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International Criminal Law in Southeast Asia: Beyond the International Criminal Court

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International Criminal Law in Southeast Asia: Beyond the International Criminal Court International Criminal Law in Southeast Asia: Beyond the International Criminal Court Emma Lauren Palmer A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy Faculty of Law August 2017 COPYRIGHT STATEMENT ‘I hereby grant the University of New South Wales or its agents the right to archive and to make available my thesis or dissertation in whole or part in the University libraries in all forms of media, now or here after known, subject to the provisions of the Copyright Act 1968. I retain all proprietary rights, such as patent rights. I also retain the right to use in future works (such as articles or books) all or part of this thesis or dissertation. I also authorise University Microfilms to use the 350 word abstract of my thesis in Dissertation Abstract International (this is applicable to doctoral theses only). I have either used no substantial portions of copyright material in my thesis or I have obtained permission to use copyright material; where permission has not been granted I have applied/will apply for a partial restriction of the digital copy of my thesis or dissertation.' Signed ……………………………………………........................... Date ……………………………………………........................... AUTHENTICITY STATEMENT ‘I certify that the Library deposit digital copy is a direct equivalent of the final officially approved version of my thesis. No emendation of content has occurred and if there are any minor variations in formatting, they are the result of the conversion to digital format.’ Signed ……………………………………………........................... Date ……………………………………………........................... ORIGINALITY STATEMENT ‘I hereby declare that this submission is my own work and to the best of my knowledge it contains no materials previously published or written by another person, or substantial proportions of material which have been accepted for the award of any other degree or diploma at UNSW or any other educational institution, except where due acknowledgement is made in the thesis. Any contribution made to the research by others, with whom I have worked at UNSW or elsewhere, is explicitly acknowledged in the thesis. I also declare that the intellectual content of this thesis is the product of my own work, except to the extent that assistance from others in the project's design and conception or in style, presentation and linguistic expression is acknowledged.’ Signed …………………………………………….............. Date …………………………………………….............. Publications and Presentations arising from this Thesis Articles and Book Chapters: Approaches Toward Ending Impunity for Mass Atrocities", 126 AsiaPacific Issues, available online• E. Palmer at http://www.eastwestcenter.org/node/35802. and C. Sperfeldt, , "International Criminal Justice and Southeast Asia: er, (2015), Localizing International Criminal Accountability in Cambodia , 16(1) International Relations of the Asia-Pacific 97-135. • E. Palm Reports and Blogs: bloody war on drugs?" 28 LSJ: Law Society of NSW Journal 22-23, available at <http://www.law.unsw.edu.au/news/2016/11/will-president-duterte-face-court-his-• S. Williams and E. Palmer "Global focus: Will President Duterte face court for his bloodywar-drugs>. (Not) All Roads Lead to Rome: Ending Impunity for International Crimes in Southeast Asia , 66 FICHL Policy Brief Series, available at <http://www.legal-tools.org/en/doc/b31325/>.• C. Sperfeldt and E. Palmer, , Conference papers: International Criminal Law Workshop: The Politics of International Criminal Law , University• "Constructing of Western International Australia, Criminal September Justice 2016. across Time and Space", Fourth Annual Change", ANZSIL Annual Conference Post-Graduate Workshop, University of Wellington, July• "International 2015. Criminal Law in Cambodia and Indonesia: How Civil Society Mediates Local Agents of International Criminal Law in Cambodia and Indonesia: How Civil Society Mediates Change , International Studies Association Annual Convention, New Orleans,• February 2015. Localising International Criminal Law in Cambodia , International Criminal Law Workshop, University of New South Wales, September 2014. • Localizing International Criminal Accountability in Southeast Asia , Asia-Pacific Rim Universities Doctoral Students Conference, University of Indonesia, Jakarta, August 2014. • International criminal law in South East Asia: Beyond the International Criminal Court , International Criminal Law Workshop, University of Melbourne, September 2013. • E Palmer International Criminal Law in Southeast Asia Acknowledgements As I sit within the humidity and palms of far Northern New South Wales I am transported in time and space to