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Transitional Justice and Memory in Cambodia

Transitional Justice and Memory in Cambodia
Author: Peter Manning
Publisher: Taylor & Francis
Total Pages: 172
Release: 2017-06-26
Genre: Social Science
ISBN: 1317007247
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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.

Victims, Atrocity and International Criminal Justice

Victims, Atrocity and International Criminal Justice
Author: Rachel Killean
Publisher: Routledge
Total Pages: 246
Release: 2018-07-03
Genre: Law
ISBN: 1351733311
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While international criminal courts have often been declared as bringing ‘justice’ to victims, their procedures and outcomes historically showed little reflection of the needs and interests of victims themselves. This situation has changed significantly over the last sixty years; victims are increasingly acknowledged as having various ‘rights’, while their need for justice has been deployed as a means of justifying the establishment of international criminal courts. However, it is arguable that the goals of political and legal elites continue to be given precedence, and the ability of courts to deliver ‘justice to victims’ remains contested. This book contributes to this important debate through an examination of the role of victims as civil parties within the Extraordinary Chambers in the Courts of Cambodia. Drawing on a series of interviews with civil parties, court practitioners and civil society actors, the book explores the way in which both the ECCC and the role of victims within it are shaped by specific political, economic and legal contexts; examining the ‘gap’ between the legitimising value of the ‘imagined victim’, and the extent to which victims are able to further their interests within the courtroom.

The Arts of Transitional Justice

The Arts of Transitional Justice
Author: Peter D. Rush
Publisher: Springer Science & Business Media
Total Pages: 212
Release: 2013-09-25
Genre: Psychology
ISBN: 1461483859
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​​The Art of Transitional Justice examines the relationship between transitional justice and the practices of art associated with it. Art, which includes theater, literature, photography, and film, has been integral to the understanding of the issues faced in situations of transitional justice as well as other issues arising out of conflict and mass atrocity. The chapters in this volume take up this understanding and its demands of transitional justice in situations in several countries: Afghanistan, Serbia, Srebenica, Rwanda, Northern Ireland, Cambodia, as well as the experiences of resulting diasporic communities. In doing so, it brings to bear the insights from scholars, civil society groups, and art practitioners, as well as interdisciplinary collaborations.

New Critical Spaces in Transitional Justice

New Critical Spaces in Transitional Justice
Author: Arnaud Kurze
Publisher: Indiana University Press
Total Pages: 251
Release: 2019-01-10
Genre: Political Science
ISBN: 0253039924
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Since the 1980s, transitional justice mechanisms have been increasingly applied to account for mass atrocities and grave human rights violations throughout the world. Over time, post-conflict justice practices have expanded across continents and state borders and have fueled the creation of new ideas that go beyond traditional notions of amnesty, retribution, and reconciliation. Gathering work from contributors in international law, political science, sociology, and history, New Critical Spaces in Transitional Justice addresses issues of space and time in transitional justice studies. It explains new trends in responses to post-conflict and post-authoritarian nations and offers original empirical research to help define the field for the future.

Bridging Divides in Transitional Justice

Bridging Divides in Transitional Justice
Author: Cheryl S. White
Publisher:
Total Pages: 0
Release: 2017
Genre: Cambodia
ISBN: 9781780684406
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The backdrop to Bridging Divides in Transitional Justice is Cambodia's history of radical Communist revolution (1975-1979) under the brutal Khmer Rouge regime, and the culture of impunity and silence imposed on the society by successive national governments for close to three decades. Dialogue on the suppressed past began in 2006 as key figures of the regime were brought before the in situ internationalized criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). This book engages with the dissonance between the expressivism of idealized international criminal trials and their communicative or discursive value within the societies most affected by their operation. An alternative view of the transitional trial is posited as the author elucidates the limits of expressivism and explores the communicative dynamics of ECCC trial procedure which have precipitated unprecedented local debate and reflection on the Khmer Rouge era. From transcripts of the proceedings, exchanges between trial participants-including witnesses, civil parties and the accused-are examined to show how, at times, the retributive proceedings assumed the character of restorative justice and encompassed significant dialogue on current social issues, such as the victim/perpetrator equation and the nature of ongoing post-traumatic stress disorder flowing from the events that took place under this violent regime. This title is a revised & edited dissertation. (Series: Series on Transitional Justice, Vol. 23) Subject: Cambodian Law, Criminal Law, International Law]

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 Extraordinary Chambers in the Courts of Cambodia

The Extraordinary Chambers in the Courts of Cambodia
Author: Simon M. Meisenberg
Publisher: Springer
Total Pages: 612
Release: 2016-03-30
Genre: Law
ISBN: 9462651051
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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.

Founding Myths and Peace Building Processes In Post-Conflict Cambodia

Founding Myths and Peace Building Processes In Post-Conflict Cambodia
Author: Ricarda Popa
Publisher: GRIN Verlag
Total Pages: 73
Release: 2010-03
Genre:
ISBN: 3640543319
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Master's Thesis from the year 2009 in the subject Politics - International Politics - Region: Far East, grade: 14 points, University of Marburg (Gesellschaftswissenschaften und Philosophie), language: English, abstract: Cambodia has accumulated hundreds of years of repressions, supervision by foreign countries, territorial partitions, insecurities, and conflicts. The last 5 decades, Cambodia has suffered extensive military or ideological wars, undergoing changing political regimes that were neither stable nor legitimately recognized. These passed from absolute monarchy, to communism attached to Maoism, to socialism after Marx and Lenin, to capitalism, and finally to constitutional monarchy based on parliamentary system, (Vannath 2003:49) which have influenced significantly all state institutions from complete destruction to reconstruction based on ideological, geo-strategic interest or political cupidity. Ironically, the country's experience has remained internationally rather unnoticed, succeeding eventually in the past years to acquire political attention due to the substantial international financial and technical efforts in post-war reconstruction and peace building. (Heijmans 2004:331). With this support, Cambodia is trying to redefine itself and to open itself to the world as a regional equilibrating partner, a corner of cultural and architectural treasures, but also as a traumatized nation in need of foreign aid. In this process, the country has formulated diverse narratives to represent it on the international and domestic scene and to help people go on with a hope for peace and prosperity. Given being this evolution, the thesis ascertains the contribution of the new Cambodian founding myths in the country's peace building after having emerged from destabilizing rules, especially the Khmer Rouge regime. In the wake of democratization, Cambodia has started to set a new beginning, this paper searching to understand if these transitional definitions of the nat

Victim Participation in International Criminal Justice

Victim Participation in International Criminal Justice
Author: Kinga Tibori-Szabó
Publisher: Springer
Total Pages: 479
Release: 2017-07-08
Genre: Law
ISBN: 9462651779
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This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.

The Justice Facade

The Justice Facade
Author: Alexander Laban Hinton
Publisher: Oxford University Press
Total Pages: 305
Release: 2018
Genre: Law
ISBN: 0198820941
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For survivors of the brutal Khmer Rouge Regime, western instruments of justice are small plasters on deep wounds. In Hinton's account of the subsequent international tribunal, only traditional ceremony, ritual, and unmediated dialogue can provide true healing.