Working with the Remains in Cambodia: Skeletal Analysis and Human Rights After Atrocity
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Historical Evidence at the ECCC
History and the Boundaries of Legality: Historical Evidence at the ECCC The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Andrew Mamo, History and the Boundaries of Legality: Historical Evidence at the ECCC (May, 2013). Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:10985172 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA History and the Boundaries of Legality: Historical Evidence at the ECCC Andrew Mamo The Extraordinary Chambers in the Courts of Cambodia (ECCC) are marked by the amount of time that has elapsed between the fall of Democratic Kampuchea in 1979 and the creation of the tribunal. Does this passage of time matter? There are obvious practical reasons why it does: suspects die, witnesses die or have their memories fade, documents are lost and found, theories of accountability gain or lose currency within the broader public. And yet, formally, the mechanisms of criminal justice continue to operate despite the intervening years. The narrow jurisdiction limits the court’s attention to the events of 1975–1979, and potential evidence must meet legal requirements of relevance in order to be admissible. Beyond the immediate questions of the quality of the evidence, does history matter? Should it? One answer is that this history is largely irrelevant to the legal questions at issue. -
The Khmer Rouge Tribunal: an Ambiguous Good News Story
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
Honour Killing in Sindh Men's and Women's Divergent Accounts
Honour Killing in Sindh Men's and Women's Divergent Accounts Shahnaz Begum Laghari PhD University of York Women’s Studies March 2016 Abstract The aim of this project is to investigate the phenomenon of honour-related violence, the most extreme form of which is honour killing. The research was conducted in Sindh (one of the four provinces of Pakistan). The main research question is, ‘Are these killings for honour?’ This study was inspired by a need to investigate whether the practice of honour killing in Sindh is still guided by the norm of honour or whether other elements have come to the fore. It is comprised of the experiences of those involved in honour killings through informal, semi- structured, open-ended, in-depth interviews, conducted under the framework of the qualitative method. The aim of my thesis is to apply a feminist perspective in interpreting the data to explore the tradition of honour killing and to let the versions of the affected people be heard. In my research, the women who are accused as karis, having very little redress, are uncertain about their lives; they speak and reveal the motives behind the allegations and killings in the name of honour. The male killers, whom I met inside and outside the jails, justify their act of killing in the name of honour, culture, tradition and religion. Drawing upon interviews with thirteen women and thirteen men, I explore and interpret the data to reveal their childhood, educational, financial and social conditions and the impacts of these on their lives, thoughts and actions. -
15.5 Analysis of Alternatives
EIA Report The Study on Dang Kor new disposal site development in Phnom Penh JICA Annex 15. Environment Impact Assessment Report KOKUSAI KOGYO CO., LTD. Figure 15-68: View of the new disposal site from Bakou (to North) 15.5 Analysis of Alternatives 15.5.1 Review of the Previous Report for Siting of Disposal Site Two studies on the selection of the candidate site for the new disposal site after closure of the Stung Mean Chey disposal site were conducted. One is the “Report on searching for new landfill” (DPWT No. 634, 11 August 1995) and the other is “Dump Site Construction” in Phnom Penh (April 1997). According to the minutes of meeting on the inception report of this study signed on the 10th of March 2003, the study team reviewed the above-mentioned studies to verify the appropriateness of the site where the MPP had already acquired 11 ha of land as a part of the proposed area based on the results of these studies. a. Review of “Report on searching for new landfill” (DPWT No.634, 11 August 1995) The following four candidate sites for the new disposal site were nominated for the study. Candidate 1: Prey Sala Village, Sangkat Kakoy, Khan Dang Kor Candidate 2: Sam Rong Village, Khan Dang Kor Candidate 3: Pray Speu Village, Khan Dang Kor Candidate 4: Choeung Ek Village, Sangkat Choeung Ek, Khan Dang Kor The characteristics are summarized in Table 15-60 and their locations are shown in. Figure 15-69. At the time of this study, it was presumed that an area of about 10 ha was to be considered as a candidate site. -
Download.Html; Zsombor Peter, Loss of Forest in Cambodia Among Worst in the World, Cambodia Daily, Nov
CAMBODIA LAW AND POLICY JOURNAL 2013-2014 CHY TERITH Editor-in-Chief, Khmer-language ANNE HEINDEL Editor-in-Chief, English-language CHARLES JACKSON SHANNON MAREE TORRENS Editorial Advisors LIM CHEYTOATH SOKVISAL KIMSROY Articles Editors, Khmer-language LIM CHEYTOATH SOPHEAK PHEANA SAY SOLYDA PECHET MEN Translators HEATHER ANDERSON RACHEL KILLEAN Articles Editor, English-language YOUK CHHANG, Director, Documentation Center of Cambodia JOHN CIORCIARI, Assistant Professor of Public Policy, Gerald R. Ford School of Public Policy, Michigan University RANDLE DEFALCO, Articling Student-at-Law at the Hamilton Crown Attorney’s Office, LL.M, University of Toronto JAYA RAMJI-NOGALES, Associate Professor, Temple University Beasley School of Law PEOUDARA VANTHAN, Deputy Director Documentation Center of Cambodia Advisory Board ISSN 2408-9540 Disclaimer: The views expressed in this journal are those of the authors only. Copyright © 2014 by the Documentation Center of Cambodia. All rights reserved. No part of this journal may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. The Cambodia Law and PoLiCY JoURnaL Eternal (2013). Painting by Asasax The Documentation Center of Cambodia (DC-Cam) is pleased to an- design, which will house a museum, research center, and a graduate nounce Cambodia’s first bi-annual academic journal published in English studies program. The Cambodia Law and Policy Journal, part of the and Khmer: The Cambodia Law and Policy Journal (CLPJ). DC-Cam Center’s Witnessing Justice Project, will be the Institute’s core academic strongly believes that empowering Cambodians to make informed publication. -
