Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia

International Criminal Law Review 16 (2016) 1-38

Queen's University Belfast Law Research Paper No. 2019 16

37 Pages Posted: 21 Jun 2018 Last revised: 2 Apr 2019

See all articles by Rachel Killean

Rachel Killean

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

Date Written: February 1, 2016

Abstract

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This paper critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.

Keywords: Victims, Procedural Justice, Substantive Justice, Cambodia, International Criminal Law

Suggested Citation

Killean, Rachel, Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia (February 1, 2016). International Criminal Law Review 16 (2016) 1-38, Queen's University Belfast Law Research Paper No. 2019 16, Available at SSRN: https://ssrn.com/abstract=3200494

Rachel Killean (Contact Author)

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

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