Cover

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Title Page, Copyright Page

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pp. i-iv

Contents

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pp. v-vi

Acronyms

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pp. vii-viii

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Acknowledgments

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pp. ix-xii

Justice is notoriously elusive in the aftermath of mass atrocities. In Cambodia, more than three decades after the demise of the Pol Pot regime, many survivors still seek some form of legal accountability. Almost all seek a better understanding of the tragedy that befell them and the healing that may come from a process...

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Introduction

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pp. 1-13

Every year, the monsoon rains come to Cambodia. The Mekong floods, and the country’s lowland plains become glassy lakes punctuated by palm trees and stilted wooden homes. The tranquil water washes the earth and furnishes new life. When the floods recede, however, the land reveals that it still bears the scars...

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Chapter 1. Forging a Hybrid Court: “A Mountain Never Has Two Tigers”

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pp. 14-40

Transitional justice could have taken many forms in Cambodia. A truth commission, lustration policies, amnesty programs, and domestic or international trials were all considered or attempted in the years following the Khmer Rouge reign of terror, but it was the ECCC that became the centerpiece of accountability...

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Chapter 2. Pairing the Court’s National and International Features

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pp. 41-69

All new mass crimes courts involve considerable establishment challenges, from the mundane to the extraordinary. Funds must be raised, staff must be hired, suitable premises must be equipped, basic administrative procedures and support must be developed. The court’s procedures and the scope of its jurisdiction...

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Chapter 3. Serving Two Masters: Dual Administration, Oversight, and Funding

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pp. 70-103

International and hybrid tribunals need much more than agreed legal provisions and procedural rules to operate effectively. They also require significant funding support and functioning bureaucratic institutions subject to sound oversight. Every public judicial hearing or decision is akin to the tip of an iceberg; beneath...

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Chapter 4. Case 001—Convicting an Infamous Khmer Rouge Torture Chief: “You Cannot Cover an Elephant with a Rice Basket”

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pp. 104-133

The ECCC’s early challenges—including struggles over procedural rules, administrative delays, corruption allegations, and funding shortfalls—tended to confirm fears that the Court’s complex hybrid structure would compromise its operational effectiveness. Given the ongoing political tension between the national...

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Chapter 5. Case 002—The Centerpiece Case against Senior Leaders: “Cutting the Head to Fit the Hat”

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pp. 134-166

Case 002 is likely to feature the Court’s last trial and is viewed by many as its centerpiece. It is considered the most important Khmer Rouge case because it involves the four most senior leaders who were alive when the Court was created: Nuon Chea, Ieng Sary (now deceased), Khieu Samphan, and Ieng Thirith...

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Chapter 6. Cases 003 and 004—The Politics of Personal Jurisdiction: “No Gain in Keeping, No Loss in Weeding Out”

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pp. 167-201

The presumptive lack of independence and experience of Cambodia’s judges, and the contentious politics between the Cambodian Government and United Nations, led many to write off the ECCC from the beginning. However, when not directly addressing topics that challenge the wishes of the Cambodian Government...

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Chapter 7. A Historic First: Recognizing Victims as Case Parties

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pp. 202-230

One of the main arguments in favor of in-country hybrid tribunals is that they facilitate robust victim participation. Victims can more easily observe or participate in the proceedings, which offer them an opportunity to engage in truth-telling, contribute to the search for justice, and otherwise seek empowerment...

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Chapter 8. Connecting to Cambodians: Outreach and Legacy

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pp. 231-260

A strong link to the society most affected by atrocities is arguably central to achieving many of the expressed objectives of hybrid and international tribunals—such as deterring future crimes, developing legal norms and institutions, ministering to victims’ needs, and providing an official account of past...

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Conclusion

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pp. 261-278

The ECCC has evoked a wide range of reactions from Cambodian survivors. At times, they have been strongly positive. On the day the Supreme Court Chamber handed down a life sentence to Duch, civil party Bou Meng said, “I am fully relieved and fully satisfied with the court’s ruling. 100 percent . . . This...

Notes

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pp. 279-402

Selected References

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pp. 403-416

Index

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pp. 417-433