Jurnal HAM
Vol 15 No 3 (2024): Edisi Desember

Legacy Pengadilan Hibrida di Kamboja: Memajukan Peradilan yang Bebas dan Tidak Memihak?

Somaly Kum (Center for the Study of Humanitarian Law, partly of RWI, Royal University of Law and Economic)



Article Info

Publish Date
18 Dec 2024

Abstract

The mandate of the Extraordinary Chambers in the Courts of Cambodia (ECCC) concluded in 2022, marking the end of its nearly two-decade presence in Cambodia. Established as a hybrid court through a collaboration between the Cambodian government and the United Nations, the ECCC operated under a unique framework combining foreign and domestic laws, personnel, and judges. While the caseload of the court ended in early 2022, there are remaining legacies for Cambodians. This research investigates the legacy of the ECCC concerning fair trial rights and examines how national staff apply their experiences from the ECCC in the national courts. The article relies on document analysis and in-depth interviews with seven former and current Cambodian domestic court staff who worked at the ECCC to analyze three elements of fair trial rights: the right to adequate time and facilities to prepare a defense, the right to legal representation and to be present at trial, and the right to presumption of innocence. This paper argues that the legacy of the ECCC lies in its contribution to build the national staff's capacity on fair trial rights in domestic courts in Cambodia. However, significant challenges remain, as the fair trial rights envisioned and put in place in the ECCC cannot be currently delivered by Cambodian domestic judicial system.

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Journal Info

Abbrev

ham

Publisher

Subject

Description

Focus and Scope Given that the study of human rights involves many scientific elements that are interdisciplinary in nature, Jurnal HAM accepts submissions of scientific articles discussing human rights in Indonesia and beyond from the lens of, but not limited to, legal studies, social sciences, ...