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Designing Justice For Cambodia'S Khmer Rouge

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Chapter Summary

This chapter examines some practical issues involved in the problem of accountability for Cambodia's Khmer Rouge. The leadership of the Communist Party of Kampuchea (CPK), popularly known as the Khmer Rouge, has long been accused of alleged mass atrocities carried out during the "Democratic Kampuchea" regime between 1975 and 1979. The author considers several areas of contention in connection with proposals to bring these individuals to justice and tries to draw some of the central technical issues involved with the prospect of a tribunal that might pass judgment on these accusations. The issues include the source of authority under which a tribunal might be convened, the optimal venue for a tribunal, the question of personal jurisdiction, the question of temporal jurisdiction, and perhaps even some questions concerning political aspects of this entire matter. The chapter also discusses in detail about design decisions.

Keywords: Cambodia's Khmer Rouge; design decisions; justice; mass atrocities; optimal venue for tribunal; personal jurisdiction; temporal jurisdiction



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