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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.
Trials (Crimes against humanity) --- Crimes against humanity --- War crime trials --- Extraordinary Chambers in the Courts of Cambodia. --- Chambres Extraordinaires aux sein des Tribunaux Cambodgiens --- ECCC (Extraordinary Chambers in the Courts of Cambodia) --- CETC --- Extraordinary Chambers in Kambodscha --- Qang Jaṃnuṃ Jaṃraḥ Visāmaññ knuṅ Tulākār Kambujā --- Khmer Rouge Tribunal
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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.
Law. --- International criminal law. --- International Criminal Law. --- Trials (Crimes against humanity) --- Criminal courts --- History. --- Extraordinary Chambers in the Courts of Cambodia. --- Courts, Criminal --- Criminal law, International --- ICL (International criminal law) --- Chambres Extraordinaires aux sein des Tribunaux Cambodgiens --- ECCC (Extraordinary Chambers in the Courts of Cambodia) --- CETC --- Extraordinary Chambers in Kambodscha --- Qang Jaṃnuṃ Jaṃraḥ Visāmaññ knuṅ Tulākār Kambujā --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Correctional institutions --- Courts --- Criminal justice, Administration of --- Criminal procedure --- Crimes against humanity --- War crime trials --- Khmer Rouge Tribunal --- International Criminal Law .
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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 internationalised criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC forms part of the panoply of international criminal courts of the post-Cold War era. The book engages with the dissonance between the expressivism of idealised 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. The book provides a timely and nuanced analysis of the ECCC's politically contentious and frequently criticised proceedings by examination of the trial dialogue in the Court's first two cases. 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 The Court's capacity for representative and discursive proceedings is attributed to the substantive inclusion of the voice of the victim in proceedings, a modified inquisitorial procedure, narrative testimony and role-sharing between national and international court actors.
International criminal courts --- International crimes --- Transitional justice --- International criminal courts. --- Criminal procedure (International law) --- Transitional justice. --- Extraordinary Chambers in the Courts of Cambodia. --- Cambodia --- History --- Atrocities. --- Crimes, International --- International crime --- International offenses --- Crime --- Criminal courts --- International courts --- Complementarity (International law) --- Justice --- Human rights --- International criminal procedure --- International criminal law --- Chambres Extraordinaires aux sein des Tribunaux Cambodgiens --- ECCC (Extraordinary Chambers in the Courts of Cambodia) --- CETC --- Extraordinary Chambers in Kambodscha --- Qang Jaṃnuṃ Jaṃraḥ Visāmaññ knuṅ Tulākār Kambujā --- Cambodge --- Khmer Republic --- Cam Bot --- Cambotja --- République khmère --- Kambodscha --- Kamboja --- Kambodža --- Tchin-la --- Chien-pʻu-chai --- Democratic Kampuchea --- Kambujā --- Democratic Cambodia --- Camboja --- Preah Reach Ana Chak Kampuchea --- Kâmpŭchéa Prâchéathĭpâteyy --- Kampuchea démocratique --- République du Cambodge --- Campuchia --- Kampuchea (Coalition Government, 1983- ) --- Kampuchea --- Kampuchii︠a︡ --- Kamphūchā --- Kingdom of Cambodia --- Preăhréachéanachâkr Kâmpŭchéa --- Cambogia --- Roat Kampuchea --- State of Cambodia --- Cambodja --- Royal Government of Cambodia --- French Indochina --- Khmer Rouge Tribunal --- Braḥrājāṇacakr Kambujā --- Rājraṭṭhabhipāl Kambujā --- 1975-1979
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