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for Cambodia, and it seems that there will be few, if any, trials other than those planned for the tribunal.
6.4 Distributive Justice and Legal Aid
In theory, legal aid should be available to all participants in a legal process, to ensure that a fair trial results. In practice, lack of resources means that legal aid is rationed to certain pre-selected cases. The criteria for rationing may mean that legal aid is only available for criminal cases, or only available for criminal cases where the penalties are severe. Also, legal aid may be rationed to the most needy applicants. Sometimes this can mean that the poorest litigants have access to legal aid, the richest litigants have access to paid lawyers, while the bulk of people in the middle effectively have no access to the courts.
Article 13 of the March 2003 Agreement between the United Nations and the Royal Government provides the right of defendants to have legal counsel if they wish. Then Article 17 of the Agreement makes financial provision for defence counsel the responsibility of the United Nations, which will act as a form of legal aid.
7. Law, Justice, and other Values
The limitations of legal systems have meant that societies have sought other methods besides Courts and Tribunals to achieve desired objectives.
7.1 Discovering the Truth:
One objective, going beyond what a court can do, is to provide for a system which “tells the truth" about an era, and enables reconciliation. Sometimes, the pattern of injury and counter-injury is such that punishment is not appropriate, and simply telling the truth opens the possibility for healing and reconciliation. One of the earliest international examples is the provision under the Geneva Conventions and Protocols for an International Fact Finding Commission.18 Not surprisingly, there are those in communities who would prefer the truth to remain hidden, and these structures have rarely been used. So we should not be surprised to discover that the International Fact Finding Commission has never been used.
98
for Cambodia, and it seems that there will be few, if any, trials other than those planned for the tribunal.
6.4 Distributive Justice and Legal Aid
In theory, legal aid should be available to all participants in a legal process, to ensure that a fair trial results. In practice, lack of resources means that legal aid is rationed to certain pre-selected cases. The criteria for rationing may mean that legal aid is only available for criminal cases, or only available for criminal cases where the penalties are severe. Also, legal aid may be rationed to the most needy applicants. Sometimes this can mean that the poorest litigants have access to legal aid, the richest litigants have access to paid lawyers, while the bulk of people in the middle effectively have no access to the courts.
Article 13 of the March 2003 Agreement between the United Nations and the Royal Government provides the right of defendants to have legal counsel if they wish. Then Article 17 of the Agreement makes financial provision for defence counsel the responsibility of the United Nations, which will act as a form of legal aid.
7. Law, Justice, and other Values
The limitations of legal systems have meant that societies have sought other methods besides Courts and Tribunals to achieve desired objectives.
7.1 Discovering the Truth:
One objective, going beyond what a court can do, is to provide for a system which “tells the truth" about an era, and enables reconciliation. Sometimes, the pattern of injury and counter-injury is such that punishment is not appropriate, and simply telling the truth opens the possibility for healing and reconciliation. One of the earliest international examples is the provision under the Geneva Conventions and Protocols for an International Fact Finding Commission.18 Not surprisingly, there are those in communities who would prefer the truth to remain hidden, and these structures have rarely been used. So we should not be surprised to discover that the International Fact Finding Commission has never been used.
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