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Genocide Studies and Prevention: An International Journal Volume 8 Issue 2 Post-Genocide Cambodia: The Politics Article 2 of Justice and Truth Recovery 5-1-2014 Full Issue 8.2 Follow this and additional works at: https://scholarcommons.usf.edu/gsp Recommended Citation (2014) "Full Issue 8.2," Genocide Studies and Prevention: An International Journal: Vol. 8: Iss. 2: Article 2. Available at: https://scholarcommons.usf.edu/gsp/vol8/iss2/2 This Front Matter is brought to you for free and open access by the Open Access Journals at Scholar Commons. It has been accepted for inclusion in Genocide Studies and Prevention: An International Journal by an authorized editor of Scholar Commons. For more information, please contact [email protected]. ISSN 1911-9933 eISSN 1911-9933 Genocide Studies and Prevention: An International Journal Post-Genocide Cambodia: The Politics of Justice and Truth Recovery Volume 8.2 - 2014 ii ©2014 Genocide Studies and Prevention 8, no. 2 iii Genocide Studies and Prevention: An International Journal http://scholarcommons.usf.edu/gsp/ Volume 8.2 - 2014 Post-Genocide Cambodia: The Politics of Justice and Truth Recovery GSP Interim Editorial Board Editorial ...............................................................................................................................................1 Kosal Path and Elena Lesley-Rozen Introduction ......................................................................................................................................3 Articles Alex Hinton Justice and Time at the Khmer Rouge Tribunal: In Memory of Vann Nath, Painter and S-21 Survivor ..............................................................................................................7 Helen Jarvis “Justice for the deceased”: victims’ participation in the Extraordinary Chambers in the Courts of Cambodia .......................................................................................19 Wendy Lambourne Justice After Genocide: Impunity and the Extraordinary Chambers in the Courts of Cambodia .....................................................................................................................29 Randle DeFalco Cases 003 and 004 at the Khmer Rouge Tribunal: The Definition of “Most Responsible” Individuals According to International Criminal Law .................................45 Donald W. Beachler The Quest for Justice in Cambodia: Power, Politics, and the Khmer Rouge Tribunal .................................................................................................................67 Book Reviews Joel Brinkley, Cambodia’s Curse: the Modern History of a Troubled Land, reviewed by Donald W. Beachler .............................................................................................81 Cathy J. Schlund-Vials, War, Genocide and Justice: Cambodian American Memory Work, reviewed by Amy Fagin ...............................................................................................................83 ©2014 Genocide Studies and Prevention 8, no. 2 iv James Tyner, Genocide and the Geographical Imagination: Life and Death in Germany, China and Cambodia reviewed by Jeff Stonehouse ....................................................................................................85 Contributors Author Biographies ....................................................................................................................87 ©2014 Genocide Studies and Prevention 8, no. 2 Interim Editors’ Introduction Issue 8.2 of Genocide Studies and Prevention: An International Journal will be the second and final issue edited and published by the Interim Editorial Board, consisting of Kjell Anderson, Amy Fagin, Melanie O’Brien, and Rafiki Ubaldo. We have been assisted by the guest editors of this issue, Kosal Path and Elena Lesley-Rozen. The goal of this issue was to reflect some of the different justice issues facing the Cambodians in the wake of the Cambodian genocide perpetrated by the Khmer Rouge. We have been very appreciative of the University of South Florida for hosting this new, online and open access version of GSP, and look forward to a long future working together. The next issue of GSP will be directed by the newly appointed Editorial Board. The members of this board are listed below. The IAGS plans to continue to build on the strong tradition of GSP by connecting to new audiences and broadening the disciplinary scope of the journal. The Interim Editorial Board welcomes the new Editorial Board, and wishes them the best of luck at the helm of GSP. The call for papers for Issue 8.3, on Humanitarian Technologies and Genocide Prevention, is available on the GSP website at http://scholarcommons.usf.edu/gsp/Call_for_Papers.pdf, and