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The Extraordinary Chambers in the Cambodian Courts: successes, challenges and limitations

Textual materials

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Disciplines
KeywordsTriple Keywords
Arts and science
Science and the arts
Criminology
Crime--Study and teaching
Judiciary
Courts
Courts--Law and legislation
Science, Political
Government
Politics
Political science
Political theory
Administration
Commonwealth, The
Civil government
Political thought
Justice
Injustice
Subject (Philosophy)
Acts, Legislative
Legislative enactments
Laws (Statutes)
Enactments, Legislative
Legislative acts
Law
Truth
Conviction
Schooling
Instruction
Education of children
Human resource development
Children--Education
Students--Education
Youth--Education
Education
Pedagogy
Education, Primitive
Retention (Psychology)
Memory
Fine arts
Arts, Fine
Arts, Occidental
Arts
Arts, Western
Class conflict
Class struggle
Social tensions
Social conflict
Conflict, Social

Abstract

Managed work presented to the Faculty of Arts and Science for the graduation of leadership in Criminology The Extraordinary Chambers in Cambodian Courts (ECTC) were implemented in 2005, about 30 years after the end of the Khmer Rouge regime. This hybrid court was the result of long negotiations between the Cambodian Government and the UN. Hybrid courts have recently gained importance as one of the most important political developments in transitional justice. However, the impact of these courts on societies that have suffered mass violence is not entirely clear and few current texts have been published on the subject. Therefore, our case study aims to increase knowledge about the functioning of the ECTC, the challenges the court has faced, its benefits, and its limitations. To this end, semi-directed interviews with ECTC and DC- Cam stakeholders were carried out. By exploring the participants’ perception of the achievement of the objectives of the court, it was possible to analyse the scope of the role of the court. This study has focused on the difficulties related to political interference, which appears to be one of the causes of judicial blockages in cases 003 and 004. It also emerged from the discussions that the balance between peace and justice is an important issue. Judging more former Khmer Red soldiers could lead to new social conflicts. Furthermore, failure to complete cases 003 and 004 could, according to some of our interviewees, damage the legacy of the court in strengthening the rule of law. Moreover, the objective of national reconciliation, which requires truth and remembrance, is an important limitation of the ECTC. Fortunately, transitional justice mechanisms such as the education and memory projects carried out by DC-Cam are bridging this limit. Finally, this study shows that the influence of the court on national courts in strengthening fair justice is hampered by the government’s lack of interest in bringing about real judicial reform.

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