Law Commons^™

A Collective Response To Mass Violence: Reparations And Healing In Cambodia, In Bringing The Khmer Rouge To Justice: Prosecuting Mass Violence Before The Cambodian Courts, Beth Van Schaack, Jaya Ramji-Nogales

Faculty Publications

This piece (authored by Jaya Ramji-Nogales) examines an area long neglected in current discussions of Khmer Rouge accountability-reparations for victims. It discusses the Khmer Rouge tribunal law's silence on this matter and presents several arguments, drawing on international human rights law, for the tribunal's awarding of reparations notwithstanding this textual blindspot. The chapter then reviews the various goals reparations can achieve-restitution, rehabilitation, and reconciliation; the types of reparations that can be awarded; and the mechanisms, individual versus collective, that can be used to distribute reparations. Turning to the Cambodian context, it emphasizes the need for a comprehensive study to understand …