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International Law

American University Washington College of Law

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2020

Extraordinary Chambers in the Courts of Cambodia

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Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher Jun 2020

Worth The Effort?: Assessing The Khmer Rouge Tribunal, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer …