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Minnesota Journal of International Law (vol. 28:2 to present)

Authors

Choongman Lee

Abstract

This note critically examines the effectiveness of the Extraordinary Chambers in the Courts of Cambodia (“ECCC”), in achieving justice against members of the Democratic Kampuchea, also known as the Khmer Rouge, and explores areas where the ECCC could influence international criminal law in the future. The analysis explores the structural flaws, political interference, and challenges faced by the ECCC, particularly in Cases 003 and 004. Despite these challenges, the court successfully convicted three individuals in Cases 001 and 002, providing a degree of justice for victims. Also, the ECCC’s unique features, such as the super-majority rule, victim-centered approach, and residual functions, offer insights into how future international tribunals could be better organized and structured. Ultimately, this note highlights the ECCC’s journey amidst several limitations and emphasizes the lessons international communities could learn from the ECCC.

Volume

34

Issue

2

Page Number

355

Included in

Law Commons

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