One of the most distinct features of the Extraordinary Chambers in the Courts of Cambodia (ECCC) is that it combines an extensive victim participation scheme with a reparations mandate, although civil parties are limited to seeking 'collective and moral reparations'. This article looks at recent developments in the ECCC's collective reparations mandate and the result of the Court's first trial in which no tangible reparations were awarded to civil parties. It will then examine recent rule amendments under which the Victims Support Section was given responsibility for designing and implementing reparations projects for civil parties and other non-judicial measures addressing the broader interests of victims. Based on these developments, the article discusses the main challenges for implementing collective reparations in Cambodia and beyond. The article concludes with some preliminary observations and lessons following the completion of the ECCC's first trial.
This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.
More than 75 per cent of the world’s known stateless belong to minorities. Building upon ethnographic research conducted between 2008–2017, this paper considers the case of ethnic Vietnamese minority populations in Cambodia. Members of this group are long-term residents, having been born and raised in the country for generations, with the exception of the period during the Khmer Rouge regime when they were forcibly deported to Vietnam. Since their return to Cambodia in the early 1980s, individuals from this group have been regarded by Cambodian authorities as ‘immigrants’. This paper examines how discriminatory policies, laws and administrative practices regulate individual and collective identities, while creating categories that determine social inclusion and exclusion. In doing so, this paper makes visible the ambivalence of law and rights – both as tools for the construction of exclusionary citizenship, but also as instruments which minorities to contest their social exclusion.
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