RE-ENVISIONING TRANSITIONAL JUSTICE IN CAMBODIA

Abstract

The Khmer Rouge genocide in Cambodia took place between 1975 and 1979, decimating an estimate of 1.7 million people in one of the deadliest Communist revolutions in the world. In 2006, the Extraordinary Chambers in the Courts of Cambodia (ECCC), a hybrid criminal tribunal, was created to redress the legacy of harms and impunity left by the Khmer Rouge. Despite these efforts, the people of Cambodia have yet to see justice delivered. I contend this is because Cambodia’s transitional justice program exclusively focuses on retributive justice and neglects restorative justice. To prove this, I first present a discussion on contemporary transitional justice practices. Next, I detail the rise, reign, and fall of the Khmer Rouge. From there, I trace the emergence of the post-conflict state, from the 1980s till the installation of the ECCC in 2006. I examine internal challenges faced by the ECCC, before turning to a broader analysis of where Cambodia stands today in relation to transitional justice goals. I conclude with recommendations for Cambodian transitional justice moving forward–a holistic approach based on the restorative practices of reconstruction, reparations, and reconciliation.