Financial Challenges and their Possible Effects on Proceedings

By relying on voluntary funding to finance their shares of thebudget of the Cambodian Extraordinary Chambers (CEC), both theUnited Nations (UN) and the Cambodian Government are creatinguncertainty, jeopardizing long-term planning and risking theperceived impartiality of the CEC. Lessons from the SpecialCourt for Sierra Leone suggest that the UN may need to fundthe CEC through assessed contributions if these risks are tobe avoided. This may be politically improbable while the CambodianGovernment maintains institutional control of the CEC.     

Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers

This contribution concentrates on aspects of due process andthe organization of criminal procedure in the Cambodian ExtraordinaryChambers (CEC). It will be demonstrated that in respect of humanrights the governing legal framework offers a solid basis forprotection, but strict enforcement may be problematic. Concerningthe procedural law of CEC, the vital issue is how to reconcilea predominantly civil law based national criminal procedurewith standards of international criminal justice. This contributionoffers a first tentative suggestion in this respect.     

The Rights of Victims: Participation, Representation, Protection, Reparation

Victims have the right under Cambodian law to participate inthe Cambodian Extraordinary Chambers’ trials. The mannerin which they will exercise this right remains unsettled, butwill affect whether these trials are eventually fair, theirimpact on national reconciliation, and the establishment ofprecedents for future Cambodian litigation. The exercise ofvictims’ rights should be adapted to the context of trialsfor mass crimes, affecting victim participation, representation,protection and reparation.     

Country Profile: A Review of the New Juvenile Offenders Status in Cambodia

This publication seeks to explore whether the position of juvenile offenders vis‐à‐vis the Cambodian criminal law has changed with the passage of the new criminal legislation and whether this change has been positive or otherwise. The quality of this change will demonstrate to the reader whether the overall process of the reform of the juvenile justice component of the Cambodian system of criminal justice, which spans the last fifteen years and has been funded by the international community, has been a success. The author limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile offenders and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.     

Domestic Violence against Women in Cambodia: Husband’s Control,Frequency of Spousal Discussion,and Domestic Violence Reported by Cambodian Women

This study sought to examine the effects of husband’s control and frequency of spousal discussion on domestic violence against Cambodian married women, using the 2005 Cambodia Demographic and Health Survey data. The sample included 1,707 married women, aged 16–49 (M = 35.14). Structural Equation Modeling showed that husband’s control positively predicted both emotional and physical violence. Frequency of spousal discussion positively predicted emotional violence, an association consistent with the idea that a husband holding patriarchal beliefs would interpret women’s more frequent discussion as a violation of Cambodian norms for quiet, submissive wives. Frequency of spousal discussion and husband’s control were positively correlated. The role of gender issues in husband’s control and frequency of spousal discussion are discussed with respect to violence in the lives of Cambodian women.     

Prosecuting Cambodian Genocide: Problems Caused by the Passage of Time since the Alleged Commission of Crimes

This article identifies obstacles that the Cambodian ExtraordinaryChambers will face in their prosecutions, both in investigationand at trial. Looking to the practice and jurisprudence of theInternational Criminal Tribunals for the former Yugoslavia andRwanda for assistance, it discusses the balance between theright of an accused to be tried without delay and the rightsof victims and the international community to see justice done30 years after the events in question.     

Supply and demand: exposing the illicit trade in Cambodian antiquities through a study of Sotheby’s auction house

Looters are reducing countless ancient sites to rubble in their search for buried treasures to sell on the international market. The trafficking of these and other stolen cultural objects has developed into a criminal industry that spans the globe. For numerous reasons, the small Southeast Asian nation of Cambodia presents an opportunity to ground this illicit trade in reality. This paper supplements previous studies that have detailed the pillaging of the country’s archaeological sites, and aims to better comprehend the trafficking of its artifacts, through an investigation of their final destination: the international art market. Of course, the global market for Cambodian art is wide, but Sotheby’s Auction House provides an excellent sample. For over 20 years, its Department of Indian and Southeast Asian Art in New York City has held regular sales of Cambodian antiquities, which have been well published in print catalogues and on the web. These records indicate that Sotheby’s has placed 377 Khmer pieces on the block since 1988—when those auctions began—and 2010. An analysis of these sales presents two major findings. Seventy-one percent of the antiquities had no published provenance, or ownership history, meaning they could not be traced to previous collections, exhibitions, sales, or publications. Most of the provenances were weak, such as anonymous private collections, or even prior Sotheby’s sales. None established that any of the artifacts had entered the market legally, that is, that they initially came from archaeological excavations, colonial collections, or the Cambodian state and its institutions. While these statistics are alarming, in and of themselves, fluctuations in the sale of the unprovenanced pieces can also be linked to events that would affect the number of looted antiquities exiting Cambodia and entering the United States. This correlation suggests an illegal origin for much of the Khmer material put on the auction block by Sotheby’s.     

Safeguarding the Independence and Impartiality of the Cambodian Extraordinary Chambers

The article focuses on one limited but vexed issue — howto safeguard judicial independence and impartiality in the CambodianExtraordinary Chambers (CEC). The author addresses some of themost problematic issues that she anticipates could diminishor hamper the possibility for judicial independence and impartialityat the CEC. To the extent possible, she offers workable andrealistic suggestions for dealing with the situation.     

