Reflection on Shifting Testimonies
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The Uncertain Relationship Between International Criminal Law Accountability and the Rule of Law in Post-Atrocity States: Lessons from Cambodia
CORE Metadata, citation and similar papers at core.ac.uk Provided by Fordham University School of Law Fordham International Law Journal Volume 42, Issue 1 Article 1 The Uncertain Relationship Between International Criminal Law Accountability and the Rule of Law in Post-Atrocity States: Lessons from Cambodia Randle C. DeFalco∗ ∗ Copyright c by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press (bepress). https://ir.lawnet.fordham.edu/ilj ARTICLE THE UNCERTAIN RELATIONSHIP BETWEEN INTERNATIONAL CRIMINAL LAW ACCOUNTABILITY AND THE RULE OF LAW IN POST-ATROCITY STATES: LESSONS FROM CAMBODIA Randle C. DeFalco* ABSTRACT One of the goals routinely ascribed to international criminal law (“ICL”) prosecutions is the ability to improve the rule of law domestically in post-atrocity states. This Article reassesses the common assumption that the relationship between the pursuit of ICL accountability and improving the rule of law in post-atrocity states is necessarily a linear, wholly positive one. It does so through an analysis of the relationship between the Extraordinary Chambers in the Courts of Cambodia and the rule of law domestically in Cambodia. Through this analysis, this Article highlights the oft-ignored possibility that ICL prosecutions may actually have a mix of positive, nil, and negative effects on the domestic rule of law, at least in the short run. In the Cambodian context, this Article argues that such risk is quite real and arguably, in the process of being realized. These harmful rule of law consequences are most visible when viewed in light of the particularities of Cambodia’s rule of law deficit, which increasingly stems from government practices of subverting the rule of law through means obscured behind façades of legality. -
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. -
Judging the Successes and Failures of the Extraordinary Chambers of the Courts of Cambodia
Judging the Successes and Failures of the Extraordinary Chambers of the Courts of Cambodia * Seeta Scully I. DEFINING A ―SUCCESSFUL‖ TRIBUNAL: THE DEBATE ...................... 302 A. The Human Rights Perspective ................................................ 303 B. The Social Perspective ............................................................. 306 C. Balancing Human Rights and Social Impacts .......................... 307 II. DEVELOPMENT & STRUCTURE OF THE ECCC ................................... 308 III. SHORTCOMINGS OF THE ECCC ......................................................... 321 A. Insufficient Legal Protections ................................................... 322 B. Limited Jurisdiction .................................................................. 323 C. Political Interference and Lack of Judicial Independence ....... 325 D. Bias ........................................................................................... 332 E. Corruption ................................................................................ 334 IV. SUCCESSES OF THE ECCC ................................................................ 338 A. Creation of a Common History ................................................ 338 B. Ending Impunity ....................................................................... 340 C. Capacity Building ..................................................................... 341 D. Instilling Faith in Domestic Institutions ................................... 342 E. Outreach .................................................................................. -
Justice and the Khmer Rouge
Justice and the Khmer Rouge: concepts of just response to the crimes of the democratic Kampuchean regime in buddhism and the extraordinary chambers in the courts of Cambodia at the time of the Khmer Rouge tribunal Gray, Tallyn 2012 Link to publication Citation for published version (APA): Gray, T. (2012). Justice and the Khmer Rouge: concepts of just response to the crimes of the democratic Kampuchean regime in buddhism and the extraordinary chambers in the courts of Cambodia at the time of the Khmer Rouge tribunal. (Working papers in contemporary Asian studies; No. 36). Centre for East and South-East Asian Studies, Lund University. http://www.ace.lu.se/images/Syd_och_sydostasienstudier/working_papers/Gray_Tallyn.pdf Total number of authors: 1 General rights Unless other specific re-use rights are stated the following general rights apply: Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal Read more about Creative commons licenses: https://creativecommons.org/licenses/ Take down policy If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim. -
