Abstract

http://ssrn.com/abstract=2269925
 


 



Experiments in International Criminal Justice: Lessons from the Khmer Rouge Tribunal


John D. Ciorciari


University of Michigan - Gerald R. Ford School of Public Policy

Anne Heindel


Documentation Center of Cambodia

March 19, 2014

Michigan Journal of International Law, 2013, Forthcoming

Abstract:     
A number of important legal and institutional experiments have been undertaken at the Extraordinary Chambers in the Courts of Cambodia (ECCC), a UN-backed tribunal established to try some of the most egregious crimes of the Pol Pot era. The ECCC is the first UN-supported hybrid criminal tribunal to mandate a majority of national judges and to divide key legal and administrative offices and funding mechanisms into distinct national and international sides. It also draws more heavily than any prior internationalized mass crimes process from the civil law tradition, including expansive roles for investigating judges and an ambitious mechanism permitting certain survivors to join the proceedings as civil parties. These experimental features — most of which were accepted reluctantly by the United Nations during difficult negotiations with the Cambodian government — have sometimes compromised the ECCC’s capacity to conduct fair, expeditious proceedings and carry out its administrative functions efficiently and transparently. This article traces some of the effects of the ECCC’s unique institutional features on various aspects of its performance and draws lessons that can help inform the design and management of mass crimes proceedings going forward.

Number of Pages in PDF File: 76

Keywords: International criminal law, transitional justice, human rights, Cambodia, United Nations

Accepted Paper Series


Download This Paper

Date posted: May 26, 2013 ; Last revised: March 21, 2014

Suggested Citation

Ciorciari, John D. and Heindel, Anne, Experiments in International Criminal Justice: Lessons from the Khmer Rouge Tribunal (March 19, 2014). Michigan Journal of International Law, 2013, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2269925

Contact Information

John David Ciorciari (Contact Author)
University of Michigan - Gerald R. Ford School of Public Policy ( email )
701 Tappan St. Rm E2600
Ann Arbor, MI 48109
United States
Anne Heindel
Documentation Center of Cambodia ( email )
66 Preah Sihanouk Boulevard
Phnom Penh
Cambodia
Feedback to SSRN


Paper statistics
Abstract Views: 888
Downloads: 310
Download Rank: 54,225

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.484 seconds