Abstract

This essay explores the potential impact of Cambodia’s July 2018 re-election of its long-serving prime minister, Hun Sen, on the Extraordinary Chambers in the Courts of Cambodia (the “ECCC”). The ECCC is a “hybrid” international criminal tribunal jointly established by the United Nations and the Cambodian Government. Its stated purpose is to prosecute those most responsible for the atrocities committed by the Khmer Rouge during the Cambodian Revolution (1975-1979). Since the establishment of the ECCC in 2006, Hun Sen has proven a vital force in preventing prosecutions, and through schemes of bribery and corruption, has staffed the Tribunal with Cambodian judges to fulfill his wishes. This essay briefly examines the tumultuous history of the ECCC and Hun Sen’s overbearing involvement in the Tribunal. The essay further explores the ECCC’s recent politically-charged decisions dismissing charges against one of the Tribunal’s few defendants for lack of personal jurisdiction, and the prescient impact of these decisions on the future of the Tribunal. The essay concludes that Hun Sen’s globally criticized re-election – the product of intimidation and oppression – sounds the death knell for the ECCC.

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