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The Contribution Of The Extraordinary Chambers In The Courts Of Cambodia To The Establishment Of A Hybrid Tribunal Model
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Book Synopsis The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model by : Ricarda Popa
Download or read book The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model written by Ricarda Popa and published by GRIN Verlag. This book was released on 2010-01-25 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2009 in the subject Politics - Topic: Public International Law and Human Rights, grade: 1, University of Marburg (Faculty of Social Science and Philosophy), course: Transitional Justice - Research Seminar, language: English, abstract: This research paper exemplifies the contribution of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to the establishment of a hybrid tribunal model as an instrument for prosecuting serious criminal offenses committed systematically during conflicts. The research sphere is demarcated by the world’s 3rd hybrid tribunal novelty, and its participation in the advancement of a hybrid tribunal model, as internationalized judicial instrument of correction of those atrocities against humanity that where committed methodically with political purposes in times of authoritarian regimes or armed conflicts of different origin. The interest arises from the awareness that by entering into force of the International Criminal Court in The Hague/ICC in 2002, a shift of significance has taken place from the international level back to the domestic one, in dealing with serious crimes. In the context of radical changes, the ECCC comes to strengthen the hybrid tribunal instrument as a judicial organization form with multidimensional benefits, and to offer it sustainability to the advantage of other post-conflict societies.
Book Synopsis The Extraordinary Chambers in the Courts of Cambodia by : Simon M. Meisenberg
Download or read book The Extraordinary Chambers in the Courts of Cambodia written by Simon M. Meisenberg and published by Springer. This book was released on 2016-03-30 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Hybrid Justice by : John D. Ciorciari
Download or read book Hybrid Justice written by John D. Ciorciari and published by University of Michigan Press. This book was released on 2014-02-20 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive scholarly treatment of the ECCC from legal and political perspectives
Book Synopsis Hybrid Justice by : John D. Ciorciari
Download or read book Hybrid Justice written by John D. Ciorciari and published by University of Michigan Press. This book was released on 2020-01-14 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.
Book Synopsis The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model by : Ricarda Popa
Download or read book The Contribution of the Extraordinary Chambers in the Courts of Cambodia to the Establishment of a Hybrid Tribunal Model written by Ricarda Popa and published by GRIN Verlag. This book was released on 2009 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2009 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 1, University of Marburg (Faculty of Social Science and Philosophy), course: Transitional Justice - Research Seminar, language: English, abstract: This research paper exemplifies the contribution of the Extraordinary Chambers in the Courts of Cambodia (ECCC) to the establishment of a hybrid tribunal model as an instrument for prosecuting serious criminal offenses committed systematically during conflicts. The research sphere is demarcated by the world's 3rd hybrid tribunal novelty, and its participation in the advancement of a hybrid tribunal model, as internationalized judicial instrument of correction of those atrocities against humanity that where committed methodically with political purposes in times of authoritarian regimes or armed conflicts of different origin. The interest arises from the awareness that by entering into force of the International Criminal Court in The Hague/ICC in 2002, a shift of significance has taken place from the international level back to the domestic one, in dealing with serious crimes. In the context of radical changes, the ECCC comes to strengthen the hybrid tribunal instrument as a judicial organization form with multidimensional benefits, and to offer it sustainability to the advantage of other post-conflict societies.
Book Synopsis Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia by : Rebecca Gidley
Download or read book Illiberal Transitional Justice and the Extraordinary Chambers in the Courts of Cambodia written by Rebecca Gidley and published by Springer. This book was released on 2019-02-19 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the creation and operation of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which is a hybrid domestic/international tribunal tasked with putting senior leaders of the Khmer Rouge on trial. It argues that the ECCC should be considered an example of illiberal transitional justice, where the language of procedure is strongly adhered to but political considerations often rule in reality. The Cambodian government spent nearly two decades addressing the Khmer Rouge past, and shaping its preferred narrative, before the involvement of the United Nations. It was a further six years of negotiations between the Cambodian government and the United Nations that determined the unique hybrid structure of the ECCC. Over more than a decade in operation, and with three people convicted, the ECCC has not contributed to the positive goals expected of transitional justice mechanisms. Through the Cambodian example, this book challenges existing assumptions and analyses of transitional justice to create a more nuanced understanding of how and why transitional justice mechanisms are employed.
Book Synopsis Reconciliation v. Accountability by : Susan R. Lamb
Download or read book Reconciliation v. Accountability written by Susan R. Lamb and published by Torkel Opsahl Academic EPublisher. This book was released on 2015-05-29 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Extraordinary Chambers in the Courts of Cambodia (ECCC) by : Thomas Park
Download or read book The Extraordinary Chambers in the Courts of Cambodia (ECCC) written by Thomas Park and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia by : Nina H.B. Jørgensen
Download or read book The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia written by Nina H.B. Jørgensen and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion is a one-stop reference resource on the Phnom Penh based ‘Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Court’s practical and jurisprudential challenges and outcomes. Written by Nina Jørgensen, who has worked as senior adviser in the tribunal’s Pre-Trial and Supreme Court Chambers, the Companion offers both direct insights and academic analysis organized around six themes: legality, structure, proceedings, jurisprudence, legitimacy and legacy. This comprehensive Companion will provide a platform for interested sectors of domestic and international society, to assess the value of the Extraordinary Chambers, both during the tribunal’s lifespan and after it has closed its doors.