TODAY, HE TOOK IT to DUCH June 30
THIRTY YEARS AGO, DUCH TOOK HIS TOENAILS; TODAY, HE TOOK IT TO DUCH June 30, 2009 By Laura MacDonald, Member of the New York Bar and Consultant to the Center for International Human Rights, Northwestern University School of Law In some respects, today was a lot like yesterday as a packed public gallery again listened to the testimony of an aging male survivor of Tuol Sleng prison (S-21) spared only because of a useful skill. However, mechanic Chum Mey’s testimony was much, much more than a repeat of artist Vann Nath’s testimony yesterday. With Chum Mey’s testimony, finally, the passion and anger of an S-21 victim has been properly injected into the trial of prison chief Kaing Guek Eav (alias Duch). Chum Mey’s Story When the Khmer Rouge came to power in 1975, 79-year-old civil party Chum Mey was a mechanic working in Phnom Penh. Chum Mey and his family were forced to evacuate the city, but a series of tragedies and events brought him back to Phnom Penh to fix sewing machines and other equipment in a Khmer Rouge factory where the black clothes worn by the soldiers were produced. After over three years there, Chum Mey was called away from the factory under the pretext of fixing a Khmer Rouge vehicle. He was delivered to a place he later learned was S-21 where he was arrested, accused of being CIA or KGB, handcuffed, blindfolded, photographed, and stripped to his underwear. Chum Mey was shackled in a two meter by one meter individual cell containing only an ammunition box for feces and a plastic jug for urine. -
Conflicts in Cambodian Society and Challenges Ahead
Cambodia: From War To Peace Presentation by Sopheak OK SEREI, COPCEL Facilitator, at Tokyo Peacebuilders Symposium “Peacebuilding Experience and Knowledge From Asia to the World” and Challenges Ahead March 24, 2008 OSS/Tokyo Symposiumo/240308 Outline 1. Country & history background 2. The first initiatives of the Peace Movement and the role of Buddhism 3. CDRI inititaives 4. COPCEL Phase One (1999-2003) and Phase Two (2005-2008) 5. Application of the Culture of Dialogue to resolve political crisis 6. Conclusion OSS/Tokyo Symposiumo/240308 513 115 sq km 65 M GDP:$177 billion; pc: $2,749 - 181 035 sq km - 14 M - 28 years of war -Around 1.7 M died during KR regime -1991: Paris Peace Agreement 331 690 sq km -1993: Successful Election by UNTAC 85 M -Constitutional Monarchy Regime GDP: $50 billion; pc: $630 -GDP: $6.2 billion; per capita: $439 OSS/Tokyo Symposiumo/240308 WhatWhat diddid UNUN leaveleave behindbehind afterafter 1993?1993? - A successful election - The birth of a new Democratic State - A strong commitment to initiate a Human Rights Culture b Blossoming of HR & Advocacy NGOs ...but - An unfinished business on the Khmer Rouge b Armed Conflicts on July 5-6 1997 - The Ieng Sary faction surrendered to RGC in August 1996 - The KR Tamok faction surrendered to RGC in December 1998 OSS/Tokyo Symposiumo/240308 Peace Initiatives in Cambodia He died in March 13, 2007 In fact started before HR movements, with Samdech Maha Ghosananda and Dhammayietra (Peace March) DY1 April 1992 to DY11 March 2001 NIWANO Peace Price, Tokyo May 9, 1998 The movement continues till now...................... -
Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart
Coventry University Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart McGrew, L. Submitted version deposited in CURVE January 2014 Original citation: McGrew, L. (2011) Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart. Unpublished PhD Thesis. Coventry: Coventry University. Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owners. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. CURVE is the Institutional Repository for Coventry University http://curve.coventry.ac.uk/open Reconciliation in Cambodia: Victims and Perpetrators Living Together, Apart by Laura McGrew A thesis submitted in partial fulfilment of the University’s requirements for the degree of Doctor of Philosophy Coventry University Centre for the Study of Peace and Reconciliation Coventry, United Kingdom April 2011 © Laura McGrew All Rights Reserved 2011 ABSTRACT Under the brutal Khmer Rouge regime from 1975 to 1979 in Cambodia, 1.7 million people died from starvation, overwork, torture, and murder. While five senior leaders are on trial for these crimes at the Extraordinary Chambers of the Courts of Cambodia, hundreds of lower level perpetrators live amongst their victims today. This thesis examines how rural Cambodians (including victims, perpetrators, and bystanders) are coexisting after the trauma of the Khmer Rouge years, and the decades of civil war before and after. -
