What’s in a Name? ‘Reparations’ at the Extraordinary Chambers in the Courts of Cambodia

33 Pages Posted: 16 Jun 2020 Last revised: 4 May 2022

See all articles by Rachel Killean

Rachel Killean

The University of Sydney - Faculty of Law; Queen's University Belfast School of Law

Luke Moffett

Queen's University Belfast - School of Law

Date Written: May 17, 2020

Abstract

This article is an analysis of the reparations mandate at the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid court established to prosecute crimes perpetrated by the Khmer Rouge regime in 1975-1979. Using Peter Dixon’s framework of responsibility, recognition, process, form and impact, the article considers the Court’s language and practice of ‘reparations’ in light of current conceptual framings of reparations in the context of transitional justice. In addition to highlighting the gap that can exist between the supposed symbolic value of reparations and victims’ experiences of reparation awards in practice, the article suggests that the ECCC’s experience of attempting to deliver reparations are illustrative of the broader conceptual incoherence of reparations within transitional justice and the challenges which can face international criminal bodies tasked with delivering reparations. Given these challenges, we suggest that a more modest and complementary approach to the delivery of reparations is required.

Suggested Citation

Killean, Rachel and Moffett, Luke, What’s in a Name? ‘Reparations’ at the Extraordinary Chambers in the Courts of Cambodia (May 17, 2020). Melbourne Journal of International Law, 2020, Queen's University Belfast Law Research Paper No. 2022-10, Available at SSRN: https://ssrn.com/abstract=3603179

Rachel Killean

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Queen's University Belfast School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland

Luke Moffett (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Main Site Town, University Square
Belfast, BT 7 1NN
United Kingdom

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