Beyond Repair?: Collective and Moral Reparations at the Khmer Rouge Tribunal

Abstract

Instituted to try serious crimes committed during the Khmer Rouge period, including genocide, crimes against humanity, and war crimes, the Extraordinary Chambers in the Courts of Cambodia (ECCC) has been heralded as an historic opportunity for the Court to develop international jurisprudence on reparations and to provide a workable model for how best to address victims’ rights in international criminal trials. At the end of Case 001, however, the Court seems to have fallen well short of those expectations. This article examines how and why the ECCC failed to live up to the high expectations that accompanied its institution. It argues that political pressure, financial constraints, and the absence of a clear understanding of what “collective and moral reparations” entail have all contributed to the Court's failure to realize its original intention to advance the international reparations agenda.