The Contribution Of The Extraordinary Chambers In The Courts Of Cambodia To The Establishment Of A Hybrid Tribunal Model PDF Download
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Author | : Ricarda Popa |
Publisher | : GRIN Verlag |
Total Pages | : 40 |
Release | : 2010-01-25 |
Genre | : Law |
ISBN | : 3640518020 |
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Research Paper (postgraduate) from the year 2009 in the subject 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.
Author | : John D. Ciorciari |
Publisher | : University of Michigan Press |
Total Pages | : 462 |
Release | : 2014-02-20 |
Genre | : Law |
ISBN | : 0472119303 |
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A definitive scholarly treatment of the ECCC from legal and political perspectives
Author | : Simon M. Meisenberg |
Publisher | : Springer |
Total Pages | : 614 |
Release | : 2016-03-30 |
Genre | : Law |
ISBN | : 9462651051 |
Download The Extraordinary Chambers in the Courts of Cambodia Book in PDF, ePub and Kindle
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.
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.
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.
Author | : Rebecca Gidley |
Publisher | : Springer |
Total Pages | : 250 |
Release | : 2019-02-19 |
Genre | : History |
ISBN | : 3030047830 |
Download Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia Book in PDF, ePub and Kindle
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.
Author | : Nina H.B. Jørgensen |
Publisher | : Edward Elgar Publishing |
Total Pages | : 432 |
Release | : 2018-04-27 |
Genre | : Law |
ISBN | : 1784718076 |
Download The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia Book in PDF, ePub and Kindle
This Companion is a one-stop reference resource on the Phnom Penh based ‘Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court’s practical and jurisprudential challenges and outcomes. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal’s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around six themes: legality, structure, proceedings, jurisprudence, legitimacy and legacy. This comprehensive Companion will provide a platform for interested sectors of domestic and international society, to assess the value of the Extraordinary Chambers, both during the tribunal’s lifespan and after it has closed its doors.
Author | : Ellen van Heugten |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Court rules |
ISBN | : 9789058871572 |
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The Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea (hereafter 'ECCC' or 'Extraordinary Chambers') are one of the six hybrid criminal tribunals that have been created by the international community and have become operational. The ECCC was founded in 2006 and located in Phnom Penh, Cambodia. In the regular Cambodian courts, there was little tendency toward the prosecution of former Khmer Rouge leadership, one of the reasons why the ECCC was established in the existing court structure of Cambodia. The Cambodian criminal procedure was chosen to lead the trials, with the international standards to be used to fill in any blanks or to clarify uncertainties in the national law. The official language of the ECCC was Khmer, but the working language was Khmer, English, and French. This book contains the basic regulations that are applicable to the function and establishment of the Court.
Author | : Peter Manning |
Publisher | : Taylor & Francis |
Total Pages | : 172 |
Release | : 2017-06-26 |
Genre | : Social Science |
ISBN | : 1317007247 |
Download Transitional Justice and Memory in Cambodia Book in PDF, ePub and Kindle
Memories of violence, suffering and atrocities in Cambodia are today being pulled in different directions. A range of transitional justice practices have been put to work in the name of redressing, restoring and renewing memory. At the centre of this stage is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute the leaders of the Khmer Rouge regime, under which 1.6 million Cambodians died of hunger or disease or were executed. This book unpicks the way memory is reconstructed through appeals to a national memory, the legal reframing and coding of memories as crimes, and bids to locate personal memories within collective biographies. Analysing the techniques and interventions of the ECCC, as well as exploring the role of non-governmental organisations (NGOs), the book explores the relationships in which Cambodian communities navigate memories of political violence. This book is essential for understanding transitional justice in Cambodia in, and beyond, the courtroom. Transitional Justice and Memory in Cambodia shows that the governing logic of transitional justice interventions – that societies are unable to 'deal with' memories of atrocity and violence without some form of transitional justice mechanism – neglects the complexity of memory and remembering in post-atrocity contexts and the agency of the subjects to which such mechanisms are addressed. Drawing on documentary sources, legal transcripts, interviews and participant observation data, the book situates transitional justice processes in Cambodia within a wider context of social and cultural memory politics, examining (old and new) conflicts of memory that have emerged between the varied accounts and uses of the past that exist in Cambodia now. As such, it will appeal to students and scholars in sociology, human rights, law and criminology.
Author | : Susan R. Lamb |
Publisher | : Torkel Opsahl Academic EPublisher |
Total Pages | : 4 |
Release | : 2015-05-29 |
Genre | : Law |
ISBN | : 8283480030 |
Download Reconciliation v. Accountability Book in PDF, ePub and Kindle