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"Extraordinary Chambers in the Courts of Cambodia"
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Figuring Victims in International Criminal Justice
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.
eBook
Anthropological Witness
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.
eBook
The Khmer Rouge Tribunal
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, Julie Bernath takes a different tack, deliberately decentering the trials in an effort to understand the ECCC in its particular context-and, by extension, 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.
eBook
What's in a name?: 'Reparations' at the extraordinary chambers in the courts of Cambodia
This article is an analysis of the reparation mandate at the Extraordinary Chambers in the Courts of Cambodia ('ECCC'), a hybrid court established to prosecute crimes perpetrated by the Khmer Rouge regime in 1975-79. Using Peter Dixon's framework of responsibility, recognition, process, form and impact, this article considers the Court's language and practice of 'reparations' in light of current conceptual framings of reparations in the context of transitional justice. In addition to highlighting the gap that can exist between the supposed symbolic value of reparations and victims' experiences of reparation awards in practice, this article suggests that the ECCC's experience of attempting to deliver reparations is illustrative of the broader conceptual incoherence of reparations within transitional justice and the challenges that can face international criminal bodies tasked with delivering reparations. Given these challenges, we suggest that a more modest and complementary approach to the delivery of reparations is required.
Journal Article
What's in a name?: 'Reparations' at the extraordinary chambers in the courts of Cambodia
This article is an analysis of the reparation mandate at the Extraordinary Chambers in the Courts of Cambodia ('ECCC'), a hybrid court established to prosecute crimes perpetrated by the Khmer Rouge regime in 1975-79. Using Peter Dixon's framework of responsibility, recognition, process, form and impact, this article considers the Court's language and practice of 'reparations' in light of current conceptual framings of reparations in the context of transitional justice. In addition to highlighting the gap that can exist between the supposed symbolic value of reparations and victims' experiences of reparation awards in practice, this article suggests that the ECCC's experience of attempting to deliver reparations is illustrative of the broader conceptual incoherence of reparations within transitional justice and the challenges that can face international criminal bodies tasked with delivering reparations. Given these challenges, we suggest that a more modest and complementary approach to the delivery of reparations is required.
Journal Article
What's in a name?: 'Reparations' at the extraordinary chambers in the courts of Cambodia
This article is an analysis of the reparation mandate at the Extraordinary Chambers in the Courts of Cambodia ('ECCC'), a hybrid court established to prosecute crimes perpetrated by the Khmer Rouge regime in 1975-79. Using Peter Dixon's framework of responsibility, recognition, process, form and impact, this article considers the Court's language and practice of 'reparations' in light of current conceptual framings of reparations in the context of transitional justice. In addition to highlighting the gap that can exist between the supposed symbolic value of reparations and victims' experiences of reparation awards in practice, this article suggests that the ECCC's experience of attempting to deliver reparations is illustrative of the broader conceptual incoherence of reparations within transitional justice and the challenges that can face international criminal bodies tasked with delivering reparations. Given these challenges, we suggest that a more modest and complementary approach to the delivery of reparations is required.
Journal Article
The State of the International Criminal Court, of Special Tribunals and of International Criminal Law: A Concise Review
International criminal law has changed rather dramatically in the last three decades. Whereas in the early 1990s the field was an almost exotic specialization of penal law, it has now developed into a thriving part of the law. Nowadays, most law schools have specialists in international criminal law which has usually developed into an important field of research. An important factor in this development has been the performance of three Special Criminal Tribunals established by the United Nations Security Council. In this article their institutional record as well as their importance for the development of international criminal law will be reviewed. In both senses, on the basis of a necessarily concise review, it is submitted that the performance of the tribunals must be considered a success. The International Criminal Court (ICC) is already twenty years in existence. Its performance cannot be judged equally successfully, however. In particular as an institution it cannot point to records comparable to those of the Special Criminal Tribunals. Still, although it is undoubtedly fragile, the ICC has become a relevant feature of modern international law and in international relations (as a brief examination of its potential role regarding the Special Military Operation in Ukraine shows). Notwithstanding its institutional weaknesses, the importance of the ICC manifests itself in its Statute which can be seen as a codification of international criminal law. The strong increase in the domestic administration of international crimes as a consequence of the principle of the complementarity of the Statute is taken into consideration.
Journal Article