Victim Participation and Minorities in Internationalised Criminal Trial: Ethnic Vietnamese Civil Parties at the Extraordinary Chambers in the Courts of Cambodia

Macquarie Law Journal, Vol. 14, 2014

RegNet Research Paper No. 2015/68

35 Pages Posted: 28 Feb 2015

See all articles by Lyma Nguyen

Lyma Nguyen

William Forster Chambers

Christoph Sperfeldt

Peter McMullin Centre on Statelessness, Melbourne Law School

Date Written: 2014

Abstract

In 2010, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) charged four senior leaders of the former Khmer Rouge regime with genocide against two minority groups, the Cham and the ethnic Vietnamese. This article examines the role of minority victims in a genocide trial, using the specific case study of a group of ethnic Vietnamese survivors who joined as civil parties before the hybrid criminal proceedings at the ECCC. The article highlights the challenges that arise in the process of including minority narratives within the broader context of a mass atrocity trial, by describing the participation process civil parties have undertaken to date. Importantly, the case of the ethnic Vietnamese survivors shows how victim participation in a criminal trial can shed light on larger, contemporary human rights issues affecting a minority group. In the present case, a number of ethnic Vietnamese civil parties have sought access to, or recognition of, Cambodian nationality, through a request for ‘collective and moral reparations’ under the ECCC’s Internal Rules.​

Keywords: ECCC, Khmer Rouge Tribunal, international criminal law, minorities, hybrid tribunals, victim participation, genocide

JEL Classification: K33

Suggested Citation

Nguyen, Lyma and Sperfeldt, Christoph, Victim Participation and Minorities in Internationalised Criminal Trial: Ethnic Vietnamese Civil Parties at the Extraordinary Chambers in the Courts of Cambodia (2014). Macquarie Law Journal, Vol. 14, 2014, RegNet Research Paper No. 2015/68, Available at SSRN: https://ssrn.com/abstract=2570709

Lyma Nguyen

William Forster Chambers ( email )

26 Harry Chan Ave
Darwin, NT 0800
Australia

Christoph Sperfeldt (Contact Author)

Peter McMullin Centre on Statelessness, Melbourne Law School ( email )

Melbourne, Victoria 3010
Australia

HOME PAGE: http://https://law.unimelb.edu.au/about/staff/christoph-sperfeldt

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