New Paths in International Criminal Justice?: The Internal Rules of the Cambodian Extraordinary Chambers

The Internal Rules of the Cambodian Extraordinary Chambers adoptedin June 2007 provide some insight into how a non-adversarialsystem might work in the context of a hybrid tribunal with jurisdictionover both domestic and international crimes. This approach presentsvarious novelties, especially with respect to the pre-trialand trial stages of the proceedings, and provides an exampleof integration into a domestic non-adversarial system of principlesderived from international criminal procedure.     

International Guidelines audit tool tested in Cambodia

Until mid-2003, the audit tool developed at the Australian National University to measure compliance with the International Guidelines on HIV/AIDS and Human Rights had not been tested in a developing country. This article describes the process and preliminary findings from the application of the audit in Cambodia. Of particular interest was the willingness of the Cambodian government to permit the audit, as well as the publication and dissemination of the results.     

Fatal hypokalemic thyrotoxic periodic paralysis presenting as the sudden, unexplained death of a Cambodian refugee.

For the last decade, death investigators have been aware of an unexplained syndrome of sudden death occurring among young adult Southeast Asian refugees. Presented here is a rare instance of fatal hypokalemic periodic paralysis associated with thyrotoxicosis masquerading as the sudden, unexplained death of a Cambodian refugee. The usual features of this syndrome were present, including relatively occult thyrotoxicosis, paralysis upon awakening following a high-carbohydrate meal, and hypokalemia. This case illustrates the value of thorough background death investigation and also illustrates the potential of misinterpreting traditional folk medicine coin rubbing (Cao Gio) as signs of physical abuse.     

"Women must endure according to their karma": Cambodian immigrant women talk about domestic violence

Asian populations living in the United States share similar cultural values that influence their experiences with domestic violence. However, it is critical to recognize how differential cultural beliefs in the context of immigration and adjustment to life in the United States affect attitudes, interpretations, and response to domestic violence. This article discusses findings from community-based participatory action research that explores how Cambodian immigrant women talk about domestic violence, what forms of abuse contribute to domestic violence, and what strategies they use to cope with and respond to abuse in their lives. The richness of this research lies in the stories that immigrant women tell about their struggle and their strength in addressing domestic violence.     

Recommended Films

To purchase these and other films from Torch Films, please contact: Torch Films, 597 Madison Street, Brooklyn, NY 11221. Website: https://www.torchfilms.com/

A Cambodian Spring (Director: Chris Kelly, 2016)     

Blunt force cranial trauma in the Cambodian killing fields

In this paper we present a unique pattern of blunt force cranial trauma that was observed in 10 of a sample of 85 crania from a Cambodian skeletal collection comprised of Khmer Rouge victims. Initial examination of the trauma, which presents as substantial damage to the occipital with fractures extending to the cranial base, suggested the pattern was classifiable as a basilar or ring fracture. However, further investigation, including trauma analysis and historical research, revealed that this fracture type is distinctive from basilar and ring fractures. Historical data indicate that a particular execution method was the likely source of the trauma. Recognition of this trauma pattern is significant because it exemplifies the distinct fracture configuration resulting from an apparently categorical and methodical execution technique. Identification of this fracture type could potentially assist forensic investigators in the recognition of specific methods of murder or execution.     

Realities of Victim Participation: The civil party system in practice at the Extraordinary Chambers in the Courts of Cambodia (ECCC)

Victims of the Khmer Rouge play a unique role at the Extraordinary Chambers in the Courts of Cambodia (ECCC) since they have broad participatory rights. However, as the initial trial progressed, a number of changes were made to the framework of victim participation to deal with emerging problems. Although these amendments seemed to curtail some rights, they were also meant to strengthen victim participation and ensure a more efficient trial process. This led to the introduction of restorative justice measures, a lead co-lawyer system and a single submission for reparations. The reasons they were introduced and how they have been implemented so far in the first year of the second trial are the focus here. Subsequently, the impact of the lack of resources and attention given to victim support at the ECCC, from its inception, and the crucial contribution of civil society organizations in filling this gap and carrying out myriad activities at all stages of the participation process are examined. With the well-publicized controversies at the ECCC such as alleged political interference, the participation of victims has the potential to be the lasting legacy of the Court, but any success in this area owes a great debt to Cambodian civil society.     

Vladimir Shapoval: "The CEC Is Destined to Be the Scapegoat"

"The law is harsh, but it is the law"—the well-known ancient Roman saying is entirely suitable as a brief synopsis of the Lb.ua interview with the chairman of the Central Election Commission (CEC), Vladimir Shapoval.

"Any electoral legislation, I emphasize, any, will always be 95 percent the product of political expediency. Always. This way gives them an advantage—so be it." This is how he calmly parried my emotional "How can the advantage of the strong be codified in the law (!), and the weak essentially have no chance? What can you do, how can it be?" "All this ‘whining and crying,’ say, the law is this and that in substance, I do not accept it. The laws were adopted—so we will follow them. You cannot get away from it," he added.

