Journal articles: 'Extraordinary Chambers'

1

Tek, Farrah L. "Justice at the Extraordinary Chambers in the Court of Cambodia?" Peace Review 23, no. 4 (October 2011): 431–37. http://dx.doi.org/10.1080/10402659.2011.625738.

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Linton, Suzannah. "Safeguarding the Independence and Impartiality of the Cambodian Extraordinary Chambers." Journal of International Criminal Justice 4, no. 2 (May 1, 2006): 327–41. http://dx.doi.org/10.1093/jicj/mql009.

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Sluiter, Göran. "Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers." Journal of International Criminal Justice 4, no. 2 (May 1, 2006): 314–26. http://dx.doi.org/10.1093/jicj/mql010.

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Yang, Suhong. "Trial Chamber Case 002/02 Against Nuon Chea and Khieu Samphan (Extraordinary Chambers in the Courts of Cambodia)." International Legal Materials 59, no. 1 (February 2020): 159–79. http://dx.doi.org/10.1017/ilm.2020.6.

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On November 16, 2018, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) rendered the judgment in Case 002/02 against Nuon Chea and Khieu Samphan. The full written version of the judgment was notified in Khmer, English, and French on March 28, 2019. The Chamber found Nuon and Khieu guilty of crimes against humanity, grave breaches of the Geneva Conventions, and genocide of the Vietnamese ethnic, national, and racial group. The Chamber additionally convicted Nuon of genocide of the Cham ethnic and religious group under the doctrine of superior responsibility. Both Nuon and Khieu were sentenced to life imprisonment.

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5

Scheffer, David J. "Case 004/2 Involving AO An: Considerations on Appeals Against Closing Orders (Extraordinary Chambers Cts. Cambodia)." International Legal Materials 59, no. 4 (August 2020): 563–615. http://dx.doi.org/10.1017/ilm.2020.37.

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On December 19, 2019, the Pre-Trial Chamber (PTC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) rendered its “Considerations on Appeals Against Closing Orders” in Case 004/2 Involving Ao An. The 266-page ruling exemplified, and brought to a head, the longstanding conflict within the ECCC between the national and international co-prosecutors and between the national and international judges on the parameters of personal jurisdiction and the interpretation of relevant provisions of the ECCC's constitutional documents. The fate of the ECCC now hangs in the balance.

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Birkett, Daley J. "Victims’ Justice? Reparations and Asset Forfeiture at the Extraordinary African Chambers." Journal of African Law 63, no. 2 (June 2019): 151–61. http://dx.doi.org/10.1017/s0021855319000159.

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AbstractThis article critically analyses the reparations and asset forfeiture framework at the Extraordinary African Chambers and its application in the case against Hissène Habré. It identifies obstacles to implementing the reparations awarded and calls for states and international organizations to support their realization for the sake of Habré’s victims, without whose efforts the tribunal might not exist. It argues that international(ized) criminal tribunals should more readily utilize fines and forfeiture as penalties to alleviate the pressure on trust funds to implement reparations awards, particularly in cases where convicted persons possess substantial assets. Lastly, in light of the requirement that assets susceptible to forfeiture orders be derived directly or indirectly from the crime(s) of which a person is found guilty, the article questions the failure of the prosecutor to charge Habré with the war crime of pillage, despite its availability in the tribunal's statute and the finding that the suffering of many of Habré’s victims entitled to individual compensation resulted from pillage.

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7

Sperfeldt, Christoph. "Collective Reparations at the Extraordinary Chambers in the Courts of Cambodia." International Criminal Law Review 12, no. 3 (2012): 457–90. http://dx.doi.org/10.1163/157181212x648888.

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One of the most distinct features of the Extraordinary Chambers in the Courts of Cambodia (ECCC) is that it combines an extensive victim participation scheme with a reparations mandate, although civil parties are limited to seeking ‘collective and moral reparations’. This article looks at recent developments in the ECCC’s collective reparations mandate and the result of the Court’s first trial in which no tangible reparations were awarded to civil parties. It will then examine recent rule amendments under which the Victims Support Section was given responsibility for designing and implementing reparations projects for civil parties and other non-judicial measures addressing the broader interests of victims. Based on these developments, the article discusses the main challenges for implementing collective reparations in Cambodia and beyond. The article concludes with some preliminary observations and lessons following the completion of the ECCC’s first trial.

