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Victim Participation at the Extraordinary Chambers in the Courts of Cambodia: Challenges to the Civil Party Framework and Lessons for the Future

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posted on 15.11.2021, 01:48 by Neale, Laura

This paper examines the victim participation framework at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), established to deal with crimes during the Khmer Rouge regime. The background which has led to the creation of the ECCC will be explained, before the paper will look at the way the Court is structured to include civil parties. The Court has consistently limited the civil parties’ role since its establishment and these limitations and the justifications are outlined in the paper. Solutions in the context of the ECCC are then considered, although due to the political environment, no changes in favour of victim rights are likely. Future models are considered, with the benefits of a Truth and Conciliation Commission’s analysed by looking at Sierra Leone and East Timor, as examples of successful frameworks where both a Court and a Truth and Reconciliation Commission proceeded simultaneously. This paper concludes that although every situation requiring a judicial response will be different, the option of having both a Court and a Truth and Reconciliation Commission can fulfil multiple victim needs.

History

Copyright Date

01/01/2014

Date of Award

01/01/2014

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Costi, Alberto