1. Transitional
Justice
CAMBODIA
IC TJ
高君翔

2. TRANSITIONAL JUSTICE
The methods in addressing
large- scale systematic
human rights violation
that the country's normal
justice system could not
provide.
InternationalCenterforT
ransitionalJustice(ICTJ)
PROCESSES
CRIMINALPROSECUTION
TRUTHSEEKING|F
ACTFINDING
REPARATIONS
REFORMS

3. POST-KHMER ROUGE
BRUTALITY OF THE KHMER
ROUGE RULE (1975-1979)
VIETNAMESE OCCUPATION AND THE
PRK (1979-1993) AND THE CIVIL WAR
THE PARIS PEACE AGREEMENT (1991)
AND THE SUPREME NATIONAL
COUNCIL (SNC)
DDR - UNTAC (1991-1993)

4. Cambodian Factions
CambodianPeople's ArmedForces
Democratic Kampuchea
Khmer People's National LiberationFront
NationalArmyofIndependentCambodia(ANKI)(UNT
ACFORCES)

5. Programs
DDR - TheCambodianVeteran'sAssistance Program
Disarmament
RepatriationandAidPackages
SecondRoundof Veteran'sAssistance
Disposing of Surplus Weapons
Supportedby:WorldBank,WorldFoodProgramme,Japan,Sweden,
theNetherlands,andGermanyandtheUnitedStates,theEU

6. SEEKING NATIONAL RECONCILIATION
TRANSITIONAL JUSTICE
THE UN GROUP
OF EXPERTS
First PrimeMinister NorodomRannaridh and Second
PrimeMinister Hun Sen's Letter to theUN(1997)
Requesting for the UN's assistance in bringing justice to the people
responsible for the atrocities during the Khmer Rouge period.
Theexperts suggests the establishment of an International Tribunal.

7. The Extraordinary Chambers in the Courts of
Cambodia (ECCC)
TRANSITIONAL JUSTICE
Established in 2001 by the
Cambodian National Assembly
To try the grave crimes
committed during the
Khmer Rouge period
(1975-1979)
Became a hybrid court in 2003 as
it reached an agreement with the
UN
Special court independent of UN
Agreement (2003):
1. .Pre-TrialChamber
a.3 Cambodian and 2 Intl. Judges
2.Supreme Court Chamber
a. 4 Cambodian and 3 Intl. Judges
In total it has about 17 Cambodian
and 12 International J
udges and
Prosecutors.

8. The Extraordinary Chambers in the Courts of
Unique Features
The use of both Cambodian Law
and International Law (pr
evails during
conflict).
Guarantees that there would be
no amnesties or
pardons.
Decisions has to reach a
"supermajority" that at least
Cambodia (ECCC)
TRANSITIONAL JUSTICE
PROCESS (Overview)
Pre-Trial Chamber
Involves investigation
Trial Chamber
Begins with indictment
Supreme Court Chamber
Decides on appeals against t
he rulings of the Trial
Chamber.

9. Documentation Center of Cambodia in Phnom Penh established (1995) by the Cambodian
Genocide Justice Act by the U.S. Congress
To gather information regarding the DK period for historical purposes, public education
and as an evidence for a legal body.
1997 - Amassed enough evidence to try and convict senior members of the Khmer Rouge
Produced 17,000 primary and secondary source materials that are legally valuable fr
om victim's testimonies and interviews.
2004 - Located around 160 genocide sites and 19, 521 mass-grave pits
25,000 photos and 6,000 portraits of Tuol Sleng prisoners.
Faced some Challenges
INFORMATION-GATHERING EFFORTS
TRANSITIONAL JUSTICE

10. TRUTH-TELLING MECHANISMS
TRANSITIONAL JUSTICE
A transitional justice process considered by the Cambodian Government but dismissed by
the United Nations as it could not replacetheprocess of Prosecution for justice, closure,
and accountability.
People of Cambodia did not want to participate for acquiring testimonies particularly of
the perpetrators proved to be difficult.
Cambodian Center for Social Development (CSD)
Forum Dialogues between the victimes and perpetrators for Natl. Reconciliation
and Justice
Cambodian History

11. TRAUMA COUNSELLING
TRANSITIONAL JUSTICE
Headed by a civil society organization called TPO.
For Children who grew up during Pol Pot's regime,
Women and the DK combatants.
Allowing the victims and the combatants to heal,
making them capable of expressing what they know.
Serves as an informal truth commission.

12. CONCLUSION
TRANSITIONAL JUSTICE IN CAMBODIA
Transitional Justice initiatives were limited.
UNTAC and the PPA did not consider the resolution
of the past as a way for reconciliation.
Loyalty-based patronage system.
Corruption, Feuding Elites and the Uncompetitive
Economy.
DDR should've been implemented well before t
he transitionaljustice.

13. CONCLUSION
TRANSITIONAL JUSTICE IN CAMBODIA
ECCC: As for the Khmer Rouge Leaders (2018)
Khieu Samphan (90)
Kang Kek Iew - died in 2020
Nuon Chea - died in 2019