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53 German Y.B. Int'l L. 753 (2010)
Transitional Justice Policy in Practice: Victim Participation in the Khmer Rouge Tribunal

handle is hein.journals/gyil53 and id is 754 raw text is: Transitional Justice Policy in Practice: Victim Participation in the Khmer Rouge Tribunal PATRICK KROKER* ABSTRACT: The hybrid KhmerRouge Tribunal in Cambodia has performed pioneering work in the determination of the role of victims in international criminal proceedings. This article attempts to contribute to the debate about the proper role of victims in international criminal law. It examines the victim participation scheme from legal and policy perspectives. In so doing, it shows in which ways criminal trials pose constraints in responding to the demands of victims in post-conflict justice. Using a chronological structure and concrete examples, the article reveals the constant downgrading ofvictim participation in the proceed- ings before the tribunal. The article points out mistakes that were made in the implementation of the victim participation scheme and successes that were achieved. Furthermore, it suggests policy changes in its operation to better serve the demands of victims of mass crimes. KEYWO RDS: victims' rights, victim participation, international criminal law, transitional justice, hybrid courts, Cambodia, Khmer Rouge I. Introduction Rights of victims of gross human rights violations are enshrined in several, partly overlapping sources of international humanitarian law and human rights law. They contain rights to a legal remedy and reparations.1 A victim's right to truth has been * Doctoral Candidate at the University of Hamburg and Research Assistant at the Hertie School of Governance, Berlin. ' See for example Art. 8 of the Universal Declaration of Human Rights, GA Res. 217A (III) of 10 December 1948; Art. 2 (3) International Covenant on Civil and Political Rights, GA Res. 2200 (XXI) of 16 December 1966 (ICCPR); Arts. 41, 5 (5), 14 European Convention for the Protection on Human Rights and Fundamental Freedoms, 4 November 1950, ETS No. 5 (ECHR); Art. 61 American Conven- tion on Human Rights, 22 November 1969, UNTS 1144, 123 (ACHR); the Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949, UNTS 75, 135, the Geneva Conven- tion Relative to the Protection of Civilian Persons in Time of War, 12 August 1949, UNTS 75,287 and

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