Expectations, Challenges and Opportunities of the ECCC

  • Jeudy OeungEmail author
Part of the International Criminal Justice Series book series (ICJS, volume 6)


The atrocities committed during the Khmer Rouge reign have never been forgotten. The ECCC was established by the Cambodian government and the United Nations to bring to justice those who are the most responsible for these crimes. Having such a special tribunal existing in the country where the crimes were committed raises high and different expectations among the Cambodian people, especially the victims participating in the trial proceedings as civil parties. These expectations include active participation in the truth finding, obtaining justice, acknowledgment and support, reconciliation and reparations. On the way towards ‘justice’, there are numerous challenges legally, financially and politically, especially given the advanced age and frail health of the two remaining senior Khmer Rouge leaders in Case 002. In addition the ECCC still faces uncertainties with respect to Cases 003 and 004. Nevertheless, there are opportunities to overcome these challenges by the ECCC itself and with the contribution of its supporters including the Cambodian government, the United Nations and NGOs to ensure a proper administration of justice and to leave a positive legacy for the domestic courts.


Reconciliation Legacy Reparations Victim participation Victim support Political interference 


  1. Bates A (2010) Transitional Justice in Cambodia: Analytical Report. ATLAS Project/British Institute of International Comparative Law, ParisGoogle Scholar
  2. Charles V (2004) Restorative justice. In: Villa-Vicencio C, Doxander E (ed) Pieces of the Puzzle: Keywords on reconciliation and transitional justice, Rondebosch, Cape Town, pp 33–38Google Scholar
  3. Ciorciari J, Ramji-Nogales J (2012) Lessons from Cambodia Experience with Truth and Reconciliation. Buffalo Human Rights Review 19:193–217Google Scholar
  4. Fatily S, Poole S, Senghul H (2014) Memory and the Khmer Rouge Tribunal. Cambodia Law and Policy Journal 1:97-106Google Scholar
  5. Kirchenbauer N, Balthazard M, Ky L, Vinck P, Pham P (2013) Victim Participation Before the ECCC: Baseline Study of ADHOC’s Civil Party Scheme for Case 002Google Scholar
  6. Linton S (2004) Reconciliation in Cambodia. Documentation Center of Cambodia, Phnom PenhGoogle Scholar
  7. 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 Principle. Leiden Journal of International Law 22:127–149Google Scholar
  8. Meirio A (undated) Transitional Justice and Reconciliation in Cambodia: The Perspective of Survivors. The Asian Scholar, Issue No. 7 Accessed 15 June 2015
  9. Meisenberg S, Stegmiller I, Oeung J (2012) Conference Report on Hybrid Perspectives on the Legacies of the Extraordinary Chambers in the Courts of Cambodia, ECCC/CHRAC, Phnom PenhGoogle Scholar
  10. Niroshika Vaz A (2009) The Path to Reconciliation in Cambodia. Documentation Center of Cambodia, Phnom PenhGoogle Scholar
  11. Pham P, Vinck P, Balthazard M, Strasser J, Om C (2011) Victim Participation and the Trial of Duch at the ECCC. Journal of Human Rights Practice 3:264–287Google Scholar
  12. Pham P, Vinck P, Balthazard M, Hean S, Stover E (2009) So We Will Never Forget- A population based survey on attitude about social reconstruction and the Extraordinary Chambers in the Courts of Cambodia, Human Rights Center, University of California Berkley. Accessed 15 June 2015
  13. Sperfeldt C (2009) Reparations for Victims of the Khmer Rouge, OTJR Working Paper Series Accessed 15 June 2015

Copyright information

© T.M.C. Asser Press and the authors 2016

Authors and Affiliations

  1. 1.Embassy of SwedenPhnom PenhCambodia

Personalised recommendations