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Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia

Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia
Author: Rebecca Gidley
Publisher: Springer
Total Pages: 250
Release: 2019-02-19
Genre: History
ISBN: 3030047830

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This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.


The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model

The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model
Author: Ricarda Popa
Publisher: GRIN Verlag
Total Pages: 85
Release: 2009
Genre: Trials (Crimes against humanity)
ISBN: 364051775X

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Research Paper (postgraduate) from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1, University of Marburg (Faculty of Social Science and Philosophy), course: Transitional Justice - Research Seminar, language: English, abstract: This research paper exemplifies the contribution of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to the establishment of a hybrid tribunal model as an instrument for prosecuting serious criminal offenses committed systematically during conflicts. The research sphere is demarcated by the world's 3rd hybrid tribunal novelty, and its participation in the advancement of a hybrid tribunal model, as internationalized judicial instrument of correction of those atrocities against humanity that where committed methodically with political purposes in times of authoritarian regimes or armed conflicts of different origin. The interest arises from the awareness that by entering into force of the International Criminal Court in The Hague/ICC in 2002, a shift of significance has taken place from the international level back to the domestic one, in dealing with serious crimes. In the context of radical changes, the ECCC comes to strengthen the hybrid tribunal instrument as a judicial organization form with multidimensional benefits, and to offer it sustainability to the advantage of other post-conflict societies.


Hybrid Justice

Hybrid Justice
Author: John D. Ciorciari
Publisher: University of Michigan Press
Total Pages: 462
Release: 2020-01-14
Genre: Political Science
ISBN: 0472901311

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Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.


The Extraordinary Chambers in the Courts of Cambodia

The Extraordinary Chambers in the Courts of Cambodia
Author: Simon M. Meisenberg
Publisher: T.M.C. Asser Press
Total Pages: 612
Release: 2016-04-07
Genre: Law
ISBN: 9789462651043

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This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC’s hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.


Research Handbook on Transitional Justice

Research Handbook on Transitional Justice
Author: Cheryl Lawther
Publisher: Edward Elgar Publishing
Total Pages: 547
Release: 2023-08-14
Genre: Law
ISBN: 180220251X

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Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.


Resilience, Adaptive Peacebuilding and Transitional Justice

Resilience, Adaptive Peacebuilding and Transitional Justice
Author: Janine Natalya Clark
Publisher: Cambridge University Press
Total Pages: 309
Release: 2021-10-07
Genre: Law
ISBN: 110884362X

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Explores innovative ways to build peace after large-scale violence by combining resilience, adaptive peacebuilding and transitional justice.


Resisting Indonesia’s Culture of Impunity

Resisting Indonesia’s Culture of Impunity
Author: Jess Melvin
Publisher: ANU Press
Total Pages: 282
Release: 2023-08-31
Genre: Political Science
ISBN: 1760465844

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Resisting Indonesia’s Culture of Impunity examines the role of Indonesia’s first truth and reconciliation commission—the Aceh Truth and Reconciliation Commission, or KKR Aceh—in investigating and redressing the extensive human rights violations committed during three decades of brutal separatist conflict (1976–2005) in the province of Aceh. The KKR Aceh was founded in late 2016, as a product of the 2005 peace deal between the Indonesian government and the Free Aceh Movement (GAM). It has since faced many challenges—not least from Indonesia’s security forces and former GAM leaders, who have joined together in their determination to maintain impunity for their respective roles in the conflict. Indeed, the commission would not have been established without the tireless work of civil society actors, including non-government organisations and other humanitarian groups. In Resisting Indonesia’s Culture of Impunity, the editors set out to amplify the role of these civil society actors in the KKR Aceh and in transitional justice in Indonesia. Each chapter has been written by a team of authors, composed predominantly of commissioners and staff from the KKR Aceh itself, members of key civil society organisations, and academics. Further, the editors aim to scrutinise the KKR Aceh from the inside and analyse the establishment and operation of what is perhaps the only genuine state-sponsored attempt to implement transitional justice in Indonesia today.


Futures of International Criminal Justice

Futures of International Criminal Justice
Author: Emma Palmer
Publisher: Routledge
Total Pages: 333
Release: 2021-12-22
Genre: Law
ISBN: 100052082X

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This collection identifies and discusses problems and opportunities for the theory and practice of international criminal justice. The International Criminal Court and project of prosecuting international atrocity crimes have faced multiple challenges and critiques. In recent times, these have included changes in technology, the conduct of armed conflict, the environment, and geopolitics. The mostly emerging contributors to this collection draw on diverse socio-legal research frameworks to discuss proposals for the futures of international criminal justice. These include addressing accountability gaps and under-examined or emerging areas of criminality at, but also beyond, the International Criminal Court, especially related to technology and the environment. The book discusses the tensions between universalism and localisation, as well as the regionalisation of international criminal justice and how these approaches might adapt to dynamic organisational, political and social structures, at the ICC and beyond. The book will be of interest to students, researchers and academics. It will also be a useful resource for civil society representatives including justice advocates, diplomats and other government officials and policy-makers.


Lawyers in Conflict and Transition

Lawyers in Conflict and Transition
Author: Kieran McEvoy
Publisher: Cambridge University Press
Total Pages: 437
Release: 2022-03-17
Genre: Law
ISBN: 0521853982

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Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.


International Conflict and Security Law

International Conflict and Security Law
Author: Sergey Sayapin
Publisher: Springer Nature
Total Pages: 1488
Release: 2022-07-21
Genre: Law
ISBN: 9462655154

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This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed. Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations. Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan. Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross. Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom. Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan. Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.