Issues of Sexual and Gender-Based Violence at the ECCC

Abstract

This chapter examines how the Extraordinary Chambers in the Courts of Cambodia have—and have not—addressed sexual and gender-based crimes under the Khmer Rouge regime. It begins with a brief exploration of what was known about sexual and gender-based violence under the Khmer Rouge when the ECCC began operation, and how negation of this knowledge seriously impacted the court’s initial investigations. It then turns to an examination of how forced marriage came to be addressed as a crime against humanity in Case 002. This section evaluates the ECCC’s analysis of forced marriage as an inhumane act, which represents a positive addition to the understanding of forced marriage in international criminal law. However, it also highlights the current gaps that still need to be addressed, including the definition and classification of forced marriage. The chapter subsequently examines how the ECCC has considered rape as a crime against humanity. This story is not as positive. The court has narrowly prescribed the acts of rape that can be considered in Case 002/02 to rapes within forced marriages, likely affecting Case 004’s allegations of rape outside of forced marriages. It has also determined that rape was not considered a specific crime against humanity in 1975. The chapter ends with an inquiry into the ECCC’s likely legacy on sexual and gender-based crimes.