Steady Progress in Cambodia PDF, 4.47 MB
STEADY PROGRESS IN CAMBODIA Report of a Parliamentary Delegation to Cambodia February 2014 Contents 4 EXECUTIVE SUMMARY THE DELEGATION 6 BACKGROUND TO THE ISSUES In February 2014, four parliamentarians from the UK visited health and education programmes in Cambodia, accompanied by staff and board members from RESULTS UK. The aim of the delegation was to assess how Cambodia is addressing major development challenges relating to these issues. The members of the delegation were: TUBERCULOSIS Baroness Alison Suttie (Liberal Democrat) Michael Connarty – MP for Linlithgow and East Falkirk (Labour) CHILD HEALTH Nic Dakin – MP for Scunthorpe (Labour) Mark Pawsey – MP for Rugby (Conservative) EDUCATION Reg Davis – Member of the Board of RESULTS UK, former Head Teacher KEY FINDINGS AND Steve Lewis –Global Health Advocacy Manager, RESULTS UK 8 Jessica Kuehne – Health Advocacy Officer (Tuberculosis), RESULTS UK RECOMMENDATIONS Megan Wilson-Jones – Health Advocacy Officer (Child Health and Vaccines), RESULTS UK TUBERCULOSIS ACKNOWLEDGEMENTS The Global Fund to fight AIDS, TB and Malaria We are grateful to the Cambodian Government, especially the Ministry of Health, His Excellency Mam Bun Heng, and the Ministry of Education, Youth and Sport, for welcoming the delegation to the country and ensuring the delegates were able to speak with officials CHILD HEALTH and visit government hospitals, health centres and schools. We are also grateful to UNICEF for leading the health site visits. Our special thanks go to Mr Chan Sophea, Lynn Dudley and their team -
A Review of Health Leadership and Management Capacity in Cambodia / [email protected] Augustine Asante, John Hall and Graham Roberts
Leadership and management A REVIEW OF HEALTH LEADERSHIP AND MANAGEMENT CAPACITY IN CAMBODIA Augustine Asante, John Hall and Graham Roberts HUMAN RESOURCES FOR HEALTH KNOWLEDGE HUB www.hrhhub.unsw.edu.au Cambodia The Human Resources for Health Knowledge Hub This technical report series has been produced by the Human Resources for Health Knowledge Hub of the School AcknOwlEDGEMEnts of Public Health and Community Medicine at the University The authors would like to acknowledge David of New South Wales. Taylor (Research Assistant, UNSW) for his Hub publications report on a number of significant issues in human resources for health (HRH), currently under the contribution of drafting this report. We are also following themes: grateful for the comments and feedback from leadership and management issues, especially at Dr John Dewdney (Visiting Fellow, UNSW), Dr district level maternal, neonatal and reproductive health workforce Russell Taylor (Director, Archerfish Consulting) at the community level and Ms Gillian Biscoe (Executive Director intranational and international mobility of health workers of the Bellettes Bay Company Pty Ltd). This HRH issues in public health emergencies. profile was reviewed by Dr Ponndara Ith, a The HRH Hub welcomes your feedback and any questions you may have for its research staff. For further information former Cambodian Ministry of Health official on these topics as well as a list of the latest reports, summaries and current PhD candidate within the School and contact details of our researchers, please visit www.hrhhub.unsw.edu.au or email [email protected] of Public Health and Community Medicine of the University of New South Wales. -
The Perpetrator's Mise-En-Scène: Language, Body, and Memory in the Cambodian Genocide
