Two for the Price of One: Attempts by the Extraordinary Chambers in the Courts of Cambodia to Combine Retributive and Restorative Justice Principles

This article illustrates how the ECCC is struggling to combine successfully two distinct institutional responses to crimes, by being both a criminal tribunal, with its formal rules of procedure and focus on retributive justice, and a quasi-truth and reconciliation commission, with its more flexible...

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Bibliographic Details
Published in:Leiden journal of international law 2009-03, Vol.22 (1), p.127-149
Main Author: MCGONIGLE, BRIANNE N.
Format: Article
Language:English
Subjects:
Atrocities
Cambodia
Criminal justice
Criminal law
Human rights
international criminal law
International law
Jurisprudence
Participation
Reconciliation
Restorative justice
Rule of law
Trials
Tribunals & commissions
truth and reconciliation commissions
victims
Victims of crime
War crimes
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Summary:This article illustrates how the ECCC is struggling to combine successfully two distinct institutional responses to crimes, by being both a criminal tribunal, with its formal rules of procedure and focus on retributive justice, and a quasi-truth and reconciliation commission, with its more flexible approach to participatory rights for victims and focus on reconciliation. The article highlights the advantages and challenges of adopting a ‘two for the price of one’ model within the Cambodian context and uses the experiences of the ECCC to underscore important lessons for future ad hoc and hybrid courts.
ISSN:0922-1565
1478-9698
DOI:10.1017/S0922156508005669