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Legal Commentary
: PrawfsA Long Time Coming
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
This morning, the Cambodian genocide tribunal began to conduct its first formal hearing. This tribunal is unusual in that the defendants, former members of the Khmer Rouge, are being tried for crimes that occurred about 30 years ago (1975-79). The first defendant to appear, Kaing Guek Eay, has been charged with several crimes associated with his tenure as commandant of the notorious interrogation center Tuol Sleng.
For a great introduction to the history of the Cambodian genocide, you may want to check out Yale's Cambodian Genocide Program (http://www.yale.edu/cgp/) which has been instrumental in documenting the atrocities. You can also check out a nice discussion of the reparation issues particular to the cambodian tribunal and the need for an acommpanying truth and healing process in Jaya Ramji-Nogales's piece A Collective Response to Mass Violence: Reparations and Healing in Cambodia, in Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence Before the Cambodian Courts .
In looking back, though, it is important to remember to use these lessons in looking forward. While the situation has greatly improved, all is not well in Cambodia. Although the current leader Mr. Hun Sen was recently re-elected, serious concerns remain about what Human Rights Watch describes as a "near-monopoly on broadcast media for the ruling party, bias within the electoral apparatus; and harassment, intimidation, and coerced defections of opposition party members." http://www.nytimes.com/2008/07/28/world/asia/28cambo.html?_r=1&oref=slogin. Under his reign, the government has forcibly evicted thousands of families in order to use the land for public projects or to provide to private companies. It has also "threatened, attacked, and arrested villagers opposed to land confiscation, logging and concessions, or prohibited them from airing grievances in public." http://hrw.org/englishwr2k7/docs/2007/01/11/cambod14866.htm. While these activities and others like them certainly do not approach the atrocities committed by the Khmer Rouge, the world should keep a close eye on Mr. Hun Sen and his regime.
Full post as published by Prawfs on August 12, 2008 (boomark / email).
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