The Criminal Justice in Cambodia - Selection after Lapse of Time -

Abstract

This research investigates the issue of grave breaches committed by the movement of Khmer Rouge against Cambodian people throughout two decades. This movement committed the most international Crimes against Cambodian Civilian starting from Religious, racial minorities through the educated and ending without standing members of Khmer Rouge. But its quit and unfortunate that the legal qualification of these grave breaches of International Law is envisaged as a normal Crimes against humanity, or homicide Crimes and this totally departs from the reality that they are genocide, in spite of the presents of main genocide elements in the acts and specially the (dol special), targeting of groups protected by International Law such as ,ethnic, religious, racial, national in Cambodia: Muslim Shams , Buddhist monks, Christian, Vietnamese. This research also deals with the national and internationalism (especially UN and Amnesty International) attempts to follow and prosecute perpetrators of these grave breaches and whether these attempts are serious or otherwise, especially, when the leaders of the former Regime and movement and the main suspect had been free and away from any chasing due to political considerations imposed through the period of Cold War. Therefore, the souls 1,7 million of Civilians Cambodian victims a wait for that justice should be done immediately. Finally, the political compromised which hold between UN and Cambodian government led to born of mixed Justice (national and International) which called “ Extraordinary Chambers in the Courts of Cambodia” ECCC that attached to Cambodian Courts which took its role in prosecuting the leaders of Khmer Rouge.