Title

The Paradox of Victim-Centrism: Victim Participation at the Khmer Rouge Tribunal

Publication Type

Journal Article

Publication Date

2009

Abstract

It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, let alone all victims of mass atrocity. Instead, it simply seeks to move beyond vague speculations that victim participation in international trials is always therapeutic, and suggest a new indigenized victimology that the Tribunal should explore as the long-awaited trials of the Khmer Rouge unfold.

Keywords

EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA, KHMER ROUGE TRIBUNAL, CAMBODIA, VICTIMOLOGY, INTERNATIONAL TRIBUNALS, INTERNATIONAL CRIMINAL LAW

Discipline

Asian Studies | Dispute Resolution and Arbitration | International Law

Research Areas

Dispute Resolution

Publication

International Criminal Law Review

Volume

9

Issue

5

First Page

733

Last Page

775

ISSN

1567-536X

Identifier

10.1163/156753609X12507729201318

Publisher

Brill

Additional URL

http://dx.doi.org/10.1163/156753609X12507729201318

Comments

Awarded the 2009 Carl Mason Franklin Jr. Prize for best scholarly work in the field of international law by Stanford Law School