Book Synopsis Cambodia Tribunal by : Ellen van Heugten
Download or read book Cambodia Tribunal written by Ellen van Heugten and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea (hereafter 'ECCC' or 'Extraordinary Chambers') are one of the six hybrid criminal tribunals that have been created by the international community and have become operational. The ECCC was founded in 2006 and located in Phnom Penh, Cambodia. In the regular Cambodian courts, there was little tendency toward the prosecution of former Khmer Rouge leadership, one of the reasons why the ECCC was established in the existing court structure of Cambodia. The Cambodian criminal procedure was chosen to lead the trials, with the international standards to be used to fill in any blanks or to clarify uncertainties in the national law. The official language of the ECCC was Khmer, but the working language was Khmer, English, and French. This book contains the basic regulations that are applicable to the function and establishment of the Court.
Book Synopsis The Special Tribunal for Lebanon by : Amal Alamuddin
Download or read book The Special Tribunal for Lebanon written by Amal Alamuddin and published by Oxford University Press, USA. This book was released on 2014-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Special Tribunal of the Lebanon is the first international Tribunal established to try the perpetrators of a terrorist act: the murder of the Lebanese Prime Minister in 2005. This book, written by practitioners with experience of the court and experts in international criminal law, provides a detailed assessment of its unique law and practice.
Book Synopsis Reparations for Victims of Genocide, War Crimes and Crimes against Humanity by : Carla Ferstman
Download or read book Reparations for Victims of Genocide, War Crimes and Crimes against Humanity written by Carla Ferstman and published by BRILL. This book was released on 2020-02-17 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines. Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Book Synopsis Justice in Conflict by : Mark Kersten
Download or read book Justice in Conflict written by Mark Kersten and published by Oxford University Press. This book was released on 2016-08-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Book Synopsis Bridging Divides in Transitional Justice by : Cheryl S. White
Download or read book Bridging Divides in Transitional Justice written by Cheryl S. White and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 internationalized criminal court, the Extraordinary Chambers in the Courts of Cambodia (ECCC). This book engages with the dissonance between the expressivism of idealized 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. 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. This title is a revised & edited dissertation. (Series: Series on Transitional Justice, Vol. 23) Subject: Cambodian Law, Criminal Law, International Law]
Book Synopsis Transitional Justice and Memory in Cambodia by : Peter Manning
Download or read book Transitional Justice and Memory in Cambodia written by Peter Manning and published by Taylor & Francis. This book was released on 2017-06-26 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Memories of violence, suffering and atrocities in Cambodia are today being pulled in different directions. A range of transitional justice practices have been put to work in the name of redressing, restoring and renewing memory. At the centre of this stage is the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid tribunal established to prosecute the leaders of the Khmer Rouge regime, under which 1.6 million Cambodians died of hunger or disease or were executed. This book unpicks the way memory is reconstructed through appeals to a national memory, the legal reframing and coding of memories as crimes, and bids to locate personal memories within collective biographies. Analysing the techniques and interventions of the ECCC, as well as exploring the role of non-governmental organisations (NGOs), the book explores the relationships in which Cambodian communities navigate memories of political violence. This book is essential for understanding transitional justice in Cambodia in, and beyond, the courtroom. Transitional Justice and Memory in Cambodia shows that the governing logic of transitional justice interventions – that societies are unable to 'deal with' memories of atrocity and violence without some form of transitional justice mechanism – neglects the complexity of memory and remembering in post-atrocity contexts and the agency of the subjects to which such mechanisms are addressed. Drawing on documentary sources, legal transcripts, interviews and participant observation data, the book situates transitional justice processes in Cambodia within a wider context of social and cultural memory politics, examining (old and new) conflicts of memory that have emerged between the varied accounts and uses of the past that exist in Cambodia now. As such, it will appeal to students and scholars in sociology, human rights, law and criminology.
Book Synopsis The Extraordinary Chambers in the Courts of Cambodia by : Claudia Tofan
Download or read book The Extraordinary Chambers in the Courts of Cambodia written by Claudia Tofan and published by . This book was released on 2011-05-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, Cambodia established a Khmer Rouge Trial Task Force to create a legal and judicial structure to try the remaining leaders for war crimes and other crimes against humanity. Under the agreement between Cambodia and the UN, the Tribunal was composed of both local and international judges. On July 19, 2007, the prosecutors submitted a list of five charged persons to the Tribunal's co-investigating judges and requested that they be indicted and brought to trial. On February 4, 2008, the Tribunal held its first hearing. The series of volumes in this collection provide for the complete documentation on the work of the court. Basic documents, transcripts, and other relevant documentation of the court are reproduced.
Book Synopsis Extraordinary Justice by : Craig Etcheson
Download or read book Extraordinary Justice written by Craig Etcheson and published by Columbia University Press. This book was released on 2019-11-19 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
