In an interesting turn of events, particularly for a lawyer schooled in the common law tradition,
investigating judges from the Extraordinary Chambers in the Courts of Cambodia (ECCC)
travelled Wednesday to the former Khmer Rouge stronghold of Pailin to
host a town-hall style meeting. In earlier
efforts to interview Pailin residents, both Cambodian and international judges had faced recalcitrance from locals possibly concerned that they might fall under the jurisdiction of the court. Given the tribunal's
need for testimony from former Khmer Rouge cadre, the judges decided to hold an infor
mational meeting to explain the limited jurisdiction of the court, which is focused on "those most responsible" for the crimes of the regime. While that phrase has yet to be precisely defined, the
court officials reportedly assured lower-ranking cadre that they would not be prosecuted. NGOs have already played an unusually large role in conducting outreach around the Khmer Rouge tribunal, both through field visits to explain the mandate and process of the court and by bringing both victims and perpetrators to visit the court. But it is startling to see the judges get in on the game; while investigating judges have played a role in criminal cases for some time in continental Europe, their use is
diminishing due to concerns about effectiveness and impartiality. The ECCC is the
only international criminal tribunal to deploy investigating judges. As a recent article
argues, perhaps the
investigatory role is appropriate in international criminal law cases, where courts face complex factual and legal scenarios, counterproductive adversariality between the prosecution and the defense, accusations of political bias, and the participation of victims throughout the process. But is outreach, including promises about the limits of prosecution, an appropriate part of that role?
(photo credit AFP)
In an interesting turn of events, particularly for a lawyer schooled in the common law tradition, investigating judges from the Extraordinary Chambers in the Courts of Cambodia (ECCC) travelled Wednesday to the former Khmer Rouge stronghold of Pailin to host a town-hall style meeting. In earlier efforts to interview Pailin residents, both Cambodian and international judges had faced recalcitrance from locals possibly concerned that they might fall under the jurisdiction of the court. Given the tribunal's need for testimony from former Khmer Rouge cadre, the judges decided to hold an infor
mational meeting to explain the limited jurisdiction of the court, which is focused on "those most responsible" for the crimes of the regime. While that phrase has yet to be precisely defined, the court officials reportedly assured lower-ranking cadre that they would not be prosecuted. NGOs have already played an unusually large role in conducting outreach around the Khmer Rouge tribunal, both through field visits to explain the mandate and process of the court and by bringing both victims and perpetrators to visit the court. But it is startling to see the judges get in on the game; while investigating judges have played a role in criminal cases for some time in continental Europe, their use is diminishing due to concerns about effectiveness and impartiality. The ECCC is the only international criminal tribunal to deploy investigating judges. As a recent article argues, perhaps the investigatory role is appropriate in international criminal law cases, where courts face complex factual and legal scenarios, counterproductive adversariality between the prosecution and the defense, accusations of political bias, and the participation of victims throughout the process. But is outreach, including promises about the limits of prosecution, an appropriate part of that role? (photo credit AFP)
