Beyond justice, towards legacy : a case study on legacy at the Extraordinary Chambers in the Courts of Cambodia

Abstract

Due to the novel structure of hybrid courts, high expectations were placed on these courts. These include bringing justice, reconciliation, capacity building of the domestic judiciary and restoring trust in the judicial system. One of the expectations placed on hybrid courts was their potential to leave a long-lasting legacy for the domestic judicial system. Legacy can be understood in various ways, however, this thesis focuses on the potential legacy of hybrid courts, and more specifically the Extraordinary Chambers in the Courts of Cambodia, for the domestic legal and judicial system and in particular for fair trial rights. Legacy projects include trainings and workshops for legal professionals and students in order to strengthen professional capacity, leaving an informational archive and database of court documents behind and the implementation on the national level of the hybrid court’s jurisprudence and best practices. The author makes a critical evaluation of the legacy work conducted in Cambodia, taking into account the hybrid structure of the Court that can enhance legacy work and the work done by the different stakeholders. Finally, the author makes conclusions and recommendations based on this case study. These conclusions and recommendations are drafted in a general way, as such they are not only applicable to the Court in Cambodia, but to hybrid courts in general