Abstract
Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!
Highlights
The Khmer Rouge had a devastating impact on the Cambodian judicial system
While issues pertaining to impunity exist,[12] they are beyond the scope of this article, which focuses on corruption,[13] political interference and the judiciary’s poor record on protecting fair trial rights
The Extraordinary Chambers in the Courts of Cambodia (ECCC) has undertaken a number of initiatives aimed at enhancing the capacity of the national judiciary, adherence to fair trial rights and standards of justice
Summary
The Khmer Rouge had a devastating impact on the Cambodian judicial system. The regime attempted to exterminate the country’s intellectuals and when the Khmer Rouge fell in 1979, there were only ten qualified lawyers in the country.[1]. This article seeks to determine the likely impact of the ECCC on Cambodia’s judicial system, focusing on fair trial rights and political interference. It is the reasoned opinion of the authors that unless there is the political will for reform on the part of the RGC, the ECCC can only have minimal impact on the domestic system. While the ECCC may positively impact fair trial rights protection, it will do little to alleviate the more overarching problem of political interference in Cambodian courts The article makes this argument by first examining problems endemic in the Cambodian legal system so as to underscore the deficiencies which it is hoped the ECCC can alleviate to some degree. Elements of the ECCC’s legacy that will affect the domestic judiciary positively are scrutinised, followed by an examination of the issues undermining the legitimacy of the ECCC and its potential to effect positive change
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