The Politics of Transitional Justice in Cambodia

8/11/2019 The Politics of Transitional Justice in Cambodia

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The Politics of

Transitional Justice in Cambodia

Sophal Ear, PhD

Assistant ProfessorUS Naval Postgraduate School

5 November 2011

Columbia University

The views expressed do not reflect the views of the Department of Navy or the Department of


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A Story in Five Acts

1.

Background

2.

What was agreed3.

What Cambodian authorities wanted

4. What Internationals wanted5.

A Verdict


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Act 1: Background


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Once upon a time ... there was a regime so evil that it created an antisociety

where torture

was currency and music , books , and love

were abolished . This regime ruled for four years and murdered nearly 2 million of its citizens, a quarter of the population .

CAMBODIA

Michael Paterniti (2009)


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What did the world do?


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Four Elections Later


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2006


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Act 2: What was agreed


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senior leaders and those most responsible


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Act 3: What Cambodian authorities wanted


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Khieu Samphan PM Hun Sen Nuon Chea


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Act 4: What Internationals wanted


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But what did they get?


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the national

government

has

said they dont want cases [003 and 004], the internationals

really dont want to fund the cases, theres a feeling that they arent going to happen for

political reasons and not so much for legal reasons

Anne Heindel, Legal Advisor,

Documentation Center of Cambodia, 2 September 2011


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Cambodian CoProsecutor Chea Leang Former International CoInvestigating Judge Sigfried Blun

Cambodian CoInvestigating Judge You Bunleng


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The Legal Counsel strongly

urged the [RGC] to refrain from statements opposing the progress of Cases 003 and 004 and to refrain from interfering in any way

whatsoever with the judicial process. She emphasised the obligation of the [RGC] to cooperate fully with the ECCC.

UN

Statement 20 October 2011


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Act 5: A Verdict

U t 16 000


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Up to 16,000


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TUOL SLENGS DIRECTOR, DUCH, CONFESSED AT KHMER ROUGE TRIBUNAL IN CAMBODIA, 2009.


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VERDICT: GUILTY

DEATHS: 12,273+

SENTENCE: 35 YEARS (REDUCED TO 19 FOR

TIME ALREADY SERVED)

APPEALING.


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MADOFF: 150 YEARS

KILLED: 0; US$65 BILLION FRAUD

NOT APPEALING.

J dg D Chi


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Judge Denny Chin ...noted that 20 or 25years would effectivelybe a life sentence, but

he reasoned that thesymbolism of the

longer term wasimportant, given theenormity of thecrimes.

New York Times

28 June 2011


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My mom, Cam Youk LimJune 1936-October 2009


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Thank you.

SophalSophal Ear Ear

[email protected]@nps.edu

http://http:// faculty.nps.edufaculty.nps.edu /sear /sear
mailto:[email protected]:[email protected]://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searmailto:[email protected]

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The Politics of Transitional Justice in Cambodia