Memo #129
By Theressa Etmanski – theressa.etmanski [at] gmail.com
Case 002 of the Extraordinary Chambers in the Courts of Cambodia (ECCC) is underway, more than three decades after the genocide that killed 1.7 million Cambodians. On trial before a hybrid United Nations/Cambodian judiciary are the three alleged most senior remaining leaders of the Khmer Rouge regime. They face charges of crimes against humanity, grave breaches of the Geneva Conventions, genocide, homicide, torture, and religious persecution.
From a criminal justice perspective, prosecution of these crimes, along with the ECCC’s innovative mandate for victim participation, are important steps towards national reconciliation. But victims also have a “right to a remedy”. This includes adequate, effective, and prompt reparation for harm suffered. This moves beyond a purely punitive model of justice, injecting principles of restorative justice into the process.
There is no mandate for financial compensation. But revisions to the ECCC’s internal rules now provide two potential avenues for “moral and collective” reparations. One is traditional Court-ordered reparations, which can be awarded only to victims who participate in the trials.
The second is non-judicial measures, which are programs implemented by the Court’s Victim Support Section. These are designed for the benefit of all victims regardless of participation and can be implemented before the trial is complete. This is significant because the age and health of the accused has the potential to delay or prematurely end the proceedings. Indeed, a fourth leader was recently found unfit to stand trial due to advanced Alzheimer’s.
Despite their value, funding for these programs remains insecure. The accused have claimed indigence, and reparations are not within the ECCC’s budget, which continuously faces shortages. Further funds are needed to implement these programs, a difficult sell in the face of donor fatigue and allegations of political interference.
No model of transitional justice may ever fully heal Cambodia’s deep-seated wounds. But reparations provide an opportunity for the ECCC to move beyond a purely legalist approach and contribute to a more holistic model of justice. Reparations have a material and symbolic value in support of victims too long silenced.
About the Author:
Theressa Etmanski – dual Master of Arts – Asia Pacific Policy Studies (MAAPPS)/law student at The University of British Columbia. She recently completed an internship in the Victims Support Section of the Extraordinary Chambers in the Courts of Cambodia.
Case 002 is in progress at the ECCC
Links:
- Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations, Office of the United Nations High Commissioner for Human Rights, 2005.
- Justice Denied for Cambodia, East Asia Forum, December 2011.
Related Memos:
- Our other Memos about Cambodia.