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8

Matsiko, Samuel. "Optics, Aged Witnesses and Aged Defendants: Habré at the Extraordinary African Chambers." International Criminal Law Review 22, no. 1-2 (October 15, 2021): 244–60. http://dx.doi.org/10.1163/15718123-bja10100.

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Abstract The prosecution of international crimes in domestic and international criminal justice systems may involve aged defendants. Such prosecutions often implicate aged witnesses as well. There is a dearth of literature not only on the expressive value and optics of punishing aged defendants but also on the role of aged witnesses in the trial process. The need to interrogate these optics and perceptions—be it from an empirical or a theoretical perspective—is not only necessary, it is also timely. This article assesses the prosecution of Chadian dictator Hissène Habré in 2015–2016 at the Extraordinary African Chambers. This trial not only concerned an aged defendant, but also over 90 witnesses, the majority of whom was aged. This article explores the dialectics between the optics of punishing aged defendants and the optics of aged witnesses at the Habré trial.

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9

Tyner, James A. "Book review: Transitional Justice and Memory in Cambodia: Beyond the Extraordinary Chambers." Memory Studies 13, no. 4 (June 10, 2020): 767–69. http://dx.doi.org/10.1177/1750698020929937.

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10

Gauld, Kate. "A Postcard from the Extraordinary Chambers in the Courts of Cambodia (‘ECCC’)." Alternative Law Journal 41, no. 2 (June 2016): 131–32. http://dx.doi.org/10.1177/1037969x1604100215.

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11

Jørgensen, Nina H. B. "Book Review: Hybrid justice, the extraordinary chambers in the courts of Cambodia." International Criminal Justice Review 26, no. 2 (September 28, 2015): 202–3. http://dx.doi.org/10.1177/1057567715606784.

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12

Perez-Leon-Acevedo, Juan-Pablo. "Reparation Modalities at the Extraordinary Chambers in the Courts of Cambodia (ECCC)." Law & Practice of International Courts and Tribunals 19, no. 3 (November 27, 2020): 451–69. http://dx.doi.org/10.1163/15718034-12341431.

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Abstract In the last decade, the ECCC has ordered reparations for victims of the Khmer Rouge’s mass atrocities committed in Cambodia during the 1970s. Various scholars have examined those reparations ordered by the ECCC. Yet, this is the first academic piece to assess the ECCC’s reparation modalities under the UN Reparation Principles, which contain key standards on reparations for victims of atrocities. Overall, the ECCC has ordered important rehabilitation, satisfaction and guarantees of non-repetition measures to redress victims’ harm. This is a meaningful current development with regard to reparations for victims of atrocities. However, the ECCC’s reparation law and practice exhibits some important deficits under the UN Reparation Principles. At the ECCC, restitution and compensation are excluded and the range of guarantees of non-repetition has been limited. Nonetheless, these deficits must be considered within the ECCC’s mandate as an internationalised criminal court.

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13

Christensen, Mikkel Jarle, and Astrid Kjeldgaard-Pedersen. "Competing Perceptions of Hybrid Justice: International v. National in the Extraordinary Chambers of the Courts of Cambodia." International Criminal Law Review 18, no. 1 (February 15, 2018): 127–53. http://dx.doi.org/10.1163/15718123-01801007.

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Mixing insights from critical sociology and legal scholarship, this article analyses the diverging professional interests at play in the Extraordinary Chambers in the Courts of Cambodia (eccc) and examines how they affect the Chambers’ application of the law. The article shows that judicial interpretation in the eccc is influenced by two non-legal factors. One is the overall shared interest of the competing groups of professionals occupying the Chambers that the Khmer Rouge leaders are tried before an internationalised rather than purely a domestic court. The other is the profound power battle between the international and the national constituents of the eccc. In a broader context, the findings of the article point to a fundamental divide between an international market of criminal lawyers promoting a very specific idea of international criminal justice and the local context this market purports to cater to.

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Perez-Leon-Acevedo, Juan-Pablo. "Victims and Reparations in International Criminal Justice: African Initiatives." Nordic Journal of International Law 88, no. 4 (November 11, 2019): 525–57. http://dx.doi.org/10.1163/15718107-08804004.

