Victim participation at the Extraordinary Chambers in the Courts of Cambodia: are retributive and restorative principles enhancing the prospect for justice?

Abstract

This article assesses the utility of victim participation in the trials before the Extraordinary Chambers in the Courts of Cambodia, in fostering reconciliation and realizing restorative justice. Specifically, it investigates the parameters of a legal mechanism designed to give ‘victims of atrocity’ a voice, whilst striking a vital balance between rights of victims and rights of defendants to a fair trial. Where participation affords victims the opportunity to present their views and observations, thereby enhancing prospects for retributive and restorative justice, this article submits that participation affords the international community an historic opportunity to meet Rome Statute objectives to ‘not only to bring criminals to justice but also to help the victims themselves obtain justice’ (See Victims Witness Section at the ICC, < www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Victims>). Indeed while concrete benefits of participation remain to be seen, victim participation in the ECCC's case offers promise for breaking new ground, setting international standards and establishing precedence for other ad hoc and hybrid tribunals as well as the permanent International Criminal Court.