5 Melb. J. Int'l L. 462 (2004)
The Cambodian Khmer Rouge Tribunal: The Promise of a Hybrid Tribunal

handle is hein.journals/meljil5 and id is 468 raw text is: COMMENTARIES

THE CAMBODIAN KHMER ROUGE TRIBUNAL:
THE PROMISE OF A HYBRID TRIBUNAL
HELEN HORSINGTON*
[The proposed Cambodian Khmer Rouge Tribunal, intended to prosecute former senior leaders
of the Khmer Rouge for egregious human rights abuses committed during the era of Democratic
Kampuchea, is the latest hybrid tribunal to be devised. The rocky path to its establishment
highlights the tension between the unique social and political context of the tribunal and
sustained international interest in ensuring those most responsible for these crimes are brought
to justice at an international standard. Despite some identified problems and concerns, many of
which are manageable, the hybrid model has real potential to deliver tangible, achievable and
substantial benefits to Cambodia. This may hold promise for further hybrid tribunals to be
created and adapted to suit the peculiar circumstances in other jurisdictions addressing gross
violations of human rights, particularly in post-conflict societies.]
CONTENTS
I    Introdu ction  ........................................................................................................... 4 62
II   Historical Overview of the Atrocities Committed during the Period of
D em ocratic  K am puchea  ........................................................................................ 463
III  History of Efforts to Establish a Khmer Rouge Tribunal ...................................... 466
IV   Analysis of the Features of the Khmer Rouge Tribunal ........................................ 471
V    The Promise of a Hybrid Tribunal for Cambodia ................................................. 478
V I  C onclu sion  ............................................................................................................. 4 82
I     INTRODUCTION
The last decade has witnessed the evolution of various international
mechanisms designed to address gross violations of human rights. These include
purely intemational mechanisms such as the establishment of the International
Criminal Court, and the creation of the International Criminal Tribunal for the
Former Yugoslavia and the International Criminal Tribunal for Rwanda. During
this period a number of domestic mechanisms, such as the South African Truth
and Reconciliation Commission and, more recently, the Iraqi Special Tribunal'
have also been developed to address human rights atrocities. Another more
BA (Hons), LLB (Hons) (Wollongong), LLM   (Sydney); Officer of the International
Organisations and Legal Division, Commonwealth Department of Foreign Affairs and
Trade. Former solicitor, Aliens Arthur Robinson, Sydney. The author has recently travelled
extensively throughout Cambodia. This commentary is current to 7 October 2004 and
contains the personal views of the author and does not represent the views of any
organisation. The author accepts sole responsibility for opinions, omissions and mistakes.
Article 6(b) of the Statute of the Iraqi Special Tribunal provides that the President of the
Tribunal must appoint international advisers or observers in all areas of the Tribunal (except
for administration) to provide assistance on international law, including the experience of
similar tribunals, and to ensure that due process is observed. The President is also entitled to
ask for assistance from the UN in appointing such advisers and observers.

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