JPR The Perpetrator’s mise-en-scène: Language, Body, and Memory in the Cambodian Genocide Vicente Sánchez-Biosca Abstract: Rithy Panh’s film S-21. The Khmer Rouge Killing Machine (2003) was the result of a three- year shooting period in the Khmer Rouge centre of torture where perpetrators and victims exchanged experiences and re-enacted scenes from the past under the gaze of the filmmaker’s camera. Yet, a crucial testimony was missing in that puzzle: the voice of the prison’s director, Kaing Guek Eav, comrade Duch. When the Extraor- dinary Chambers in the Courts of Cambodia (ECCC) were finally established in Phnom Penh to judge the master criminals of Democratic Kampuchea, the first to be indicted was this desk criminal. The filmDuch, Master of the Forges of Hell (Panh, 2011) deploys a new confrontation – an agon, in the terminology of tragedy – between a former perpetrator and a former victim, seen through cinema language. The audiovisual document registers Duch’s words and body as he develops his narrative, playing cunningly with contrition and deceit. The construction of this narrative and its deconstruction by Panh can be more fully understood by comparing some film scenes with other footage shot before, during and after the hearings. In sum, this ‘chamber film’ permits us to analyse two voices: that of the perpetrator, including his narrative and body language; and the invisible voice of the survivor that expresses itself through editing, sound effects, and montage. Keywords: Perpetrator, audiovisual testimony, body language, cinema, Khmer Rouge, Cambodia Gémir, pleurer, prier est également lâche. Fais énergiquement ta longue et lourde tâche Dans la voie où le Sort a voulu t’appeler. -
The Complexities of Representing the Cambodian Genocide (2016)
The Complexities of Representing the Cambodian Genocide (2016) The twentieth century saw many genocides; Europe, Asia, Africa, South and Central America all suffered brutal efforts to exterminate and erase whole populations. One might think that in the century of the ubiquitous camera that documentation of these events would be thorough but the perpetrators, well aware of their actions and potential reaction, often forbid or destroyed documentation. Nonetheless, even with only a few images, documents, and first-hand stories we can begin to piece together what happened and how it happened. This source material has been fodder for filmic documentaries and fictional Hollywood productions. We have testimonies, academic studies, and photographs. All together, these representations and re- presentations enable us to peer into the darker side of human behavior presumably with the hope of not allowing these events to ever happen again. But, it is not so simple; the representation of genocide is a complex matter. It raises many questions: What end do the representations serve? Can it be too graphic or not graphic enough? Do the images serve only shock value or can we learn something truly valuable? Do the artifacts of genocide elicit compassion or fear or anxiety? Does it do justice to history, to our memory, and to the memory of those who experienced genocide first hand to exhibit these images? In this paper I will consider two drastically different but related representations of the Cambodian genocide: Rithy Panh’s documentary S21: The Khmer Rouge Killing Machine (2003) and Photographs From S-21: 1975-1979 an exhibit at the Museum of Modern Art (MOMA) in 1997. -
Exemplars in Under-5 Mortality: Cambodia Case Study
Exemplars in Under-5 Mortality: Cambodia Case Study Dr. Lisa R Hirschhorn1,2, Amelia VanderZanden1, Kelechi Udoh1, Jovial Thomas Ntawukuriryayo1, Dr. Agnes Binagwaho1 1 University of Global Health Equity 2 Feinberg School of Medicine, Northwestern University 28 February 2020 Table of Contents LIST OF TABLES .................................................................................................................................................... 3 LIST OF FIGURES .................................................................................................................................................. 5 ACKNOWLEDGEMENTS ........................................................................................................................................ 6 ABBREVIATIONS .................................................................................................................................................. 7 1 EXECUTIVE SUMMARY ..................................................................................................................................... 10 1.1 Background ............................................................................................................................................................ 10 1.2 Key Findings ........................................................................................................................................................... 12 1.3 Cross-Cutting Contextual Factors ........................................................................................................................