It might seem to someone who does not know Vladimir Nikolaevich that the chief vote-counting official is being clever, "covering up" the "distortions" of the authorities "at the local level." He is in fact speaking frankly. The chairman of the Central Election Commission formed on the eve of the 2007 preterm parliamentary elections by a "coalition"—a retired Constitutional Court of Ukraine (CCU) justice, and a doctor of legal sciences who is an active member of the High Council of Justice (HCJ), he can permit himself that. Shapoval contrives to call things by their names: "How the law is written is another matter. And its parts are written abominably," he states bluntly.

In view of this, my discussion with Shapoval—formally tied to the start of a local elections campaign—went far beyond the bounds of a discussion of the legislation on this topic, and even the specifics of the campaign. The more so as I had already discussed this in detail with CEC Deputy Chairman Andrei Magera. Vladimir Nikolaevich, without concealing his indignation, related just what the HCJ is really afraid of (and it turned out it was not at all, or more precisely not only, what they are portraying it to be). Relying on nine years of experience as a CCU justice, he elucidated the risks of the invalidation of the 2004 constitutional reform by the current Constitutional Court—"only those who have face can lose it." Sketching out the situation in the body politic, he summed up, "If the Party of Regions (PoR) does not win the local elections, many questions will arise."     

Community violence exposure of Southeast Asian American adolescents

Southeast Asian adolescents in the United States face the daily challenge of adjusting to the American culture and their culture of origin. However, little is known about how the patterns of their bicultural adjustment influence psychological symptoms, especially when faced with other challenges such as community violence and negative life events. Additionally, the overrepresentation of Southeast Asian youth in the mental health and juvenile justice systems also necessitates a deeper understanding of the adjustment of this group of adolescents. Data from a sample of 80 Vietnamese and Cambodian adolescents who were between 13 and 18 years old revealed high rates of community violence witnessing and victimization, and a moderate level of negative life events. All of these stressors were related to higher externalizing and trauma-related symptoms, but only violence victimization and negative life events were related to higher internalizing symptoms. There was an additive effect of higher bicultural orientation related to lower externalizing and traumatic-stress symptoms in the face of stress and violence exposure, but no moderation effects were found.     

HPLC of basic drugs on microparticulate strong cation-exchange materials - a review

Propylsulphonic acid (SCX)-modified silica HPLC columns used with methanol or aqueous methanol eluents of appropriate pH and ionic strength can give good retention and peak shape for basic drugs. In the system studied, eluent pH influenced retention via protonation of basic analytes, the pK(a) of the analyte indicating the pH where retention begins to decrease at constant ionic strength. At constant pH, retention is inversely proportional to ionic strength for protonated bases and quaternary ammonium compounds. The underlying retention mechanism appears to be ion-exchange with the SCX moieties, although ionized surface silanols may also contribute to retention at higher eluent pH values. In capillary electrochromatography (CEC) unprecedented efficiencies, but similar selectivity, to that observed in conventional HPLC have been obtained for a standard range of basic drugs using Waters Spherisorb S3SCX.SCX-modified silica columns can be used in the HPLC of many basic drugs, including some compounds that are poorly retained on unmodified silica using methanol-rich eluents. N-Desalkyl and sulphoxide metabolites are often resolved at an appropriate eluent pH. Even analogues differing by a methylene unit in a side-chain remote from a basic centre are often resolved. Applications of Waters Spherisorb S5SCX columns include HPLC of antimalarials such as chloroquine and quinine, cardioactive drugs, for example amiodarone and flecainide, antipsychotics (clozapine, olanzapine), and antidepressants (amitriptyline, clomipramine, dothiepin, fluoxetine) and their N-desalkyl metabolites. Major practical features of these systems are that (i) acidic and neutral compounds are not retained, (ii) solvent extracts can be injected directly, and (iii) eluent recycling can be performed routinely.     

Forging the agenda: the 1819 select committee on the criminal laws revisited

This article revisits a crucial episode in the early nineteenth century criminal law reform debate: the appointment and report of the 1819 House of Commons select committee on capital punishment. This committee, which helped shape the reforms of the 1820s and 1830s, has traditionally been interpreted as the result of the campaign for penal reform in parliament over the preceding decade. This article argues that its origins and significance can only be understood by reference to the political circumstances of 1819 and the scandal surrounding the crime of forgery. This contextualized reading suggests new ways of approaching and understanding the early nineteenth century penal reform discourse.     

At the Court of the Strange God

This article revisits the decision of the Australian High Court in Mabo (No. 2)for the purpose of determining what, in the legal thought displayed in the judgments, makes the category of sovereignty exclusive of the sovereignty of aboriginal peoples. Having regard to the téchnē of legal thought, it locates this exclusion in the substitution of nation for property relations of class, sex and race and, more specifically to sovereignty as a category of a still colonial law, in denial of the partiality of the standpoint of legal thought. This article proposes the need in Australia to attend to, thoughtfully, a fantastic and reconciliatory moment in the idea of sovereignty. This revised version was published online in July 2006 with corrections to the Cover Date.