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Two important African criminal justice initiatives, namely, the Extraordinary African Chambers (eac) and the International Criminal Law Section of the African Court of Justice and Human and Peoples’ Rights (acjhr-icls), illustrate the trend whereby victims can claim and receive reparations at international/hybrid criminal tribunals (icts). The International Criminal Court (icc) started this trend. This article will examine whether the eac and acjhr-icls can contribute to victims’ status as reparations claimants on substantive, procedural and institutional levels. The eac-Statute as applied in Habré and the acjhr-Statute constitute the primary sources of analysis as complemented by inter alia the law and/or practice of the icc, Extraordinary Chambers in the Courts of Cambodia (eccc) and the African Court on Human and Peoples’ Rights (ACtHPR). This article generally finds that the realisation of victims’ right to reparations at the eac and acjhr-icls depends on how normative and implementation deficits and challenges are handled.

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15

Naidu, Natasha, and Sarah Williams. "The Function and Dysfunction of the Pre-Trial Chamber at the Extraordinary Chambers in the Courts of Cambodia." Journal of International Criminal Justice 18, no. 3 (July 1, 2020): 665–88. http://dx.doi.org/10.1093/jicj/mqaa034.

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Abstract This article examines claims that the Pre-Trial Chamber (PTC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has been rendered dysfunctional in Cases 003 and 004, based on a qualitative analysis of PTC jurisprudence. It finds that the PTC has displayed signs of an inability to carry out both its core function and extended mandate in Cases 003 and 004, suggesting that the PTC is — at least on occasion — dysfunctional. Next, it argues that these signs of PTC dysfunction are not due to political interference at the ECCC alone but are also a result of structural weaknesses embedded in the PTC’s design during negotiations. These structural weaknesses have rendered the PTC unable to avoid dysfunction. Ultimately, this article explores the implications of PTC dysfunction for the ECCC and its proceedings and for the establishment of future tribunals under circumstances that are similarly politically challenging.

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16

Adjovi, Roland. "The Agreement on the Establishment of the Extraordinary African Chambers within the Senegalese Judicial System Between the Government of the Republic Of Senegal and the African Union and the Statute of the Chambers." International Legal Materials 52, no. 4 (August 2013): 1020–36. http://dx.doi.org/10.5305/intelegamate.52.4.1020.

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On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.

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17

Lambourne, Wendy. "Justice After Genocide: Impunity and the Extraordinary Chambers in the Courts of Cambodia." Genocide Studies and Prevention 8, no. 2 (May 2014): 29–43. http://dx.doi.org/10.5038/1911-9933.8.2.5.

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18

Elander, Maria. "Visualizing Law and Justice at the Extraordinary Chambers in the Courts of Cambodia." AJIL Unbound 114 (2020): 128–32. http://dx.doi.org/10.1017/aju.2020.20.

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The body is falling backwards, facing the sky. The hands are clasped together in a sampeah, as if in greeting, as if in prayer. For the artist of the Cambodian Tragedy Memorial, also called A ceux qui ne sont plus là (For those who are no longer here), the body “speak[s] both to and beyond individual identity.” By standing both as personal testimony of loss and “in memory of the Cambodian genocide and its impossible representation,” the memorial raises longstanding questions on the authority and limits of testimony, on representation, and, importantly for this symposium, on the relation between art and international criminal law.

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19

de Bertodano, Sylvia. "Problems Arising from the Mixed Composition and Structure of the Cambodian Extraordinary Chambers." Journal of International Criminal Justice 4, no. 2 (May 1, 2006): 285–93. http://dx.doi.org/10.1093/jicj/mql008.

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20

Cimiotta, E. "The First Steps of the Extraordinary African Chambers: A New Mixed Criminal Tribunal?" Journal of International Criminal Justice 13, no. 1 (January 15, 2015): 177–97. http://dx.doi.org/10.1093/jicj/mqu085.

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21

Ntahiraja, Bernard. "Universal Jurisdiction and the Extraordinary African Chambers in the Senegalese Judicial System: Towards a Replicable Enforcement Model?" African Yearbook of International Law Online / Annuaire Africain de droit international Online 24, no. 1 (December 19, 2019): 272–99. http://dx.doi.org/10.1163/22116176_02401013.

