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Extraordinary Justice

Extraordinary Justice
Author: Craig Etcheson
Publisher: Columbia University Press
Total Pages: 314
Release: 2019-11-19
Genre: Political Science
ISBN: 0231550723

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In just a few short years, the Khmer Rouge presided over one of the twentieth century’s cruelest reigns of terror. Since its 1979 overthrow, there have been several attempts to hold the perpetrators accountable, from a People’s Revolutionary Tribunal shortly afterward through the early 2000s Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal. Extraordinary Justice offers a definitive account of the quest for justice in Cambodia that uses this history to develop a theoretical framework for understanding the interaction between law and politics in war crimes tribunals. Craig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake. Etcheson argues that the concepts of legality that hold sway in such tribunals should be understood in terms of their orientation toward politics, both in the Khmer Rouge Tribunal and generally. A magisterial chronicle of the inner workings of postconflict justice, Extraordinary Justice challenges understandings of the relationship between politics and the law, with important implications for the future of attempts to seek accountability for crimes against humanity.


The Khmer Rouge Tribunal

The Khmer Rouge Tribunal
Author: John David Ciorciari
Publisher:
Total Pages: 208
Release: 2006
Genre: Cambodia
ISBN:

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"Between April 1975 and January 1979, the radical Khmer Rouge regime subjected Cambodians to a wave of atrocities that left over one in four Cambodians dead. For nearly three decades, calls for justice went unanswered, and the architects of Khmer Rouge terror enjoyed almost unfettered impunity. Only recently has a tribunal been established to put surviving Khmer Rouge officials on trial. This edited volume examines the origins, evolution, and features of the Khmer Rouge Tribunal. It provides a concise overview of legal and political issues surrounding the tribunal and answers key questions about the accountability process. It explains why the tribunal took so many years to create and why it became a "hybrid" court with Cambodian and international participation. It also assesses the laws and procedures governing the proceedings and the likely evidence available against Khmer Rouge defendants. Finally, it discusses how the tribunal can most effectively advance the aims of justice and reconciliation in Cambodia and help to dispel the shadows of the past."--BACK COVER.


Getting Away with Genocide?

Getting Away with Genocide?
Author: Tom Fawthrop
Publisher: UNSW Press
Total Pages: 350
Release: 2005
Genre: Cambodia
ISBN: 9780868409047

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"Foreword by Roland Joffe, Director of 'The Killing Fields' " --Cover.


The Khmer Rouge Tribunal

The Khmer Rouge Tribunal
Author: Julie Bernath
Publisher: University of Wisconsin Pres
Total Pages: 288
Release: 2023
Genre: Justice, Administration of
ISBN: 029934360X

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"From 1975 to 1979, while Cambodia was ruled by the brutal Communist Party of Kampuchea (Khmer Rouge) regime, torture, starvation, rape, and forced labor contributed to the death of at least a fifth of the country's population. Despite the severity of these abuses, civil war and international interference prevented investigation until 2004, when protracted negotiations between the Cambodian government and the United Nations resulted in the establishment of the Extraordinary Chambers in the Courts of Cambodia (ECCC), or Khmer Rouge tribunal. The resulting trials have been well scrutinized, with many scholars seeking to weigh the results of the tribunal against the extent of the offenses. Here, Bernath instead deliberately decenters the trials in an effort to understand the ECCC in its particular context-and the degree to which notions of transitional justice generally must be understood in particular social, cultural, and political contexts. She focuses on "sites of resistance" to the ECCC, including not only members of the elite political class but also citizens who do not, for a variety of tangled reasons, participate in the tribunal-and even resistance from victims of the regime and participants in the trials. Bernath demonstrates that the ECCC both shapes and is shaped by long-term contestation over Cambodia's social, economic, and political transformations, and thereby argues that transitional justice must be understood locally rather than as a homogenous good that can be implanted by international actors"--


Hybrid Justice

Hybrid Justice
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


Figuring Victims in International Criminal Justice

Figuring Victims in International Criminal Justice
Author: Maria Elander
Publisher: Routledge
Total Pages: 196
Release: 2018-06-12
Genre: Law
ISBN: 0429492057

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Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.


Anthropological Witness

Anthropological Witness
Author: Alexander Laban Hinton
Publisher: Cornell University Press
Total Pages: 187
Release: 2022-10-15
Genre: Social Science
ISBN: 150176571X

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Anthropological Witness tells the story of Alexander Laban Hinton's encounter with an accused architect of genocide and, more broadly, Hinton's attempt to navigate the promises and perils of expert testimony. In March 2016, Hinton served as an expert witness at the Extraordinary Chambers in the Courts of Cambodia, an international tribunal established to try senior Khmer Rouge leaders for crimes committed during the 1975–79 Cambodian genocide. His testimony culminated in a direct exchange with Pol Pot's notorious right-hand man, Nuon Chea, who was engaged in genocide denial. Anthropological Witness looks at big questions about the ethical imperatives and epistemological assumptions involved in explanation and the role of the public scholar in addressing issues relating to truth, justice, social repair, and genocide. Hinton asks: Can scholars who serve as expert witnesses effectively contribute to international atrocity crimes tribunals where the focus is on legal guilt as opposed to academic explanation? What does the answer to this question say more generally about academia and the public sphere? At a time when the world faces a multitude of challenges, the answers Hinton provides to such questions about public scholarship are urgent.


