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The Role of Extraordinary Chambers in the Courts of Cambodia in Trying Khmer Rouge Human Rights Offender in Cambodia

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The Role of Extraordinary Chambers in the Courts of Cambodia in Trying Khmer Rouge Human Rights Offender in Cambodia The Role of Extraordinary Chambers in the Courts of Cambodia in trying Khmer Rouge Human Rights Offender in Cambodia Ahza Arzanul Haq, Dea Putri Krisanti, Zein Ibnu Wiguna Department of International Relations, Faculty of Social and Political Sciences Universitas Sebelas Maret Surakarta, Indonesia [email protected], [email protected], [email protected] Article Abstract Information Submitted : February 3, 2020 Conflict often occurs when two or more interests are in contradiction and no Revised : May 18, 2020 Accepted : June 30, 2020 one wants to concede. We know a variety of conflicts today, from the conflict preexisting since a long time ago such as intertribal conflict to more modern conflict Keywords : such as a state’s tapping over another. The way of resolving conflict is also varying Khmer Rouge; Cambodia; according to the types of conflict, big conflict such as interstate conflict or the one ECCC; Humanity Crime; attracting the world’s attention, using more complex resolution and usually using the Human Right Violation third party. Therefore, a special organization will be founded to solve a conflict. One of organizations created to solve a conflict is the Extraordinary Chambers in The Courts of Cambodia (ECCC) aiming to try the war criminals during Khmer Rouge humanity crime incidence in 1975-1979. Humanity crime occurring in Cambodia is one of largest humanity tragedies in modern era post 2nd World War. This ECCC was founded because at that time Cambodia’s National Justice Institution could not try the perpetrator of humanity crime. Cambodian government along with UN then agreed to found a justice institution specifically aiming to deal with and to resolve Khmer Rouge case. I. INTRODUCTION attempted to create agrarian utopia in Cambodia so that he closed Cambodia Communist movement in Cambodia from international world and attempt to has emerged since French colonization era reconstruct Cambodia from zero. He in 1940s; this movement was inspired with removed currency and religion from Vietnamese communistic movement under Cambodia, led Cambodia citizens from French colonization at that time. Then, urban to rural areas and forced them to Indochina war occurred in 1950s, farm and to breed cattle inhumanely, in presupposed to trigger the communistic turn resulting in two millions deaths due spirit in both Cambodia and Vietnam. to fatigue, disease, and mistreatment Next, Kampuchea Communistic Party led committed by Khmer Rouge troops against by dictatorial leader, Pol Pot. Cambodia civil Cambodians. Communistic Party embarked on its movement and based amid the jungle and Furthermore, a fact was found that in mountains area in the North East part Khmer Rouge regime also committed of Cambodia. The party formerly had only massive annihilation or genocide against few followers then changed into the one Vietnamese ethnics living in Cambodia and with big power when Lon Nol overthrew Muslim group in Cambodia. The Prince Norodom Sihanouk’s reign. annihilation of Vietnamese race was due to Khmer Rouge regime’s resentment against Then, Cambodian Communist Party this ethnic because at that time Cambodia coalesced with Norodom Sihanouk to fight was in conflict with Vietnam related to against Lon Nol’s government and communism they adhere to. Meanwhile, successfully defeated the government. It the annihilation of Muslims was due to designated the beginning of Pol Pot their resentment against Muslims government regime, so called Khmer Rouge considered as reactionary religion resisting government era. At that time, Pol Pot many policies developed by Pol Pot, 37 thereby considered as inhibiting the Khmer Rouge could dominate Cambodia development of communism tried to be and what could actually occur during constructed by this Khmer Rouge regime. Khmer Rouge reign until today still considered as the biggest genocide event in The dark period ended in 1979 when the world. Method of collecting data used Vietnam successfully defeated Khmer by the author was library study technique, Rouge, so that Khmer Rouge elites by which primary and secondary sources alienated to the forest. The officials of were collected from book, journal, article, Khmer Rouge were successfully arrested policy, and official website. one by one. However, the justice process against the suspect cannot run well because Cambodian National Justice II. ANALYSIS Institution was considered less strong. Thus, Khmer Rouge elites often were not A. History of Khmer Rouge’s Reign present in the trial. in Cambodia Therefore, finally Cambodia Khmer Rouge was established in government asked UN for helping found a 1960s under Pol Pot’s leadership. This justice institution to deal with and to try organization is Kampuchea Communist Khmer Rouge elites, ECCC. The members Party’s wing constituting the substitutive of judge chamber consisted of only term for the word “Cambodia” [2]. In early Cambodians on Cambodian government’s