milk-crate coffee stands, hipster cafés, city-centre offices with peeling human rights posters, and warungs in other countries and in other years, and to the faces, voices, and experiences of individuals far more qualified than I to write this thesis. These are imprinted in the here-and-now of this sticky breeze. I am filled with emotion and gratitude. I could not be more grateful for the support and encouraging atmosphere provided by UNSW Law throughout this research. I received constant mentoring and inspiration from my deeply committed supervisors, Professors Sarah Williams and Andrew Byrnes, to whom I am greatly indebted and admire. They provided essential critical feedback and generously prioritised reviewing my drafts, as well as suggesting opportunities to develop professionally through attending conferences and seminars and teaching courses. Many members of the UNSW Law Faculty also provided extensive and often crucial advice. In particular, I thank Fleur Johns (especially for theoretical inspiration), Lisa Toohey, Melissa Crouch, Daniel Joyce, and Andrea Durbach for participating in my review panels and offering suggestions for the trajectory of this thesis. It is impossible to convey how much moral and practical support Jenny Jarrett provides all of the Higher Degree Research students. I am also thankful for Theunis Roux s early support and advice and acknowledge the financial assistance provided by the Faculty for this research, including from the HDR Fieldwork Support Fund, alongside the Australian Government s Postgraduate Award. I also received fantastic support from the Australian Human Rights Centre, especially from Andrea Durbach and Diane Macdonald. A number of academics from the Faculty of Arts and Social Sciences also provided academic and moral support throughout this research, particularly Louise Chappell. Too many individuals supported my research and fieldwork to be mentioned here. Those listed represent a broader range of individuals who invited me into their homes and businesses, provided information and contacts, shared often deeply personal stories, and whom I can never fully repay for their time and trust. At UNSW, Gabrielle Simm greatly assisted my research in Myanmar. Despite his many other commitments Bhatara Ibnu Reza generously passed on documents, books, and contacts to support my research in Indonesia, especially arranging for me to spend time working from the ELSAM offices in Jakarta for which I am also deeply indebted to Zainal Abidin and Indri Saptaningrum, who also provided essential contacts and assistance. My thanks are also due to Nursyahbani– Katjasungkana and the other organisers of the International People s Tribunal 1965 for allowing me to observe this important event. I thank Greg Heesom of Asia Pacific Forum who offered advice and contacts. Christoph Sperfeldt and Melanie Hyde have been a great assistance for my research in Cambodia, including for work with Sarah Williams. A long conversation with Debbie Stothard about a range of issues on a rainy afternoon in Bangkok will remain with me for years to come, and I am deeply grateful for her introductions and advice. I am also thankful for the assistance of Nick Cheesman at i E Palmer International Criminal Law in Southeast Asia ANU, Kyaw Min San of ICJ in Yangon and my former UNSW colleague Eugene Quah. I warmly thank Rebecca Lozado of PCICC, whose conversations and time I particularly value, and also Harry Roque and Maricel Seno for their support in the Philippines. Amielle del Rosario of CICC was incredibly generous and provided critical and timely information, and I also thank Bill Pace. I am grateful to all those who provided anonymous and formal interviews, as well as the countless others who offered off-record comments, advice, meals, and stories, despite possible security risks and their incredibly busy lives involving much more important commitments. Again, I feel this debt deeply. Countless academics have provided inspiration throughout this thesis, many of whom are cited in this work. I must especially thank Gerry Simpson for organising and inviting me to the inaugural Australian International Criminal Law Workshop in 2013. Comments and suggestions provided by Gerry, John Tobin, Kiran Grewel and Kevin Jon Heller during that workshop stimulated this research. In various forums many others including Frédéric Mégret, Phil Orchard, Philipp Kastner, Sean Richmond, Holly Cullen, Michelle Burgis- Kasthala, Jacqui True, Nicole George, Laura Shepherd, Kirsten Ainley, Sophie Rigney, Monique Cormier and again Christoph Sperfeldt have provided feedback, encouragement, or even casual comments that nevertheless deeply influenced this thesis. To return to UNSW, my deepest thanks are due to my PhD colleagues for their willingness to debate deeply theoretical topics as well as the complexities of Endnote and Word formatting
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