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On 22 August 2012, the Republic of Senegal and the African Union agreed to create the Extraordinary African Chambers (EACs) within the Senegalese judicial system. The Chambers’ mission would be to try Hissène Habré for international crimes he had allegedly committed while he was President of the Republic of Chad (1982–1990). The Agreement recognised that even before its conclusion, Senegal enjoyed jurisdiction to try Habré and was even obliged to do so – unless it extradites him -. Senegal’s jurisdiction was based on the universality principle. The success of the trial – i.e. the conclusion of the criminal aspect of the proceedings – has brought some stakeholders to think and declare that a new enforcement mechanism of universal jurisdiction had been found. They argued that it could be generalised. This article questions that view. It first recalls the context in which the Chambers were created. The purpose is to demonstrate that their setting up resulted from a historical accident rather than a well thought out policy. The essential element of that context is the controversial judgment of the Court of Justice of the Economic Community of Western African States (ECOWAS). The article then undertakes a detailed presentation of the Chambers as a judicial institution, emphasising their composition. It finds out that the rationale behind the hybridity was the mere concern to comply with the judgment of the ECOWAS Court. At no point was the discussion about pursuing hybridity for its (alleged) intrinsic advantages. Lastly, the article balances the possible value-added of an EACs-like formula against the risks it presents when it comes to the enforcement of universal jurisdiction. It finds out that while the formula has no apparent advantages, there are risks attached to it. The most important of these is that it would decrease the likelihood of trials based on the universality principle in Africa.

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22

Sperfeldt, Christoph. "The trial against Hissène Habré: networked justice and reparations at the Extraordinary African Chambers." International Journal of Human Rights 21, no. 9 (August 18, 2017): 1243–60. http://dx.doi.org/10.1080/13642987.2017.1360018.

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23

Newton, Michael A. "Extraordinary Chambers in the Courts of Cambodia Provisional Detention Order Against Kaing Guek Eav." International Legal Materials 46, no. 5 (September 2007): 911–18. http://dx.doi.org/10.1017/s0020782900005325.

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24

Acquaviva, G. "New Paths in International Criminal Justice?: The Internal Rules of the Cambodian Extraordinary Chambers." Journal of International Criminal Justice 6, no. 1 (March 1, 2008): 129–51. http://dx.doi.org/10.1093/jicj/mqm085.

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25

Williams, Sarah, and Emma Palmer. "The Extraordinary Chambers in the Courts of Cambodia: Developing the Law on Sexual Violence?" International Criminal Law Review 15, no. 3 (March 23, 2015): 452–84. http://dx.doi.org/10.1163/15718123-01503006.

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Widespread sexual violence was a feature of Democratic Kampuchea, whether during forced marriages, as an instrument of torture, or as a systematic feature of Khmer Rouge policy, with rape often the precursor to execution. Since it was established, the Extraordinary Chambers in the Courts of Cambodia (eccc) has secured a single conviction of sexual violence. This article draws on the eccc’s jurisprudence and decisions of other international criminal tribunals to argue that, to date, the eccc has made little contribution to the development of the legal framework surrounding sexual violence. However, there remain several possibilities for it to do so.

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26

Marusin, Igor S. "Bringing the former president of Chad H. Habré to justice and the Extraordinary African Chambers." Vestnik of Saint Petersburg University. Law 10, no. 4 (2019): 691–98. http://dx.doi.org/10.21638/spbu14.2019.405.

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27

Jarvis, Helen. ""Justice for the deceased": victims' participation in the Extraordinary Chambers in the Courts of Cambodia." Genocide Studies and Prevention 8, no. 2 (May 2014): 19–27. http://dx.doi.org/10.5038/1911-9933.8.2.4.

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28

Manning, Peter. "Governing memory: Justice, reconciliation and outreach at the Extraordinary Chambers in the Courts of Cambodia." Memory Studies 5, no. 2 (May 23, 2011): 165–81. http://dx.doi.org/10.1177/1750698011405183.

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29

Williams, S. "The Extraordinary African Chambers in the Senegalese Courts: An African Solution to an African Problem?" Journal of International Criminal Justice 11, no. 5 (November 30, 2013): 1139–60. http://dx.doi.org/10.1093/jicj/mqt060.

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30

STEGMILLER, IGNAZ. "Legal Developments in Civil Party Participation at the Extraordinary Chambers in the Courts of Cambodia." Leiden Journal of International Law 27, no. 2 (February 13, 2014): 465–77. http://dx.doi.org/10.1017/s0922156514000028.

