Abstract
This chapter considers how the Khmer Rouge Tribunal, known formally as the Extraordinary Chambers in the Courts of Cambodia (ECCC), has shaped victimhood in Cambodia. Firstly, it examines the failure of the ECCC to meet victims’ expectations, which led to victims mobilising and working together to publicly voice their protest. It shows that victims were far from a unified group on a number of issues. The non-judicial projects implemented by the Victims Support Section divided victims with differing opinions on appropriate memorialisation. Similarly, victims were also in disagreement on the types of acceptable reparations. With the ECCC unable to provide an adequate forum for the expression of victimhood, the second part of the chapter looks beyond the ECCC. It examines the stories of three different survivors and how they claimed their victimhood without participating as civil parties at the ECCC. It finally explores the work of NGOs and the problem of representing victimhood in the country and how local commemoration and grassroots projects by NGOs provide a community alternative for victims.
[the tribunal] is what Cambodian people have been waiting for… I myself, especially what happened to my family members still haunts me until today, I still have nightmares about that. It is still very recent, [even] after 30 years.
Civil party from Pursat province (Author interview, 2011b).
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
The Khmer Rouge renamed Cambodia as Democratic Kampuchea during their period of rule.
- 2.
Due to illness and death only Nuon Chea, former Chairman of the Democratic Kampuchea National Assembly and Deputy Secretary of the Communist Party of Kampuchea, and Khieu Samphan, former Head of State of Democratic Kampuchea were put on trial in cases 002/01 and 002/02. Ieng Sary died in March 2013 and his wife Ieng Thirith had been found unfit to stand trial in 2011.
- 3.
- 4.
In practice, due to the way the civil parties were grouped, eight lawyers could be questioning witnesses on behalf of the civil parties in addition to the judges, co-prosecutors and defence. Unfortunately, a lack of coordination between the civil party lawyers resulted in repetitive questioning.
- 5.
The written decision was made available in October 2009.
- 6.
Ten were subsequently awarded civil party status by the Supreme Court on appeal.
- 7.
The only reparations awarded were the civil parties’ names published in the judgement and a compilation of Duch’s apologies during the trial to be compiled and distributed.
- 8.
Following this change, 13 reparations projects were put forward by civil party lawyers in Case 002/01.
- 9.
- 10.
Sometimes spelled Chim Math.
- 11.
- 12.
Gready and Robins’ definition of transformative justice seeks an alternative path to transitional justice, using a bottom-up approach in order to effect transformative change, focusing on the social and political rather than the legal and challenging structures of exclusion at the local and global level.
References
A Pioneering New Institute and Genocide Memorial Designed by Zaha Hadid Architects. (n.d.). Retrieved from http://www.cambodiasri.org/sites/default/files/SRI%20Press%20Release%20English_1.pdf
Author interview. (2010). Phnom Penh.
Author interview. (2011a, December). Civil party from Battambang province quoted in Johanna Herman (2014).
Author interview. (2011b, December). Civil party from Pursat quoted in Johanna Herman (2014).
Author interview. (2011c, December). Civil party from Kampong Speu quoted in Johanna Herman (2014).
Bickford, L. (2007). Unofficial truth projects. Human Rights Quarterly, 29(4), 994–1035.
Chandler, D. (2008). Cambodia deals with its past: Collective memory, demonization and induced amnesia. Totalitarian Movements and Political Religions, 9(2–3), 355–369.
Cheang, S. (2009, August 31). Khmer Rouge victims boycott tribunal in Cambodia. Associated Press. Retrieved from http://www.genocidewatch.org/images/Cambodia_09_08_31_Khmer_Rouge_victims_boycott_tribunal_in_Cambodia.pdf
Chhang, Y. (2011, September 5). Vann Nath: Witness of history. Retrieved from http://www.d.dccam.org/Archives/Interviews/Sample_Interviews/Victims/pdf/DCCam_Letter_of_Condolence_for_Vann_Nath.pdf
Danish Institute Against Torture. (2010, July 28). Torture—Testimonial Therapy—Justice—Cambodia [Blog post]. Retrieved from https://dignityinstitute.org/news-and-events/news/2010/torture-testimonial-therapy-justice-cambodia/
Elander, M. (2013). The victim’s address: Expressivism and the victim at the extraordinary chambers in the Courts of Cambodia. The International Journal of Transitional Justice, 7(1), 95–115.
Fitch Little, H. (2015, April 16). Forty years after genocide, Cambodia finds complicated truth hard to bear. The Guardian. Retrieved from http://www.theguardian.com/world/2015/apr/16/forty-years-after-genocide-cambodia-finds-complicated-truth-hard-to-bear
Gée, S. (2009a, September 9). Civil parties boycotting the trial while judges are divided and tense up [Blog post]. Retrieved from http://khmernz.blogspot.co.uk/2009/09/civil-parties-boycotting-trial-while.html
Gée, S. (2009b, May 15). Interview with Phung Guth Sunthary: When a civil party looks at Duch’s trial. Retrieved from http://www.cambodiatribunal.org/sites/default/files/news/interview_with_phung_guth_sunthary_5_15_09.pdf
Gready, P., & Robins, S. (2014). From transitional to transformative justice: A new agenda for practice. The International Journal of Transitional Justice, 8(3), 339–361.