Genocide in Cambodia

Genocide in Cambodia
Author: Howard J. De Nike
Publisher: University of Pennsylvania Press
Total Pages: 578
Release: 2012-05-23
Genre: Law
ISBN: 0812205464

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The Khmer Rouge held power in Cambodia from 1975 to 1979 and aggressively pursued a policy of radical social reform that resulted in the deaths of hundreds of thousands of Cambodians through mass executions and physical privation. In January 1979, the government was overthrown by former Khmer Rouge functionaries, with substantial backing from the army of Vietnam. In August of that year a special court, the People's Revolutionary Tribunal, was constituted to try two of the Khmer Rouge government's most powerful leaders, Pol Pot and Ieng Sary. The charge against them was genocide as it was defined in the United Nation's genocide convention of 1948. At the time, both men were in the Cambodian jungle leading the Khmer Rouge in a struggle to regain power; they were, therefore, tried in absentia. Genocide in Cambodia assembles documents from this historic trial and contains extensive reports from the People's Revolutionary Tribunal. The book opens with essays that discuss the nature of the primary documents, and places the trial in its historical, legal, and political context. The documents are divided into three parts: those relating to the establishment of the tribunal; those used as evidence, including statements of witnesses, investigative reports of mass grave sites, expert opinions on the social and cultural impact of the actions of Pol Pot and Ieng Sary, and accounts from the foreign press; and finally the record of the trial, beginning with the prosecutor's indictment and ending with the concluding speeches by the attorneys for the defense and prosecution. The trial of Pol Pot and Ieng Sary was the world's first genocide trial based on United Nations's policy as well as the first trial of a head of government on a human rights-related charge. This documentary record is significant for the history of Cambodia, and it will be of the highest importance as well to the international legal and human rights communities.


Man or Monster?

Man or Monster?
Author: Alexander Laban Hinton
Publisher: Duke University Press
Total Pages: 242
Release: 2016-10-13
Genre: Social Science
ISBN: 0822373556

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During the Khmer Rouge's brutal reign in Cambodia during the mid-to-late 1970s, a former math teacher named Duch served as the commandant of the S-21 security center, where as many as 20,000 victims were interrogated, tortured, and executed. In 2009 Duch stood trial for these crimes against humanity. While the prosecution painted Duch as evil, his defense lawyers claimed he simply followed orders. In Man or Monster? Alexander Hinton uses creative ethnographic writing, extensive fieldwork, hundreds of interviews, and his experience attending Duch's trial to create a nuanced analysis of Duch, the tribunal, the Khmer Rouge, and the after-effects of Cambodia's genocide. Interested in how a person becomes a torturer and executioner as well as the law's ability to grapple with crimes against humanity, Hinton adapts Hannah Arendt's notion of the "banality of evil" to consider how the potential for violence is embedded in the everyday ways people articulate meaning and comprehend the world. Man or Monster? provides novel ways to consider justice, terror, genocide, memory, truth, and humanity.


After the First Trial

After the First Trial
Author: Phuong N. Pham
Publisher: Human Rights Center, Uc Berkeley
Total Pages: 0
Release: 2011-04
Genre: Cambodia
ISBN: 9780982632376

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On July 26, 2010, Kaing Guek Eav, alias Duch, was convicted of crimes against humanity and grave breaches of the 1949 Geneva Conventions for events that took place three decades earlier under the Khmer Rouge regime. Following this important milestone for the Extraordinary Chambers in the Courts of Cambodia (ECCC), the present study was implemented to (1) monitor public awareness and knowledge of the ECCC's work, as well as of outreach and victim participation initiatives organized by the tribunal and local non-governmental organizations, (2) assess attitudes about justice and the desire for reparations for past crimes, and (3) recommend ways in which the ECCC, civil society, and the international community can continue to engage Cambodians in the work of the ECCC. This report presents the results of a survey of 1,000 Cambodians, aged 18 or above, randomly selected throughout the country to be representative of the adult population. The interviews were conducted anonymously and confidentially in December 2010 by a team of trained interviewers using a structured questionnaire. This is the second population-based survey conducted in Cambodia by the Initiative for Vulnerable Populations at UC Berkeley's School of Law Human Rights Center.