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The crimes within the jurisdiction of the Extraordinary Chambers are crimes under Cambodian Penal law, crimes of genocide, crimes against humanity, crimes against the Geneva Conventions, and crimes under other international agreements applicable to Cambodia.
The word "tribunal" is convenient to briefly describe these Extraordinary Chambers.
4. Retributive Justice
Justice is a complex concept. It will be dealt with under three headings: Retributive Justice, Restorative Justice, and Distributive Justice.
Retributive Justice is concerned with both the rewarding of good and the punishment of evil. Commonly, we think of retribution largely in terms of punishment and revenge. It underlies many of the criminal law systems of the world, and the simplest expression is that the perpetrator of a crime deserves to be punished for her or his offences. So, those who have suffered under the Khmer Rouge seek retribution for their suffering by the punishment of those responsible for the suffering.
4.1 Retributive Justice and Closure by Legal Statement:
A legal process can bring closure to injury by coming to an official conclusion that one party was right, and another was wrong. The punishment involved represents a legal quantification of the degree of injury. For many victims, a legal process can bring a clear reversal of the verdicts of the Khmer Rouge, and re-establish their sense of rightness both individually and before the community. Such a closure enables people to leave an injury behind, and move on in their lives.
4.2 Retributive Justice and a Culture of Impunity:
The fact that such grave crimes remained unpunished contributes to a culture of impunity which continues in Cambodia. In the aftermath of the UN's withdrawal from the negotiating process in 2002, a number of states expressed concern about the UN position. While recognising that the Cambodian legislation of 2001 was flawed, these states were
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The crimes within the jurisdiction of the Extraordinary Chambers are crimes under Cambodian Penal law, crimes of genocide, crimes against humanity, crimes against the Geneva Conventions, and crimes under other international agreements applicable to Cambodia.
The word "tribunal" is convenient to briefly describe these Extraordinary Chambers.
4. Retributive Justice
Justice is a complex concept. It will be dealt with under three headings: Retributive Justice, Restorative Justice, and Distributive Justice.
Retributive Justice is concerned with both the rewarding of good and the punishment of evil. Commonly, we think of retribution largely in terms of punishment and revenge. It underlies many of the criminal law systems of the world, and the simplest expression is that the perpetrator of a crime deserves to be punished for her or his offences. So, those who have suffered under the Khmer Rouge seek retribution for their suffering by the punishment of those responsible for the suffering.
4.1 Retributive Justice and Closure by Legal Statement:
A legal process can bring closure to injury by coming to an official conclusion that one party was right, and another was wrong. The punishment involved represents a legal quantification of the degree of injury. For many victims, a legal process can bring a clear reversal of the verdicts of the Khmer Rouge, and re-establish their sense of rightness both individually and before the community. Such a closure enables people to leave an injury behind, and move on in their lives.
4.2 Retributive Justice and a Culture of Impunity:
The fact that such grave crimes remained unpunished contributes to a culture of impunity which continues in Cambodia. In the aftermath of the UN's withdrawal from the negotiating process in 2002, a number of states expressed concern about the UN position. While recognising that the Cambodian legislation of 2001 was flawed, these states were
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