Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia

by John D. Ciorciari, Anne Heindel

Overview

Since 2006, the United Nations and Cambodian Government have participated in the Extraordinary Chambers in the Courts of Cambodia, a hybrid tribunal created to try key Khmer Rouge officials for crimes of the Pol Pot era. In Hybrid Justice, John D. Ciorciari and Anne Heindel examine the contentious politics behind the tribunal’s creation, its flawed legal and institutional design, and the frequent politicized impasses that have undermined its ability to deliver credible and efficient justice and leave a positive legacy. They also draw lessons and principles for future hybrid and international courts and proceedings.

Product Details

ISBN-13:	9780472119301
Publisher:	University of Michigan Press
Publication date:	02/20/2014
Series:	Law, Meaning, And Violence
Pages:	464
Product dimensions:	6.00(w) x 9.00(h) x 1.60(d)

About the Author

John D. Ciorciari is an assistant professor at the Gerald R. Ford School of Public Policy at the University of Michigan.

Anne Heindel is legal advisor to the Documentation Center of Cambodia.

Table of Contents

Acronyms vii

Acknowledgments ix

Introduction 1

Chapter 1 Forging a Hybrid Court: "A Mountain Never Has Two Tigers" 14

Chapter 2 Pairing the Court's National and International Features 41

Chapter 3 Serving Two Masters: Dual Administration, Oversight, and Funding 70

Chapter 4 Case 001-Convicting an Infamous Khmer Rouge Torture Chief: "You Cannot Cover an Elephant with a Rice Basket" 104

Chapter 5 Case 002-The Centerpiece Case against Senior Leaders: "Cutting the Head to Fit the Hat" 134

Chapter 6 Cases 003 & 004-The Politics of Personal Jurisdiction: "No Gain in Keeping, No Loss in Weeding Out" 167

Chapter 7 A Historic First: Recognizing Victims as Case Parries 202

Chapter 8 Connecting to Cambodians: Outreach and Legacy 231

Conclusion 261

Notes 279

Selected References 403

Index 417

Illustrations following page 166