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AbstractFor the first time in the history of international criminal justice, victims of mass crimes have been granted the status of so-called ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This status grants them – at least theoretically – the right to participate in the proceedings as a formal party with broad participatory rights similar to the those of the defence and the prosecution. While the ECCC is exemplary in how it has addressed the issue of victims’ participation, practical necessities and judicial skepticism have led to significant changes in the civil party mechanism and continuously constrained participatory rights. First, changes in the ECCC's Internal Rules have significantly altered the original civil party mechanism and led to a form of victim participation similar to the one practised at the International Criminal Court (ICC), thus departing from the true meaning of a partie civile. Judicial decisions by the ECCC's judges, as well as changes in the Internal Rules, have abrogated the strong civil party mechanism that was originally anticipated in Cambodian criminal procedure law. Second, the practical challenges surrounding victim participation have been enormous. The Court itself was struggling due to lack of funding and lack of prioritization of a meaningful outreach program for victims and civil parties. The ECCC's Public Affairs Section (PAS) and the Victims Support Section (VSS) held the responsibility of reaching out to the general Cambodian population. However, it was Cambodian NGOs that ultimately established a collaborative outreach system and collected more than 8,000 Victim Information Forms (VIFs). All these efforts notwithstanding, only political willingness and a Cambodian discussion of how to deal with the vast number of perpetrators beyond a handful of criminal trials, can lead to a process of coming to terms with one's past.

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31

Hassellind, Filip Strandberg, and Mikael Baaz. "Just another battleground: resisting courtroom historiography in the extraordinary chambers in the courts of Cambodia." Journal of Political Power 13, no. 2 (May 3, 2020): 252–67. http://dx.doi.org/10.1080/2158379x.2020.1764806.

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32

Williams, Sarah, and Emma Palmer. "Transformative Reparations for Women and Girls at the Extraordinary Chambers in the Courts of Cambodia." International Journal of Transitional Justice 10, no. 2 (April 14, 2016): 311–31. http://dx.doi.org/10.1093/ijtj/ijw006.

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33

Hamilton, Tomas, and Michael Ramsden. "The Politicisation of Hybrid Courts: Observations from the Extraordinary Chambers in the Courts of Cambodia." International Criminal Law Review 14, no. 1 (2014): 115–47. http://dx.doi.org/10.1163/15718123-01402005.

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The use of ‘hybrid’ tribunals as a means to secure accountability for international crimes seeks to combine national ownership over the trials whilst providing a framework for the inclusion of international standards and personnel in the proceedings. The Extraordinary Chambers in the Courts of Cambodia (ECCC) represents one such hybrid experiment. Yet the ECCC has faced recurring allegations of political interference. These allegations are substantial and even if not always verifiable at least create an appearance of impropriety. The failure of the ECCC and United Nations to adequately address these allegations derived from a hybrid model that failed to provide sufficient safeguards against interference. The international community agreed on a solution to secure accountability with awareness that the trials were likely to be politically tainted. As such, the experiment in Cambodia provides a cautionary tale for the future design of hybrid tribunals.

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34

Bari, M. Ehteshamul. "Dispensation of Justice by the Extraordinary Chambers in the Courts of Cambodia: A Critical Appraisal." Journal of East Asia and International Law 4, no. 1 (May 30, 2011): 10. http://dx.doi.org/10.14330/jeail.2011.4.1.10.

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35

Vasiliev, Sergey. "ECCC Appeals." Journal of International Criminal Justice 18, no. 3 (July 1, 2020): 723–45. http://dx.doi.org/10.1093/jicj/mqaa031.

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Abstract The appellate stage of the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC) has received more limited attention than its pre-trial and trial process. In order to partially remedy this gap, this article highlights the unique features of the ECCC appellate system and how the Supreme Court Chamber (SCC) has given them effect in practice. Firstly, I consider the SCC’s restricted jurisdiction over immediate appeals and failed attempts by its judges to extend such appeals to jurisdictional questions. Secondly, I discuss the scope and powers of appellate review by the SCC in respect of alleged errors of law and fact, focusing on its innovative formulation of the standard of review of factual errors. This qualified deference standard has proven to be of broader import as it has informed the International Criminal Court Appeals Chamber's majority approach in the Bemba case. Thirdly, I focus on the SCC’s intervention in one area, namely the ECCC’s personal jurisdiction, and its reading of the ‘most responsible’ parameter as a non-jurisdictional and judicially unreviewable criterion. Taking cues from these landmark decisions, I appraise the SCC’s role in delivering fair and expeditious justice and securing the viability of the ECCC’s mission while acknowledging the more contentious aspects of its track record without which no account of its emerging legacy would be complete or balanced.

