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Victims of genocide before the Extraordinary Chambers in the Courts of Cambodia

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2012

Abstract

Since 2006, the Extraordinary Chambers in the Courts of Cambodia have been dealing with a few cases of surviving leaders of the genocidal Khmer Rouge regime. This national institution with a strong international component aims to combine the retributive principle, based on the just punishment of perpetrators of mass crimes, and the restorative principle, which seeks to contribute to the processes of national reconciliation.

For the latter, the legal position and procedural rights of victims before the Extraordinary Chambers are especially important. This article discusses in detail the four pillars of justice for the victims of mass crimes: the right to participation in criminal processes as Civil Parties, the right to legal representation before the court, the right to protection by the court and the right to reparation for harm suffered.