Herman, J. (2010). Reaching for justice: The participation of victims at the Extraordinary Chambers in the Courts of Cambodia (Centre on Human Rights in Conflict Policy Paper No 5). Retrieved from http://roar.uel.ac.uk/1043/
Herman, J. (2013). Realities of victim participation: The civil party system in practice at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Contemporary Justice Review, 16(4), 461–481.
Herman, J. (2014). Local voices in internationalised justice: The experience of civil parties in the Extraordinary Chambers in the Courts of Cambodia (Centre on Human Rights in Conflict Research Report). Retrieved from http://roar.uel.ac.uk/3629/
Hinton, A. (2014). Justice and time at the Khmer Rouge Tribunal: In memory of Vann Nath, Painter and S-21 Survivor. Genocide Studies and Prevention, 8(2), 7–17.
Hughes, R. (2015). Ordinary theatre and extraordinary law at the Khmer Rouge Tribunal. Environment and Planning D: Society and Space, 33(4), 714–731.
Internal Rules, Extraordinary Chambers in the Courts of Cambodia. (2007, June). Retrieved from https://www.eccc.gov.kh/sites/default/files/legal-documents/IR-Eng.pdf
Johnson, K., & Ham, S. (1998, December 31). Tuol Sleng survivors torn: Justice or Peace. The Cambodia Daily. Retrieved from https://www.cambodiadaily.com/archives/tuol-sleng-survivors-torn-justice-or-peace-12672/
Khet, L. (n.d.). Intergenerational dialogue: Connecting past and present in Cambodia at Youth for Peace. Retrieved from http://www.sitesofconscience.org/wp-content/uploads/2016/07/YFP-Connecting-the-Past-to-Present_Case-Study_FINAL.pdf
Kijewski, L. (2016a, April 21). S-21 and Choeng Ek guard testifies about executions. Cambodia Tribunal Monitor. Retrieved from http://www.cambodiatribunal.org/2016/04/21/s-21-and-choeung-ek-guard-testifies-about-executions/
Kijewski, L. (2016b, September 15). Former head of S-21 Photography Unit testifies. Cambodia Tribunal Monitor. Retrieved from http://www.cambodiatribunal.org/2016/09/15/former-head-of-s-21-photography-unit-testifies/
Law on the Establishment of the Extraordinary Chambers, with inclusion of amendments as promulgated on 27 October 2004 (NS/RKM/1004/006). Retrieved from https://www.eccc.gov.kh/sites/default/files/legal-documents/KR_Law_as_amended_27_Oct_2004_Eng.pdf
MacDonald, L. (2009a, July 1). Traumatized survivor painted Pol Pot amidst screams for help [Blog post], Retrieved from http://www.cambodiatribunal.org/sites/default/files/ctm_blog_7-1-2009.pdf
MacDonald, L. (2009b, July 8). Woman and child added to list of confirmed survivors of Duch’s secret detention facilities. Cambodia Tribunal Monitor. Retrieved from http://www.cambodiatribunal.org/sites/default/files/ctm_blog_7-8-2009.pdf
McGonigle, B. (2009). Two for the price of one: Attempts by the Extraordinary Chambers in the Courts of Cambodia to combine retributive and restorative justice principles. Leiden Journal of International Law, 22(1), 127–149.