Perspectives
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
Choeung Ek and Local Genocide Memorials.1
Memory and Sovereignty in Post-1979 Cambodia: Choeung Ek and Local Genocide Memorials.1 Rachel Hughes University of Melbourne, Australia Introduction This chapter seeks to investigate the politics and symbolism of memorial sites in Cambodia that are dedicated to the victims of the Democratic Kampuchea or “Pol Pot” period of 1975-1979. These national and local-level memorials were built during the decade immediately following the 1979 toppling of Pol Pot, during which time the Cambodian state was known as the People’s Republic of Kampuchea (PRK). I will concentrate especially on the Choeung Ek Center for Genocide Crimes, located in the semi-rural outskirts of Phnom Penh. The chapter also examines local-level genocide memorials2 found throughout Cambodia. These two types of memorial — the large, central, national-level memorial, and the smaller, local memorial — command significant popular attention in contemporary Cambodia. An analysis of these two memorial types offers insights into PRK national reconstruction and the contemporary place-based politics of memory around Cambodia’s traumatic past. The Choeung Ek Center for Genocide Crimes The Choeung Ek Center for Genocide Crimes,3 featuring the large Memorial Stupa, is located fifteen kilometers southwest of Phnom Penh, Cambodia’s capital. The site lies just outside of the urban fringe in Dang Kao district, but falls within the jurisdiction of the municipal authority of Phnom Penh. The Choeung Ek site, originally a Chinese graveyard, operated from 1977 to the end of 1978 as a killing site and burial ground for thousands of victims of Pol Pot’s purges (Chandler 1999: 139-140). -
Rape and Forced Pregnancy As Genocide Before the Bangladesh Tribunal
4 ‐ TAKAI ‐ TICLJ 2/29/2012 5:31:50 PM RAPE AND FORCED PREGNANCY AS GENOCIDE BEFORE THE BANGLADESH TRIBUNAL Alexandra Takai* I. INTRODUCTION Rape as an act of genocide is a recent and controversial topic in international law. When genocide first emerged as an international crime in response to the atrocities committed by the Nazis during World War II, sexual violence was not part of the discourse. In 1948, when the Genocide Convention was established to define and codify the crime of genocide, rape was still viewed as an inevitable byproduct of war1 rather than a deliberate strategy. It was not until 1998 in the landmark case of the International Criminal Tribunal for Rwanda, Prosecutor v. Akayesu,2 when rape was successfully prosecuted as an act of genocide. In the wake of Akayesu, the international legal community is beginning to recognize genocidal rape as a distinct crime. During the 1971 Liberation War, in which Bangladesh seceded from Pakistan,3 it is estimated that between 200,000 and 400,000 women were raped,4 and thousands became pregnant as a result.5 Four decades later, Bangladesh’s International Criminal Tribunal (the “Tribunal”) began to charge individuals for crimes committed during the Liberation war.6 The Tribunal has yet to establish a prosecutorial plan for sexual crimes, opening up debate * J.D. (expected May 2012), Temple University James E. Beasley School of Law; B.A., Bucknell University. The author would like to thank Professor Margaret deGuzman for her guidance and insight and Andrew Morrison for his support throughout the writing process. -
The Tuol Sleng Genocide Museum Abstract This Article
The Memory of the Cambodian Genocide: The Tuol Sleng Genocide Museum Abstract This article examines the representation of the memory of the Cambodian genocide in the Tuol Sleng Genocide Museum in Phnom Penh. The museum is housed in the former Tuol Sleng prison, a detention and torture centre through which thousands of people passed before execution at the Choeung Ek killing field. From its opening in 1980, the museum was a stake in the ongoing conflict between the new Vietnamese- backed government and Pol Pot’s Khmer Rouge guerrillas. Its focus on encouraging an emotional response from visitors, rather than on pedagogy, was part of the museum’s attempt to engender public sympathy for the regime. Furthermore, in order to absolve former Khmer Rouge members in government of blame, the museum sort to attribute responsibility for the atrocities of the period to a handful of ‘criminals’. The article traces the development of the museum and its exhibitions up to the present, commenting on what this public representation of the past reveals about the memory of the genocide and the changing political situation in Cambodia. The Tuol Sleng prison (also known by its codename S-21) was the largest centre for torture during the rule of the Cambodian Khmer Rouge (KR) between 1975 and 1979. Prisoners were interrogated at Tuol Sleng before being taken to the Choeung Ek killing field located fifteen kilometres southwest of Phnom Penh. Approximately 20,000 people are believed to have been executed and buried at this site.1 In the wake of the Vietnamese invasion in 1979, two photojournalists discovered Tuol Sleng. -