the call for peer reviewers for the same issue is at http://scholarcommons.usf.edu/gsp/Call_for_Peer_Reviewers.pdf. The new Editorial Board has also opened up a call for co-editors, specifically for the rubrics of book review, film review and Internet resources. This call is available athttp://scholarcommons.usf.edu/gsp/call_ for_editors.pdf. Scholars in the field and other readers of GSP are encouraged to open an account at http://scholarcommons. usf.edu/gsp/ for news and information on new calls for papers, peer reviewing, and other GSP related activities. Kjell Anderson, Amy Fagin, Melanie O’Brien, and Rafiki Ubaldo Interim Editorial Board New GSP Editorial Board Editors-in-Chief Christian Gudehus, PhD, Ruhr-Universität Bochum Gabriel Gatti, PhD, Centro de Estudios sobre la Identidad Colectiva, University of the Basque Country James Waller, PhD, Cohen Professor of Holocaust and Genocide Studies, Keene State College Associate Editors Melanie O’Brien, PhD, ARC Centre of Excellence in Policing and Security, Griffith University Douglas Irvin-Erickson, PhD, Rutgers University Production Editors Julie Fielding, University of South Florida Rebel Cummings-Sauls, University of South Florida Rafiki Ubaldo, Media and Communication, IAGS ©2014 Genocide Studies and Prevention 8, no. 2 http://dx.doi.org/10.5038/1911-9933.8.2.1 2 ©2014 Genocide Studies and Prevention 8, no. 2 Introduction The quest to address the legacy of mass violence is a politically complex endeavor that does not necessarily foreground the needs or desires of victims. Indeed, victim claims may contradict the motives of those in power or become overshadowed by the drive to establish international legal norms and regimes of justice. The international push for a tribunal to hold accountable those responsible for the deaths of some 1.7 million Cambodians from 1975-79 did not begin until after the fall of the Soviet Union. Until that time, Cold War politics shielded the former Khmer Rouge from prosecution; indeed a reconfigured Khmer Rouge coalition claimed Cambodia’s place at the United Nations even after the Vietnamese drove the brutal regime from power in 1979. Co-Prime Ministers Prince Norodom Ranariddh and Hun Sen wrote to the UN in 1997 requesting the creation of a tribunal — some claim to intimidate remaining Khmers Rouge into defecting to the current government — but changed his position soon afterward. Nonetheless, international pressure for a court continued and, after a series of lengthy negotiations, the Cambodian government and United Nations reached an agreement in 2003 to establish the Extraordinary Chambers in the Courts of Cambodia (ECCC), more commonly known as the Khmer Rouge Tribunal (KRT). Hun Sen agreed to the tribunal against a backdrop of mounting international criticism of his regime’s widespread human rights abuses and corruption.1 Dunncan McCargo refers to the ECCC as “the play-within- a-play” that characterized the political drama between Hun Sen and the international community.2 From the start, Hun Sen sought to limit the scope of prosecutions to create a narrative of the Khmer Rouge regime that assigned culpability to a small group of elite actors. Members of the international community pushed for more widespread prosecutions and sought both retributive justice and truth recovery. For transnational human rights organizations and a larger international community, the KRT processes are anticipated to produce spillover effects that would transform the judicial system, and perhaps usher in a gradual regime change in this impoverished country.3 Truth recovery, they also hope, would facilitate a process of national “reconciliation,” which is mentioned in the June 2003 agreement between the United Nations and the Royal Government of Cambodia.4 As the KRT draws to a close, its impact on victims, politics and international norms has only begun to be debated. Thirty-five years since the crimes took place and with over $200 million spent on two trials to date, how has this court affected justice for genocidal violence, national reconciliation, historical truth and the culture of impunity in Cambodia? This special issue ofGenocide Studies and Prevention: An International Journal addresses such questions through new analysis and reflection. The following essays provide an even-handed analysis of the KRT’s contributions and limitations. The politics surrounding the court’s establishment, political interference from the Cambodian government and a lack of resources have all constrained the tribunal’s accomplishments, particularly in meeting the multitudinous needs of victims. Alexander Hinton’s article provides insight into the significance of the KRT to victims of S-21 and how the “deeply personal” struggle of healing and truth seeking does not necessarily align