McPherson, P. (2014, May 9). Memorial plan prompts debate about victims and perpetrators of genocide, Phnom Penh Post. Retrieved from http://www.phnompenhpost.com/7days/memorial-plan-prompts-debate-about-victims-and-perpetrators-genocide
Mohan, M. (2012). The messaging effect: Eliciting credible historical evidence from victims of mass crimes. Asian and Business Rule of Law Initiative. Retrieved from http://ink.library.smu.edu.sg/cgi/viewcontent.cgi?article=1002&context=sol_aprl
Mydans, S. (2010, July 26). Anger in Cambodia over Khmer Rouge sentence, New York Times. Retrieved from http://www.nytimes.com/2010/07/27/world/asia/27cambodia.html?_r=0
Narim, K. (2015, March 6). S-21 photographer’s book sales banned at museum. The Cambodia Daily. Retrieved from https://www.cambodiadaily.com/archives/s-21-photographers-book-sales-banned-at-museum-79207/
Nguyen, L., & Sperfeldt, C. (2015). Victim participation and minorities in internationalised criminal trial: Ethnic Vietnamese civil parties at the Extraordinary Chambers in the Courts of Cambodia. RegNet Research Papers 68. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2570709
Pham, P., Vinck, P., Balthazard, M., Hean, S., & Stover, E. (2009). So we will never forget: A population-based survey of attitudes about social reconstruction and the Extraordinary Chambers in the Courts of Cambodia. Retrieved from Berkeley Human Rights Center website https://www.law.berkeley.edu/wp-content/uploads/2015/04/So-We-Will-Never-Forget-January-2009.pdf
Pheap, A., & Brito, M. P. (2015, March 27). At unveiling of S-21 stupa, Ambassador calls on youth. Cambodia Daily. Retrieved from https://www.cambodiadaily.com/archives/at-unveiling-of-s-21-stupa-ambassador-calls-on-youth-80841/
Radio Free Asia. (2015, March 26). Cambodia unveils Stupa at notorious Khmer Rouge death prison. Retrieved from http://www.rfa.org/english/news/cambodia/cambodia-stupa-03262015162106.html
Rosenfield, K. (2014, October 10). Sleuk Rith Institute/Zaha Hadid Architects. Retrieved from http://www.archdaily.com/555976/zaha-hadid-designs-five-wooden-towers-to-house-cambodian-genocide-institute
Saliba, M. (2009, August 31). Civil parties boycott start of character witness testimony while experts offer psychological assessment of Duch, Cambodia Tribunal Monitor. Retrieved from http://www.genocidewatch.org/images/Cambodia_09_08_31_Civil_Parties_Boycott_Start_of_Character_Witness_Testimony_While_Experts_Offer_Psychological_Assessment_of_Duch.pdf
Sion, B. (2011). Conflicting sites of memory in post-genocide Cambodia. Humanity, 2(1), 1–21.
Sloan, B. (2007, July 25). Unique Pol Pot survivor. Bangkok Post. Retrieved from http://www.cambodiatribunal.org/sites/default/files/news/Unique_Pol_Pot_Survivor_07_25_07.pdf
Sokheng, V. (2014, December 30). S-21’s En to release memoir. The Phnom Penh Post. Retrieved from http://www.phnompenhpost.com/national/s-21s-en-release-memoir
Sperfeldt, C. (2012). Cambodian civil society and Khmer Rouge Tribunal. The International Journal of Transitional Justice, 6(1), 149–160.
Studzinsky, S. (2011). Victim’s participation before the Extraordinary Chambers in the Courts of Cambodia. Retrieved from Zeitschrift für Internationale Strafrechtsdogmatik website http://www.zis-online.com/dat/artikel/2011_10_627.pdf
The Sleuk Rith Institute. (n.d.). http://www.cambodiasri.org/
Thomas, S. (2010, July 26). Report on Judgment in Case 001 Against Kaing Guek Eav (“Duch”)—July 26, 2010. Retrieved from DC-Cam website http://www.d.dccam.org/Projects/ECCC_Trial_Observation/pdf/Report_on_Judgment_in_Case_001_Against_Kaing_Guek_Eav.pdf
Thompson, A. (2013). Forgetting to remember, again: On curatorial practice and ‘Cambodian Art’ in the wake of genocide. Diacritics, 41(2), 82–109.
TPO Cambodia. (2016, September 28). TPO Cambodia Newsletter (Issue 11). Retrieved from http://tpocambodia.org/wp-content/uploads/2014/07/TPO-Newsletter-11-issue-28-Sept-2016.pdf
TPO Cambodia. (n.d.). Justice and relief for survivors of the Khmer Rouge. Retrieved from http://tpocambodia.org/justice-and-relief-for-survivors-of-the-khmer-rouge/
van Schaack, B. (2011, September 6). In memoriam: Vann Nath [Blog post]. Retrieved from http://www.intlawgrrls.com/2011/09/in-memoriam-vann-nath.html
Victims Support Section. (2013). ECCC Reparation Program 2013–2017: For the victims of the Khmer Rouge regime 1975–1979. Retrieved from http://vss.eccc.gov.kh/images/stories/2014/Reparation.pdf
VOA Cambodia. (2007, August 3). Purported survivor claims she was tortured in Tuol Sleng. Retrieved from http://www.voacambodia.com/content/a-40-2007-08-03-voa1-90147847/1353610.html
Wallace, J., & Naren, K. (2015, January 14). Khmer Rouge victims seek cash damages and to honour their dead. International Justice Tribune. Retrieved from https://www.justicetribune.com/issues/ijt-173
White, C. (2014). Making reparation for Khmer Rouge crimes at the Extraordinary Chambers in the courts of Cambodia. RegNet Research Papers, 47. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2497839
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2018 The Author(s)
About this chapter
Cite this chapter
Herman, J. (2018). Uncooked Rice: Justice and Victimhood at the Extraordinary Chambers in the Courts of Cambodia and Beyond. In: Druliolle, V., Brett, R. (eds) The Politics of Victimhood in Post-conflict Societies. St Antony's Series. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-70202-5_8
Download citation
DOI: https://doi.org/10.1007/978-3-319-70202-5_8
Published:
Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-319-70201-8
Online ISBN: 978-3-319-70202-5
eBook Packages: Political Science and International StudiesPolitical Science and International Studies (R0)