How to go to Court

The Extraordinary Chambers of the Courts of Cambodia (also known as the ECCC or the Khmer Rouge Tribunal) is the legislative answer to a major problem facing many post-conflict situations; "what should we do with the bad guys?" The ECCC follows behind examples such as the International Criminal Court in The Hague, the Rwanda Tribunal, or former Yugoslavia trials. It's an honorable intention. One could scarcely contest; prosecuting those responsible for genocide, crimes against humanity, war crimes, destruction of historical/cultural property, or grave breeches of the 1949 Geneva Conventions. Conceptually, we all believe in the ECCC.

After years of complicated negotiations, the ECCC was operational in 2007. Cambodia disproved of the idea of using an international court system so together with the UN, a “hybrid court” was agreed upon consisting of international and Khmer judges which would apply both international humanitarian law and Khmer law. The intention was to focus on “key leaders” committing crimes from 1975 through 1979. However, thus far there has only been one case. Three more trials are underway. After these three, the court will be disbanded, a direct order form the Cambodian government. So $149.9 million USD, one conviction, and possibly three more, is it pointless?

The ECCC was born into a dysfunctional family. It’s largest hindrance is that so many individuals with Khmer Rouge connections are still in the Cambodian political system. Uprooting information on any one KR leader could potentially uproot the entire system. It’s a dangerous game for the ruling party and the prime minister who have been in power since 1990, and have questionable connections prior to that year.

There are other issues with the ECCC. Allegations exist that only individuals connected with the ruling political party are employed there. The judges both international and Khmer are frequently cycled out, or denied appointments. Many international members of the court have resigned, most of whom are to gracious to share their grievances with the public. Those who have, are angry. Public support has always been incredibly low for the ECCC. Most people appear unaware it’s even happening, or incredibly skeptical if they do know anything. The court system in Cambodia is fundamentally flawed. Even this internationally sanctioned court half filled with international judges isn’t enough to persuade the public of its value. If all of this wasn’t enough, while it’s rarely expressed openly, people would rather sweep this nasty KR business under the rug and move on. It’s too much to look at that disaster in the face.

I didn’t realize any of this was happening until I went to a part of the trial on Tuesday. It’s a surreal experience, watching the proceedings behind glass with real-life translation over your headset. It all seems so professional, so 21^st century, exactly the way the world should be, where genocide is a serious offence that has serious consequences. But then you do your research, and you hear the rumors, and you realize everyone’s hands on all sides are tied by either formal legal proceedings or by shadows of the KR. It’s all so sad. The Khmer Rouge in many ways seems to live on.