Justice After Genocide: Impunity and the Extraordinary Chambers in the Courts of Cambodia

Abstract

Abstract.After nearly 40 years, some of the key leaders of the former Khmer Rouge genocidal regime are facing trial at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This paper explores the challenges and opportunities facing the ECCC in its pursuit of justice and accountability for the atrocities committed by the Khmer Rouge against the Cambodian people. It concludes that, despite the political controversies and resource constraints affecting the court in fulfilling its mandate to end impunity, victims and survivors of the Pol Pot era may still benefit psychologically from the longoverdue official acknowledgement of their suffering and the opportunity for younger generations to learn the truth of what happened. Some justice could indeed be better than none in the quest for healing and reconciliation at the individual and community level. This process may be undermined, however, if the prevailing culture of "small impunities" and the need for political and socioeconomic justice, along with psychosocial support, are not addressed. Keywords

Conceptualising Resilience in the Context of Transitional Justice

“…Lambourne (2009Lambourne ( , 2014a developed her model of transformative justice inductively 1 by studying and listening to the voices of survivors of mass violence and atrocities who identified the types of justice that were important to them, and by observing micro-level peacebuilding and community practices that focus on healing and reconciliation (Lambourne and Niyonzima, 2016). The lived realities of affected communities suggest that transitional justice at the formal, elite level of tribunals and truth commissions is insufficient to meet their justice needs and interests (Lambourne, 2014a(Lambourne, , 2014c.…”

“…Reparations are more likely to be symbolic than sufficiently meaningful to effect real change in the socio-economic realities of survivors of mass violence. Moral and collective reparations may be seen as having a greater potential for building resilience, such as in the case of the ECCC's provision of moral reparations in the form of trauma recovery programmes that support psychosocial healing and transformation (Lambourne, 2014c; see also Chapter 7). Another example was Peru's collective reparations programme that included financing small development projects, in addition to commemorative events for victims and survivors (Garcia-Godos, 2017: 194-195).…”

Resilience, Adaptive Peacebuilding and Transitional Justice

“…Lambourne ( , 2014a developed her model of transformative justice inductively 1 by studying and listening to the voices of survivors of mass violence and atrocities who identified the types of justice that were important to them, and by observing micro-level peacebuilding and community practices that focus on healing and reconciliation (Lambourne and Niyonzima, 2016). The lived realities of affected communities suggest that transitional justice at the formal, elite level of tribunals and truth commissions is insufficient to meet their justice needs and interests (Lambourne, 2014a(Lambourne, , 2014c.…”

The Multiple Pathways to Trauma Recovery, Vindication, and National Reconciliation in Cambodia

“…As one civil party lawyer puts it, victims really appreciated it to tell their stories in an official, judicial setting with the presence of the accused. From a legal perspective, the meaning and importance of civil party participation in the Khmer Rouge trial has been extensively researched (Ciorciari & Heindel, ; J. Herman, ; Lambourne, ; Pham et al, ; Stover, Balthazard, & Koenig, ; Un, ). Most scholars tend to agree that the positive aspects of rendering justice have outweighed the negative aspects such as lack of individual and financial reparations or the absence of court mandated legal aid for victims.…”