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Williams, Sarah. "Public International Law." International and Comparative Law Quarterly 53, no. 1 (January 2004): 227–45. http://dx.doi.org/10.1093/iclq/53.1.227.

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In May 2003 the United Nations General Assembly approved an agreement between the United Nations and the Cambodian government (UN Agreement) providing for United Nations assistance in the establishment and operation of ‘Extraordinary Chambers’ within the domestic court structure of Cambodia.1The UN Agreement is the result of a lengthy process of negotiation between the United Nations and the Cambodian government, with the intervention of several interested states.2The final agreement reflects a compromise between the need to address impunity and the need to preserve Cambodian sovereignty.

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Shapiro-Phim, Toni. "Embodying the Pain and Cruelty of Others." International Journal of Transitional Justice 14, no. 1 (November 29, 2019): 209–19. http://dx.doi.org/10.1093/ijtj/ijz029.

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Abstract A ground-breaking performing arts-centered reparations project of the Extraordinary Chambers in the Courts of Cambodia – also known as the Khmer Rouge Tribunal – is entitled Phka Sla. The Phka Sla initiative was proposed by survivors of the practice of forced marriage under the Khmer Rouge. While organizations collaborating on Phka Sla are assessing the impact of its innovative dance drama, exhibition and other activities on audiences and survivors, this article offers initial observations regarding the impact of embodying survivor testimony on the artists themselves.

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Kent, Alexandra. "Outsourcing Outreach: ‘Counter-translation’ of Outreach Activities at the Extraordinary Chambers in the Courts of Cambodia." Journal of Current Southeast Asian Affairs 41, no. 1 (November 26, 2021): 106–34. http://dx.doi.org/10.1177/18681034211058741.

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This article examines the outreach activities of the ongoing trials in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC was designed to hold the leaders of Cambodia's notoriously violent Khmer Rouge regime (1975–1979) accountable. Outreach programmes have now become part of transitional justice initiatives as means to anchor their work in local and national consciousness in target countries. Using ethnographic data gathered in 2019–2020, this article explores how outreach activities have changed over time as they have become subject to new influences. I focus in particular on how some local actors have begun appropriating them in ways that represent a ‘counter-translation’ of the intentions originally propagated by the architects of the ECCC.

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Hughes, Rachel. "Victims’ rights, victim collectives and utopic disruption at the Extraordinary Chambers in the Courts of Cambodia." Australian Journal of Human Rights 22, no. 2 (November 2016): 143–66. http://dx.doi.org/10.1080/1323238x.2016.11910946.

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40

Stover, Eric, Mychelle Balthazard, and K. Alexa Koenig. "ConfrontingDuch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia." International Review of the Red Cross 93, no. 882 (June 2011): 503–46. http://dx.doi.org/10.1017/s1816383111000439.

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AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) is unique because it is the first international criminal tribunal to allow victims of alleged crimes to act as civil parties at trial. This means that victims can have a role at the ECCC beyond being called as witnesses. After presenting the history of victim participation in national and international war crimes trials, this article examines how civil party participation shaped the trial proceedings at the ECCC, and how the civil parties viewed their interactions with the court. It concludes by reflecting on the positive and negative aspects of civil party participation in theDuchtrial, and what implications such participation may have for future trials at the ECCC and other international criminal courts.

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41

Pham, P. N., P. Vinck, M. Balthazard, J. Strasser, and C. Om. "Victim Participation and the Trial of Duch at the Extraordinary Chambers in the Courts of Cambodia." Journal of Human Rights Practice 3, no. 3 (November 1, 2011): 264–87. http://dx.doi.org/10.1093/jhuman/hur022.

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42

Killean, R. "An Incomplete Narrative: Prosecuting Sexual Violence Crimes at the Extraordinary Chambers in the Courts of Cambodia." Journal of International Criminal Justice 13, no. 2 (May 1, 2015): 331–52. http://dx.doi.org/10.1093/jicj/mqv016.

