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The Khmer Rouge Tribunal – Searching for Justice and Truth in Cambodia

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The Khmer Rouge Tribunal – Searching for Justice and Truth in Cambodia Södertörn University College | Department of Social Sciences Master’s Thesis 30 ECTS | Political Science | Spring Semester 2008 The Khmer Rouge Tribunal – Searching for Justice and Truth in Cambodia Author: Fredrik Persson Abstract The Cambodian Khmer Rouge Tribunal and the Search for Justice and Truth. A study of the process of reconciliation in a developing country with a violent past. Author: Fredrik Persson The aim of this thesis is to analyze the relationship between the Khmer Rouge tribunal in Cambodia and the national reconciliation process. A qualitative method involving secondary source analysis as well as field study interviews is being used. The point of departure is a theoretical framework of reconciliation assembled from different sources, as there seems to be no coherent and widely accepted framework available for use. An analysis model is constructed, focusing on the concepts of justice and truth. The findings indicate that reconciliation is nowhere near fulfillment, although a few steps towards national reconciliation have been taken. The Cambodian process of reconciliation is only at its earliest stages. Furthermore, the findings suggest that there is a strong relationship between the tribunal and the reconciliation process, inasmuch as the tribunal is perceived to have positive effects on reconciliation, and that continued reconciliation would not be possible without the tribunal. The tribunal is not the only part in reconciliation though, it is a necessary but not sufficient precondition for continued reconciliation. The tribunal can not bring reconciliation close to fulfillment on its own, other mechanizms must be involved in order to do so. Key words: Cambodia, Khmer Rouge, reconciliation, transitional justice, tribunal, hybrid court, genocide, international law, UN 2 Foreword I would like to take this opportunity to thank the director and staff of the Khmer Institute for Democracy in Phnom Penh, without whom this study would not have been possible. I also would like to thank my interpreters, you know who you are. Last but not least, I would like to express my respect for and gratitude to the respondents and informants, who willingly agreed to share their experiences of and opinions on these demanding issues. Fredrik Persson, Stockholm, Sweden, 2009-06-16 The cover image shows a nameless sculpture made out of molten guns, erected in 1999 at the northern end of Monivong Boulevard, Phnom Penh. 3 Contents 1 Introduction........................................................................................................................7 1.1 Background and problem description....................................................................................................... 7 1.2 Scientific aim and research questions ...................................................................................................... 8 1.3 Scope of study.......................................................................................................................................... 9 1.4 Disposition ............................................................................................................................................... 9 1.5 Review of reconciliation research .......................................................................................................... 10 1.5.1 Controversial issues regarding reconciliation....................................................................................................................10 1.5.2 Major strands of reconciliation discourse..........................................................................................................................12 1.5.3 Discussing with the scholars .............................................................................................................................................12 1.6 Review of research - international law and tribunals ............................................................................. 13 2 Theory and method ..........................................................................................................17 2.1 Reconciliation theory ............................................................................................................................. 17 2.1.1 Aspects of reconciliation...................................................................................................................................................17 2.1.2 Levels of reconciliation.....................................................................................................................................................20 2.1.3 An analytical tool..............................................................................................................................................................21 2.1.4 Connections between reconciliation and democratization.................................................................................................21 2.2 Method ................................................................................................................................................... 22 2.2.1 Interview as a method .......................................................................................................................................................24 2.2.2 Execution of the study.......................................................................................................................................................25 2.2.3 Levels of analysis..............................................................................................................................................................26 2.2.4 Criticism of sources ..........................................................................................................................................................27 2.2.5 Criticism of sources in practice.........................................................................................................................................28 3 Cambodia .........................................................................................................................31 3.1 Political history -1991 ............................................................................................................................ 31 3.2 Political history 1991- ............................................................................................................................ 33 3.3 Domestic politics.................................................................................................................................... 35 4 The Khmer Rouge tribunal ..............................................................................................36 4.1 Origins of the Khmer Rouge tribunal..................................................................................................... 36 4.2 Organization of the ECCC ..................................................................................................................... 38 4.3 Grounds for indictment .......................................................................................................................... 38 4.4 The genocide issue ................................................................................................................................. 40 4.5 Purposes of the tribunal.......................................................................................................................... 41 4 4.6 Problems facing the tribunal .................................................................................................................. 41 5 Reconciliation ..................................................................................................................43 5.1 Views on reconciliation.......................................................................................................................... 43 5.2 Reconciliation and justice ...................................................................................................................... 43 5.2.1 Confidence and trust .........................................................................................................................................................44 5.2.2 Disaggregation of guilt......................................................................................................................................................45 5.2.3 Functioning institutions.....................................................................................................................................................46 5.2.4 Rectification......................................................................................................................................................................48 5.2.5 Retributive-restorative balance .........................................................................................................................................48 5.2.6 Summary of reconciliation and justice..............................................................................................................................49 5.3 Reconciliation and truth ......................................................................................................................... 50 5.3.1 Empathy............................................................................................................................................................................50 5.3.2 Truth-telling......................................................................................................................................................................51
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