Land Grabbing in Cambodia As a Crime Against Humanity – Approaches in International Criminal Law

Verfassung und Recht in Übersee, Law and politics in Africa / Asia / Latin America, 48 (2015), 469 - 491

23 Pages Posted: 29 Sep 2016

See all articles by Franziska Oehm

Franziska Oehm

University of Erlangen-Nuremberg, Law School; Friedrich-Alexander-Universität Erlangen-Nürnberg

Date Written: 2015

Abstract

In October 2014, a communication was filed to the International Criminal Court (ICC) in The Hague according to Art. 15 Rome Statute. Therein, senior officials of the Kingdom of Cambodia are accused of systematic land grabs that could constitute human rights abuses and because of gravity and extent could have amounted to crimes against humanity, Art. 7 Rome Statute.

Due to the fact that land grabbing continues to be an issue of concern both from a legal and from a global development perspective, the communication filed to the ICC raises the general question about proper legal mechanisms for regulation of awards and lack of respect for land rights. This article appraises the specific case of Cambodia with domestic elites as possible immediate land grabbers, including the definition and history of land grabbing and of Cambodia as such, as well as national and international law regulating investment in farmland. Furthermore it focuses on the communication filed to the ICC by examining requests from Art. 7 Rome Statute. The article considers the scope and factual requirements of crimes against humanity in the specific case of land grabbing. It additionally questions international criminal law as a proper protection mechanism in cases where domestic legal proceedings are unable or unwilling to prosecute alleged perpetrators. The article intends to detect a link between international investment and international crimes and recommends further discussion on land grabbing and possible deterrent effects arising from international criminal investigations.

Keywords: International Criminal Law, Crimes against Humanity, Land grabbing, International Criminal Court

Suggested Citation

Oehm, Franziska, Land Grabbing in Cambodia As a Crime Against Humanity – Approaches in International Criminal Law (2015). Verfassung und Recht in Übersee, Law and politics in Africa / Asia / Latin America, 48 (2015), 469 - 491 . Available at SSRN: https://ssrn.com/abstract=2841165

Franziska Oehm (Contact Author)

University of Erlangen-Nuremberg, Law School ( email )

Schillerstr. 1
Erlangen, Bavaria 91054
Germany

Friedrich-Alexander-Universität Erlangen-Nürnberg ( email )

Erlangen-Nürnberg
Lange Gasse 20,
Nurnberg
Germany

Register to save articles to
your library

Register

Paper statistics

Downloads
214
Abstract Views
672
rank
143,591
PlumX Metrics