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43

Williams, Sarah. "John D. Ciorciari and Anne Heindel,Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia." Journal of International Criminal Justice 13, no. 3 (June 18, 2015): 660–63. http://dx.doi.org/10.1093/jicj/mqv028.

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44

Jørgensen, Nina H. B. "THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA AND THE PROGRESS OF THE ‘KHMER ROUGE TRIALS’." Yearbook of International Humanitarian Law 11 (December 2008): 373–89. http://dx.doi.org/10.1017/s1389135908003735.

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AbstractThe world has witnessed many atrocities since the followers of the Communist Party of Kampuchea, better known as the Khmer Rouge, marched into Phnom Penh on 17 April 1975 and unleashed a regime of terror of more than three and a half years on the Cambodian people in which an estimated quarter of the population perished. However, the fate that befell this small South-East Asian nation continues to grip and challenge the imagination. Perhaps it is the notion of the State turning on its own people on such an unprecedented scale that is so difficult to fathom. Perhaps it is the tranquil, smiling populace, forging a space in the modern era against the proud backdrop of the ancient Angkorian temples that makes such a dark recent history so improbable. Or perhaps it is the scales of justice, finally weighing in, more than thirty years after the crimes in defiance of donor countries' ‘tribunal fatigue’, that have refocused the world's attention.The Khmer Rouge takeover had been preceded by a struggle for power which saw Prince Norodom Sihanouk, who had abdicated and governed Cambodia since independence in 1953, overthrown by Prime Minister Lon Nol and Prince Sisowath Sirik Matak on 17 March 1970. The new government was allied to the United States in the Vietnam War, fuelling Khmer Rouge resentment as well as that of Sihanouk who aligned himself with the communists. The Khmer Rouge gradually consolidated its power and control of territory, and when the time was seen to be ripe to institute the planned nationwide ‘agrarian dictatorship’, it easily overpowered the weak and corrupt Lon Nol government.

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Høgestøl, Sofie A. E. "The Habré Judgment at the Extraordinary African Chambers: A Singular Victory in the Fight Against Impunity." Nordic Journal of Human Rights 34, no. 3 (July 2, 2016): 147–56. http://dx.doi.org/10.1080/18918131.2016.1233374.

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Elander, M. "The Victim's Address: Expressivism and the Victim at the Extraordinary Chambers in the Courts of Cambodia." International Journal of Transitional Justice 7, no. 1 (November 26, 2012): 95–115. http://dx.doi.org/10.1093/ijtj/ijs028.

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Sluiter, Göran, and Marc Tiernan. "The Right to an Effective Defence During ECCC Investigations." Journal of International Criminal Justice 18, no. 3 (July 1, 2020): 641–64. http://dx.doi.org/10.1093/jicj/mqaa030.

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Abstract The present article seeks to explore and discuss to what extent the position of the defence in the course of investigations before the Extraordinary Chambers in the Courts of Cambodia (ECCC) is in conformity with fair trial norms and sufficiently robust to ensure high-quality fact-finding. After recalling the general features and structure of the ECCC proceedings at the pre-trial stage, the authors critically assess how the inquisitorial imprint given to the ECCC investigation phase has ultimately affected the rights of the suspects and accused to an effective defence.

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Turns, David, Carnero Rojo, Julieta Solano McCausland, and Aleks Bojovic. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 12 (December 2009): 233–62. http://dx.doi.org/10.1017/s1389135909000087.

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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.

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Yesberg, Kate. "Accessing Justice Through Victim Participation at the Khmer Rouge Tribunal." Victoria University of Wellington Law Review 40, no. 2 (October 5, 2009): 419. http://dx.doi.org/10.26686/vuwlr.v40i2.5261.

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This article explores the role of victims in the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the forum tasked with bringing leaders of the Khmer Rouge regime to justice. Victims have been afforded broad participatory rights at the ECCC, including the opportunity to be joined as third parties to the trial. These innovations must be applauded. However, the role victims can play in the wider process of national reconciliation remains under-utilised. This article suggests that victim participation can be used to increase public accessibility to the trial to ensure proceedings occupy a more positive, and prominent space in Cambodia's healing process.

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Quigley, John. "Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia by John D. Ciorciari & Anne Heindel." Human Rights Quarterly 36, no. 4 (2014): 937–47. http://dx.doi.org/10.1353/hrq.2014.0061.

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Journal articles on the topic 'Extraordinary Chambers'

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