ABSTRACT

This chapter begins by providing a brief overview of Cambodia's history since its independence. It highlights a range of victimisations that have remained largely unrecognised by Cambodia's transitional justice process. The chapter offers a number of possible explanations for the selective recognition of harm. It argues that the court is based on a reluctant compromise between the United Nations (UN) and the RGC, a fact that has had a significant impact on the court's structure, functioning, and ability to credibly pursue justice for the victims of the Khmer Rouge regime. The negotiations and compromises which led to the Extraordinary Chambers in the Courts of Cambodia's creation have had significant implications for the court's structure, procedures and budget. Commentators have continued to critique the court for its failure to acknowledge the role of politics, describing the dismissal as a 'farce and pretence of justice'.