Hybrid Justice: The Extraordinary Chambers in the Courts of Cambodia by Ciorciari John D. & Heindel Anne

Author:Ciorciari, John D. & Heindel, Anne
Language: eng
Format: epub
Publisher: The University of Michigan Press
Published: 2018-05-15T00:00:00+00:00

REPARATIONS AND NONJUDICIAL MEASURES

Reparations

The effort to provide reparative justice has presented the ECCC with further challenges. Like other international and hybrid courts, the ECCC is designed with a primary institutional focus on criminal trials rather than reparative measures.175 The limits of hybrid courts are compounded by expectations of cost efficiency. Pursuant to the Internal Rules, the ECCC, in contrast to the ICC, has no authority to grant individual reparations, only “collective and moral.”176 The Trial Chamber has noted:

[T]he ECCC lacks the competence to award individual monetary compensation to Civil Parties…. Such departures from national law were considered necessary in view of the large number of Civil Parties expected before the ECCC and the inevitable difficulties of quantifying the full extent of the losses suffered by an indeterminate class of victims. Reparations before the ECCC were therefore intended to be essentially symbolic…rather than compensatory.177

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