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This article seeks to defend three propositions. First, the Extraordinary Chambers in the Courts of Cambodia informally known as the Khmer Rouge Trials is unlikely to achieve any of the primary goals put forward by its proponents.
Second, the Court runs the risk of doing harm. Third, it becomes apparent that other culturally-specific processes have a greater chance at making a long-term impact and satisfying victims. Under Democratic Kampuchea control, it is estimated that nearly 2 million people died as a result of killing, starvation, overwork, and disease. The Court is created jointly by the UN and the Cambodian government, and utilizes a complicated decision-making structure to ensure both UN and Cambodian judge participation in convictions.
The work of the Office of Prosecution began in June In June the Prosecutors submitted the names of five defendants to the Investigating Judges, according to the civil law-based procedures followed by the trials. Only one name, Kaing Guek Eav, has been publicly disclosed as of the time of writing; he is also the only suspect in custody at this time. This new hybrid tribunal marks an evolution in the ways that international justice is practiced — allowing for more local control than ever before.
In fact, the role to be played by Cambodian judges and institutions was one of the major points of contention during the year long negotiations to set-up the court. But despite the long delays in reaching this point, the recent actions of the Prosecutors suggest that the Court is finally moving forward. This article is the result of two years spent analyzing the Court on the ground in Cambodia, from May to April Research conducted by my team, to be discussed here, suggests that many of the claims being made about what the Court can accomplish are not founded in the reality of what is known about international justice generally and Cambodia in particular.