JUSTICE, LAW, AND THE PROPOSED TRIBUNAL FOR THE KHMER ROUGE
RODERICK O'BRIEN
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1. Background: the Khmer Rouge in context 2. Background: the Proposed Tribunal
3. The Structure and Processes of the Tribunal
4. Retributive Justice
4.1 Retributive Justice and Closure by Legal Statement 4.2 Retributive Justice and a Culture of Impunity
4.3 Retributive Justice and Revenge
4.4 Retributive Justice and Individuals
5. Restorative Justice
5.1 Restorative Justice and the Individual Criminals 5.2 Restorative Justice and the Individual Victims
6. Distributive Justice
6.1 Distributive Justice and a Fair Trial
6.2 Distributive Justice and Fair Trials
6.3 Distributive Justice and the Justice system
6.4 Distributive Justice and Legal Aid
7. Law, Justice, and Other Values
7.1 Discovering the Truth
7.2 From Truth to Reconciliation
7.3 Ending Hostilities
7.4 Building a post-Conflict Society
8. Conclusion
1. Background: The Khmer Rouge in context
To situate the proposed tribunal in its historical context, a brief survey of Cambodia's history since independence may be useful:
1954-1970 The Kingdom of Cambodia
Cambodia had been under French colonial rule in various forms since the nineteenth century (apart from a short period of Japanese rule late in the Second World War). Independence was declared by King Sihanouk in 1953, and recognised at the Geneva Conference of May