The Promises And Limits Of International Criminal Justice:
The “Extraordinary Chambers” in Cambodia
Roundtable discussion hosted by UBC Centre for Southeast Asia Research, the Liu Institute for Global Issues, and the Centre for Asian Legal Studies at the Faculty of Law
2-4, February 2006
This workshop is made possible by the financial support of the Canadian Consortium on Human Security (CCHS), the Human Security Program of Foreign Affairs Canada (FAC), and the Domestic Outreach Division of FAC.
Background
Thirty years after the accession to power of a regime that saw the untimely deaths of some 1.7 million of a population of seven million in less than four years, Cambodians have not yet had an accounting of the culpability of its leaders. In 1997, the Royal Government of Cambodia called upon the United Nations to assist in setting up a tribunal, and agreement was finally reached in 2003 for the establishment of the “Extraordinary Chambers for the period of Democratic Kampuchea” (ECDK), involving Cambodian and international judges and prosecutors. The objectives of the ECDK, aside from the obvious need to mete out justice for the atrocities of the Democratic Kampuchea (Khmer Rouge) regime, can be said to be (a) to promote national reconciliation after 35 years of conflict; (b) to advance the acceptance in Cambodia of the rule of law; (c) to build competence among the Cambodian judiciary; and (d) to satisfy the Cambodian population that there is finally to be accountability for the “auto-genocide” perpetrated by the murderous regime.
The objective of this roundtable is to review the history of efforts to bring the Khmer Rouge leadership to justice for crimes against humanity between April 1975 and January 1979, and to analyze steps taken toward a hybrid “Cambodian model” of a national tribunal with the participation of international judges and prosecutors. The roundtable is intended to plant the seeds for a conference or series of conferences to be held in Cambodia dealing with the ECDK in the context of other international post-conflict methods of resolution. The roundtable will examine the effect of the Cambodian process on human security in a fragile state, particularly in stabilizing the peace, preventing further conflict in the region, promoting good governance and accountability, and encouraging acceptance of judicial reform and international norms respecting the rule of law. It will examine the legal framework of the process, the context and implications for the political situation in Cambodia and social development objectives, and will look in particular at the role of international assistance vis-à-vis “ownership” of the process.
Program & Conference Proceedings
Thursday, 2 February
Venue: Liu Institute for Global Issues, Multi-Purpose Room
5:00 pm- 7:00 pm Opening Reception and Keynote Address
Setting the Context for the Extraordinary Chambers by D. Gordon Longmuir (former Canadian Ambassador to Cambodia)
Friday, 3 February
Venue: Institute of Asian Research Conference Room, Choi Bldg
8:30 am Coffee and Registration
9:00 am Welcoming Remarks, Followed By Introductory Presentations.
Moderator: Michael Leaf (UBC Centre for Southeast Asia Research), Introduction to the Workshop
Welcome comments: Pitman Potter (Director, UBC Institute of Asian Research)
Presenters:
Ian Townsend-Gault (Director, UBC Centre for Asian Legal Studies): On the Principles Of International Criminal Justice
Maurice Copithorne (UBC Faculty of Law): On International Criminal Tribunals
Noah Novogrodsky (University of Toronto International Human Rights Program): On the Current Status of Preparations for the ECDK
10:45 am Coffee
11:00 am Panel 1
“Will The ECDK Meet The Objectives Set Out By The Legislation Establishing It?”
Two introductory presentations, followed by open discussion.
Moderator: D. Gordon Longmuir (former Canadian Ambassador to Cambodia)
Panelists:
William Neilson (Director Emeritus, Centre for Asia-Pacific Initiatives, University of Victoria): Presentation
Sorpong Peou (Sophia University, Political Science): Presentation and Draft background paper by Sorpong Peou:
The East-Asian Challenge for Collaborative Action in International Criminal Justice
12:00 pm Lunch
Afternoon Venue: Institute of Asian Research Conference Room, Choi Bldg
1:00 pm Panel 2
“Whose Interests, National And/Or International, Will Be Served By The ECDK?”
Three introductory presentations, followed by open discussion.
Moderator: Philippe Le Billon (UBC Liu Institute for Global Issues)
Panelists:
Bruce Broomhall (Université du Québec à Montréal, Département des Sciences Juridiques): Presentation
Patricia Marchak (UBC Liu Institute for Global Issues): Presentation
Suorsdey Sinn (Cambodian Community Development Services of Greater Vancouver): Presentation
2:30 pm Coffee
2:45 pm Panel 3
“What Outcomes Can We Expect That Would Influence Cambodian Society?”
Three introductory presentations, followed by open discussion.
Moderator: Shaun Narine (St. Thomas University, Political Science)
Panelists:
Touch Serey (NGO Representative): Presentation
Gordon Longmuir (former Canadian Ambassador to Cambodia): Presentation
Wendy McAvoy (Canadian Consortium on Human Security): Presentation
4:15 pm Summary Comments And Discussion
Moderator: Patricia Marchak (UBC Liu Institute for Global Issues)
Panelists: one representative from each panel
5:00 pm Closing
Saturday, 4 February
Venue: Institute of Asian Research Conference Room, Choi Bldg
9:00 pm – 12:00 pm Closed Session For Development Of Project Proposal
12:00 pm Light Lunch