period of its establishment, Khmer Rouge request, and added with law enforcers like is not a strong organization sounding judges and investigator team from strange to those living in Cambodian international justice institution. Those urban areas. Therefore, Khmer Rouge in its members of institution were expected to early period did not experience significant represent Cambodians until today still advance. feeling trauma due to what the Khmer In the attempt of dominating Rouge has done in the past. Cambodia, Khmer Rouge’s journey started I. METHODOLOGY with Prince Norodom Sihanouk was In this journal article, the author overthrown from his position as the head conducted a research using qualitative of Cambodia state. Since having been research method. Through this method, independent in 1954, Norodom Sihanouk the data presented consisted of sentences. was assigned to be the leader of Cambodia This method was intended to enable the when his political party named Sangkum author to understand the event occurring (he called it a movement rather than more in-depth. This research tried to political party) retrieved its domination analyze the role of Extraordinary Chambers after winning parliamentary election in in the Courts of Cambodia (ECCC) in trying 1955 [3]. His long reign was due to some the offenders of human rights during cause. In 1963 he forced National Khmer Rouge reign in Cambodia. Chamber of Cambodia to approve an amendment to constitution related to its The author employed historical tenure, the output of which made him the descriptive research on Khmer Rouge’s Head of State without permanent position. reign. Historical research, according to Surya Brata, is the one aiming to Norodom Sihanouk’s rule was reconstruct the past systematically and constructed in a variety of ways including objectively. Meanwhile, descriptive intimidation, political manipulation, and research is the one aiming to make maintaining right and left wing elements of description systematically, factually, and his government. This neutrality of accurately on an event [1]. The research Cambodia was also based on Geneva was conducted aiming to reveal how Conference held to cease war and to realize peace in Indochina. In the conference there 38 was an agreement entered into by France, because Sihanouk had many proponents. Vietnam, and Cambodia, related to the Most Sihanouk’s proponents live in rural withdrawal of all military powers from areas where people were still loyal to Cambodia on October 1954. Alternatively, Sihanouk and assumed that something the communist representative in Geneva wrong was occurring in Cambodia because conference wanted full neutrality from of Sihanouk’s overthrowing. After Khmer Cambodia to prevent American soldiers Rouge united with Norodom Sihanouk, a from coming into Cambodia [4]. war occurred between Kampuchea Communist Party and Cambodian However, the second Indochina war or government, so called Cambodian Civil called Vietnam War occurred in 1955, War. In his early reign, Lon Nol promised lasting for nearly 20 years. This war made that he will clean up Cambodia from Sihanouk in trouble in balancing the right Vietnamese communist troop. Through and left wings. In the election of 1966, such confrontation, he led Cambodia Sangkum’s political policy stating that entirely into Vietnamese conflict. One of each district might have one candidate Cambodian “cleaning-up” forms was the only was ignored. The effect of left wing was invasion of American and South getting stronger, and Lon Nol constituting Vietnamese task forces against east a right wing activist became the Prime Cambodian region on May 1970. However, Minister [5]. In 1969, Lon Nol and the the invasion against East Cambodian followers of right wing felt disappointed region was not fruitful because communist and frustrated when Sihanouk issued troops had retreated to Cambodian policy to tolerate Viet Cong and Vietnam western area. People Soldier activities in Cambodian border, and they could not accept it. With a series of invasions conducted by Lon Nol regime and followed with the In 1970, coming back after visiting cessation of hostilities agreement entered Peking and Moscow, Sihanouk was into in Paris along with America, the overthrown from his position as the Head proponents of North Vietnam decreased in of State by Lon Nol and Sisowath Sirik number in Cambodia in 1973. Matak. However, in this coup d’ etat Nevertheless, Cambodian Communist Sihanouk was not killed by Lon Nol and his troop declined to comply with the cessation cronies, and thereafter they established of hostilities consensus, so that they Republic of Khmer [6]. Knowing this, become the target of USA’s air invasion Khmer Rouge attempted to approach despite no war occurring between US and Norodom Sihanouk and tried to coalesce Cambodia at that time. Through such an with him. Sihanouk, at that time travelling invasion, the movement of Cambodian to Beijing, was recommended by China to communist troops was inhibited in Phnom oppose the coup d’etat conducted by Lon Penh. The invasion also harmed the Nol and to take over the government again. population-dense villages around the To do so, Sihanouk should ally with Capital.
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