ABSTRACT
This chapter explores why and how the Extraordinary Chambers in the Courts of Cambodia (ECCC) judges first created a civil party system of victim participation. It seeks to provide a 'thicker' description of judicial conduct while critically examining the actions, motivations, consequences, philosophical assumptions and power relations which may inform and shape judicial actions. The chapter focuses on theories of judicial behavior and analyses the various factors which influenced the creation of the civil party system. Theories of judicial behaviour within the context of domestic jurisdictions have been the subject of much scholarly analysis. Judicial behaviours are inevitably influenced by a myriad of external and internal factors. Dominant approaches within the political science literature on judicial behaviour have included the attitudinal model, whereby the ideas, attitudes and values of judges are considered the key variables determining behaviour, and the strategic model, whereby judges are seen to be pursuing specific political and legal goals.
