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8/11/2019 The Politics of Transitional Justice in Cambodia
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The Politics of
Transitional Justice in Cambodia
Sophal Ear, PhD
Assistant ProfessorUS Naval Postgraduate School
5 November 2011
Columbia University
The views expressed do not reflect the views of the Department of Navy or the Department of
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A Story in Five Acts
1.
Background
2.
What was agreed3.
What Cambodian authorities wanted
4. What Internationals wanted5.
A Verdict
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Act 1: Background
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Once upon a time ... there was a regime so evil that it created an antisociety
where torture
was currency and music , books , and love
were abolished . This regime ruled for four years and murdered nearly 2 million of its citizens, a quarter of the population .
CAMBODIA
Michael Paterniti (2009)
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What did the world do?
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Four Elections Later
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2006
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Act 2: What was agreed
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senior leaders and those most responsible
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Act 3: What Cambodian authorities wanted
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Khieu Samphan PM Hun Sen Nuon Chea
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Act 4: What Internationals wanted
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But what did they get?
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the national
government
has
said they dont want cases [003 and 004], the internationals
really dont want to fund the cases, theres a feeling that they arent going to happen for
political reasons and not so much for legal reasons
Anne Heindel, Legal Advisor,
Documentation Center of Cambodia, 2 September 2011
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Cambodian CoProsecutor Chea Leang Former International CoInvestigating Judge Sigfried Blun
Cambodian CoInvestigating Judge You Bunleng
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The Legal Counsel strongly
urged the [RGC] to refrain from statements opposing the progress of Cases 003 and 004 and to refrain from interfering in any way
whatsoever with the judicial process. She emphasised the obligation of the [RGC] to cooperate fully with the ECCC.
UN
Statement 20 October 2011
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Act 5: A Verdict
U t 16 000
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Up to 16,000
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TUOL SLENGS DIRECTOR, DUCH, CONFESSED AT KHMER ROUGE TRIBUNAL IN CAMBODIA, 2009.
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VERDICT: GUILTY
DEATHS: 12,273+
SENTENCE: 35 YEARS (REDUCED TO 19 FOR
TIME ALREADY SERVED)
APPEALING.
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MADOFF: 150 YEARS
KILLED: 0; US$65 BILLION FRAUD
NOT APPEALING.
J dg D Chi
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Judge Denny Chin ...noted that 20 or 25years would effectivelybe a life sentence, but
he reasoned that thesymbolism of the
longer term wasimportant, given theenormity of thecrimes.
New York Times
28 June 2011
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My mom, Cam Youk LimJune 1936-October 2009
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Thank you.
SophalSophal Ear Ear
[email protected]@nps.edu
http://http:// faculty.nps.edufaculty.nps.edu /sear /sear
mailto:[email protected]:[email protected]://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searhttp://faculty.nps.edu/searmailto:[email protected]