looks back over 2012 and places the ECCC in the social, political and legal context of today’s Cambodia and discusses what impact the ECCC is having in this wider context. "
2006
International Development Cooperation Agency also provided core funds enabling this and other DC-Cam projects. The Legal Training Project aims to educate Cambodians about transitional justice and human rights to help develop a stronger rule of law in the country. The upcoming trials of former Khmer Rouge officials will be the most highly publicized legal events in modern Cambodian history and present tremendous opportunities to advance the interrelated goals of justice, reconciliation, and national development. However, the tribunal will deliver its potential contribution only if Cambodians are able to follow and understand the process. The Legal Training Project-part of DC-Cam's longterm commitment to legal education-seeks to ensure that observers at home and abroad learn from the trials, critique them, and draw meaningful lessons for future legal reform and practice. As part of the Legal Training Project, DC-Cam has conducted a series of training courses in Phnom Penh to teach rising leaders of Cambodian government, academia, non-governmental organizations, and the media about human rights law. In 2004, the Center organized a six-week course introducing participants to the basic principles of international criminal law and procedure. In 2005, DC-Cam hosted three two-week courses focusing on defendants' rights and the role of defense counsel in Cambodian criminal courts and the Khmer Rouge Tribunal. In connection with those courses, DC-Cam has also produced a set of written course materials in English and Khmer explaining the basic principles of transitional justice and international criminal law and discussing how they may apply to Cambodia. The course materials include summaries and outlines of major topics, as well as excerpts from relevant cases, statutes, and treaties. By making these materials avail-4 able to interested Cambodian and international law students, attorneys, and university instructors, the Center seeks to educate members of the legal community about the tribunal process and related subjects. One of the dark legacies of the Khmer Rouge regime was its systematic attack on Cambodian intellectuals, which left the country with a limited number of lawyers. Without a sizeable corps of well trained advocates, it is difficult for a society to develop a real rule of law and to move toward a more just and democratic future. We hope that this volume-which will also be translated and published in the Khmer language-will help in training tomorrow's Cambodian lawyers and civil society leaders. Of course, the vast majority of Cambodians are unable to attend detailed legal training courses. This edited volume is directed toward a broader public audience and constitutes an additional element of the Legal Training Project. It attempts to clarify some of the most important legal and political issues surrounding the Khmer Rouge Tribunal without undue reference to technical legal jargon. The authors discuss the history and political context of legal proceedings against former Khmer Rouge officials, the key legal and procedural features of the prospective tribunal, the types of evidence available, and the trials' potential contribution to justice and reconciliation. We are grateful for the assistance of DC-Cam's Director, Youk Chhang, and the Center's knowledgeable and dedicated staff in preparing this book for publication. Dara P. Vanthan, head of DC-Cam's Accountability Team and outreach efforts, contributed expertise on Cambodian criminal law and the application of international legal principles in Cambodia. Wynne Cougill helped to edit the volume, as did several DC-Cam staff members.
Bringing the khmer rouge to trial: an extraordinary experiment in international criminal law
Scandinavian studies in law, 2015
4 A Structural Overview of the ECCC ...................................... 305 4.1 Jurisdiction and Goals of the ECCC .................................... 307 4.2 The Organs of the ECCC ................................................ 308 4.2.1 Co-Prosecutors and Co-Investigating Judges at the ECCC . 308 4.2.2 Judicial Chambers at the ECCC ................................. 309 4.2.3 Other Judicial Offices at the ECCC ............................ 309 4.3 A Summary of the Basic Judicial Process in the ECCC ............. 312 4.4 The Various National and Legal Backgrounds of the ECCC Staff 313 4.5 The ECCC’s Funding ..................................................... 314
Achievements and Legacies of the Khmer Rouge Trials: Reflections from Inside the Tribunal
Australian Feminist Law Journal, 2018
This article is an edited transcript of a panel discussion that was held in Melbourne in December 2017. The panel comprised four speakers, each with significant professional experience working at Cambodia's hybrid tribunal, the Extraordinary Chambers in the Courts of Cambodia (ECCC). This panel was the first time such key insiders have come together outside of Cambodia and in an academic context to reflect on more than 10 years of the Court's operation and their personal experiences there. There is much to be gained by enquiring into the lived experiences of those working at internationalised tribunals. In this article, unique insights are shared in relation to ECCC prosecution and the Court's legacy of historical and procedural record, the Court's establishment and outreach, the legal representation of ECCC participating victims (civil parties), and supporting witnesses across different cultural and legal contexts.
The Khmer Rouge Tribunal: Justice for Genocide in Cambodia?