Ukrainians, Cambodians and Rwandans
NAME _______________________________________ SCHOOL ____________________________ Part III DOCUMENT-BASED QUESTION This question is based on the accompanying documents. The question is designed to test your ability to work with historical documents. Some of these documents have been edited for the purposes of this question. As you analyze the documents, take into account the source of each document and any point of view that may be presented in the document. Historical Context: Throughout history, governments have adopted policies or have taken actions that have contributed to the denial of human rights to certain groups. These groups include Ukrainians, Cambodians, and Rwandans. This denial of human rights has had an impact on the region in which it occurred as well as on the international community. Task: Using the information from the documents and your knowledge of global history, answer the questions that follow each document in Part A. Your answers to the questions will help you write the Part B essay in which you will be asked to Select two groups mentioned in the historical context whose human rights have been denied and for each • Describe the historical circumstances that contributed to the denial of this group’s human rights • Explain how a specific policy or action contributed to the denial of this group’s human rights • Discuss the impact this denial of human rights has had on the region in which it occurred and/or on the international community In developing your answers to Part III, be sure to keep these general definitions in mind: (a) describe means “to illustrate something in words or tell about it” (b) explain means “to make plain or understandable; to give reasons for or causes of; to show the logical development or relationships of ” (c) discuss means “to make observations about something using facts, reasoning, and argument; to present in some detail” Global Hist. -
The Continuing Presence of Victims of the Khmer
Powerful remains: the continuing presence of victims of the Khmer Rouge regime in today’s Cambodia HUMAN REMAINS & VIOLENCE Helen Jarvis Permanent People’s Tribunal, UNESCO’s Memory of the World Programme [email protected] Abstract The Khmer Rouge forbade the conduct of any funeral rites at the time of the death of the estimated two million people who perished during their rule (1975–79). Since then, however, memorials have been erected and commemorative cere monies performed, both public and private, especially at former execution sites, known widely as ‘the killing fields’. The physical remains themselves, as well as images of skulls and the haunting photographs of prisoners destined for execution, have come to serve as iconic representations of that tragic period in Cambodian history and have been deployed in contested interpretations of the regime and its overthrow. Key words: Cambodia, Khmer Rouge, memorialisation, Extraordinary Chambers in the Courts of Cambodia, dark tourism Introduction A photograph of a human skull, or of hundreds of skulls reverently arranged in a memorial, has become the iconic representation of Cambodia. Since the overthrow of the Khmer Rouge regime on 7 January 1979, book covers, film posters, tourist brochures, maps and sign boards, as well as numerous original works of art, have featured such images of the remains of its victims, often coupled with the haunting term ‘the killing fields’, as well as ‘mug shots’ of prisoners destined for execution. Early examples on book covers include the first edition of Ben Kiernan’s seminal work How Pol Pot Came to Power, published in 1985, on which the map of Cambodia morphs into the shape of a human skull and Cambodia 1975–1978: Rendezvous with Death, edited by Karl D. -
Humiliation, Killing, War, and Gender
Humiliation, Killing, War, and Gender Lindner, Evelin Gerda (2006). Humiliation, killing, war, and gender. In Fitzduff, Mari and Stout, Chris E. (Eds.), The Psychology of Resolving Global Conflicts: From War to Peace. Volume 1: Nature vs. Nurture, pp. 137-174. Westport, CT, London: Praeger Security International. Evelin Gerda Lindner, MD, PhD, PhD (Dr psychol, Dr med) Social scientist Founder of Human Dignity and Humiliation Studies (www.humiliationstudies.org) and affiliated to the University of Oslo, Department of Psychology (http://folk.uio.no/evelinl/), the Maison des Sciences de l'Homme, Paris, and in cooperation with the Columbia University Conflict Resolution Network, New York In order to phone me, please send first an email to [email protected] in order to find out where I might be phoned; I am continuously traveling. © Evelin Gerda Lindner Humiliation, Killing, War, and Gender 2 Humiliation, Killing, War, and Gender Abstract The chapter “humiliation, killing, war, and gender” analyzes these phenomenona in their embeddedness in the current transition to Human Rights ideals that promote equal dignity for all. Honor norms are anchored in a social context that is deeply different from contexts of equal dignity for all. Currently, both, honor and equal dignity are cultural concepts that are significant for people world-wide. The problem is that they clash and are incompatible in many ways. The chapter sheds light on the transition from norms of honor to norms of equal dignity, and how this is played out in the field of gender, killing, and war. Also the phenomenon that people can feel humiliated and retaliate with acts of humiliation is discussed in relation to this transition.