...Christoph Sperfeldt; Rachel Hughes After this difficult and controversial experience, ECCC judges significantly amended their legal framework to provide alternative avenues for reparations through and beyond the judicial process. The main goal of the judges was to establish a mechanism that would...

... Chambers in the Courts of Cambodia (ECCC), this article asks how transitional justice (TJ) processes account for the complexity of victimhood in political violence and mass atrocity. It speaks to the critical scholarship which questions the use of simplistic dichotomies of (innocent) victims versus (guilty...

... during the KR years. Human rights organizations do not see prosecutions in Cases 003 and 004 as a problem for reconciliation, viewing the completion of cases beyond 002 as the barometer of the independence of the ECCC, and therefore its legacy as an effective judicial mechanism. ¹¹...

... (UNTAC) took and relinquished control and the Extraordinary Chambers in the Courts of Cambodia (ECCC) were founded. But precisely how and when did they operate, and what opportunities were missed as they interoperated? It is precisely because ICL, jus post bellum and TJ are often, but not always...

... the collectivity is reconstituted and order is returned. ³⁰ * PhD Candidate, Melbourne Law School, University of Melbourne, Melbourne, Australia. Email: [email protected] Cambodia ECCC trials expressivism victims No ‘we’ should be taken for granted when the subject is looking at other...

...); Residual Mechanism for the Special Court for Sierra Leone (RSCSL); Extraordinary Chambers in the Courts of Cambodia (ECCC); Kosovo Specialist Chambers (KSC); and the Special Criminal Court in the Central African Republic. Several of these hybrid tribunals entered a residual phase during the period under...

... and the UN on the prosecution of crimes committed during the period of Democratic Kampuchea paved the way for the commencement of the ECCC’s first trials, ¹⁸ a domestic law first promulgated in 2001 established the Chambers themselves. ¹⁹ Domestic law also established the War Crimes...

...Table 19.1 Judges’ profiles Hybrid criminal courts STL ECCC Some analytical categories I. Judicial legal culture/legal profile before appointment at STL or ECCC Common law/adversarial 0 (0%) 2 (6.9%) Civil law/inquisitorial 4 (28.6...

... of the problems the court faced. Cambodia “Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution Under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea ” Chea Nuon Democratic Kampuchea Extraordinary Chambers in the Courts of Cambodia ECCC Khmer...

... the original dissent which created the earlier hybrid tribunals, namely the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC), is distinct from the more recent dissent and discusses the reasons for this distinction. Through this, the notion of dissent is tied...

... such as the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC). Against the backdrop of these two opposite models, and by looking at case studies from several tribunals, this chapter examines the rationales for including and for excluding national judges and staff...

... hybrids, the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC) have played a key role in setting precedent. Specifically, both tribunals have broken new ground in recognizing ‘forced marriage’ as a crime against humanity: a precedent which has now been...

...This Preamble to Part II describes the reenactment at Tuol Sleng prison by Duch and participants as a part of the ECCC’s evidence gathering, and peace and reconciliation process. It introduces chapters on the lived experience of Cambodians who participated in ECCC. Choueng Ek “killing field” Duch...

... (ECCC) Trial Chamber Duch Neth Phally “My Brother, whose spirit remains even if you died at S-21, please brother, know that this trial is being done for you.” ¹ As he called out these words from the witness stand, civil party Neth Phally held up a black and white photograph of his elder...

...), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the International Criminal Court (ICC)) with regards to forced marriage. It demonstrates that ICL is a long way from acknowledging the highly gendered nature of this special crime and from providing adequate justice to victims of forced marriage...

.../9780197513552.001.0001 This chapter embarks on a socio-legal analysis of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to capture the general characteristics of the ECCC as a hybrid court and, moreover, to home in on some of the important measures and mechanisms that its mandate provide for. The first part...

... This chapter examines how victim representation worked at the Extraordinary African Chambers (EAC) and how it differed from other international tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC and the EAC are the only ad hoc tribunals that have allowed victims...

... of the International Criminal Court (ICC) enables Chambers to order reparations to assist victims of crimes, while the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Extraordinary African Chambers (EAC) may, and have, issued orders for reparations for victims of crimes. It has become common practice...

... Security Council UNSC composition international community humanity Sentencing Bosnia and Herzegovina BiH Democratic Kampuchea Extraordinary Chambers in the Courts of Cambodia ECCC Human Rights Chamber for Bosnia and Herzegovina HRBH Khmer Rouge Ranariddh Prince Norodom Sen Hun Prime Minister...

...) statutes and fully managed them. To a lesser extent, the same could be said of Timor Leste’s Special Panel for Serious Crimes. Regarding the creation of hybrid criminal courts, that is, the Extraordinary Chambers in the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL), and Special Tribunal...