2008
After 30 years a tribunal has finally been established to try those responsible for the mass human rights violations perpetrated against the Cambodian people by the former Khmer Rouge regime. Popularly known as the Khmer Rouge Tribunal (KRT), the Extraordinary Chambers of the Criminal Court of Cambodia (ECCC) is one of the first so-called 'hybrid' tribunals to be established by the United Nations in collaboration with local courts to try international crimes such as genocide. This paper will assess the KRT as a transitional justice mechanism in terms of its ability to provide Cambodians with a sense of justice for the past as well as its potential impact on human rights and justice in Cambodia in the future. The cultural specificity and local conflict conditions that affect responses to different types of transitional justice approaches will be interrogated, asking who chose this mechanism and how does it meet the needs and expectations of Cambodians. Genocide is like 'nuclear contamination' because 'you get it for the rest of your life'.-Rithy Panh 1 'Without justice we will never have peace of mind.'-Youk Chhang 2
Without addressing questions of individual criminal responsibility, this essay will argue that, if the Khmer Rouge leadership pursued massive criminal policies against segments of the Khmer population, the legal requirements of the 1948 Convention preclude their characterization as genocide, with the exception of the destruction of the Buddhist monkhood. At first, it will be shown that if one could interpret these policies as genocide against the Khmer national group, it is impossible to identify a genocidal intent directed at this group as such. Secondly, it will be established that instead, the Khmer Rouge leadership deliberately targeted specific subsets of the Khmer population for destruction, but that these groups do not fall within the scope of the Convention. Thirdly, this essay will demonstrate that the only the destruction of the Buddhist monkhood amounts to a crime of genocide.
Making Reparation for Khmer Rouge Crimes at the Extraordinary Chambers in the Courts of Cambodia
SSRN Electronic Journal, 2014
From its inception the Extraordinary Chambers in the Courts of Cambodia (ECCC) was considered a legitimacy risk as a UN supported transitional court because of its integration in the Cambodian court system, and the possibility that the national government would interfere in the Court's trials. Indeed, funding crises, corruption allegations and opposition from the Cambodian government in two of its latest investigations buffeted the Court as it prosecuted its first two cases. Nevertheless, the Court was viewed positively by some commentators, because of its innovative victim participation and civil party reparations schemes. However, the high take up rate and procedural complexities of civil party participation brought action by the Court to amend both schemes. The revised victim participation and reparations regimes were given effect in the ECCC's second case, the trial of Nuon Chea and Khieu Samphan, the two most senior surviving leaders of the brutal Khmer Regime in Cambodia from 17 April 1975 to 6 January 1979. The purpose of this article is to examine the background to the Court's reparations ruling in Case 002/01 which enabled the civil parties to the criminal action to secure tangible moral and collective redress. It emphasises the participatory processes engaged throughout the trial to
On Trial: The Khmer Rouge Accountability Process
Documentation Center of Cambodia, 2009
This book examines the Extraordinary Chambers in the Courts of Cambodia (ECCC), often called the "Khmer Rouge Tribunal." We decided to prepare the book on the third anniversary of the ECCC's creation, because the tribunal was originally established with a three-year mandate and funding. We use this opportunity to take stock of the progress at the tribunal and to offer recommendations that we hope will be helpful as the process continues. We begin with an overview of the tribunal's history and features. We then assess its progress to date, focusing on its jurisprudence, administration, and engagement of survivors of the Pol Pot years. Finally, we comment on its role in the broader process of reconciliation. This volume is part of our longstanding effort at the Documentation Center of Cambodia (DC-Cam) to promote historical memory and justice in a country that has only begun to emerge from the torment of the Khmer Rouge tragedy. In the course of preparing this volume, we benefitted from the opportunity to interact regularly with officials from the ECCC, the Royal Government of Cambodia, the Tuol Sleng Genocide Museum, supporting international states and organizations, non-governmental groups, and many ordinary survivors of Democratic Kampuchea. We are also grateful to a number of scholars and officials for their comments and insights. Dara Vanthan and Kosal Path provided useful guidance on issues in Chapters 1 and 2, and Joanna Geneve contributed to Chapter 3. Comments and insights from Tracey Gurd, Heather Ryan, Panhavuth Long, Douglas Gillison, Robbie Corey-Boulet, and Erika Kinetz helped prepare Chapter 4. George Cooper generously reviewed Chapter 5, and Craig Etcheson provided expert comments on Chapter 6. Elizabeth Do, Rehan Abeyratne and Spencer Cryder also helped edit the manuscript. Yvonne Wong designed the book and was invaluable in preparing it for publication. Any remaining errors are ours. Lastly, we owe thanks to the Swedish International Development Agency and the U.S. Agency for International Development, which provided generous grants to make this project and many other activities at DC-Cam possible. We hope that the finished product justifies the generosity of our donors and the scholars and experts who assisted us. Above all, we hope it honors the victims and survivors of the Khmer Rouge tragedy.