War Crimes Accountability: Justice and Reconciliation in Cambodia and East Timor?

Abstract

The end of the Cold War witnessed a renewed attempt to deal with massive human rights violations. Efforts to establish accountability in Cambodia and East Timor through war crimes tribunals or truth commissions regarding the Khmer Rouge and Suharto's Indonesia have been obstructed by domestic forces and outside powers. Since the domestic courts lack impartiality and resources, tribunals and truth commissions must be integrated in a comprehensive and international manner to administer justice and begin the process of reconciliation. Dilemmas of justice versus peace, and amnesty versus accountability are subordinate to the role of great powers. Thus, individual criminal responsibility must apply to those directly responsible but also to the decision-makers of great power patrons such as China and the United States, which aided the Khmer Rouge and Indonesian military, respectively. Therefore, the time span of the conflict must be broadly defined to incorporate the harmful role of all actors.